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      Skilled Worker Visa

      by admin
      15 June 2024
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      What is a Skilled Worker Visa?

      The Skilled Worker visa previously called the Tier 2 (General) work visa. This permit allows eligible applicants to stay in the UK to do an eligible job with an approved sponsor/employer.

      If you or your close family are from the EU, Switzerland, Norway, Iceland or Liechtenstein, and you started living in the UK before 1st January 2021, you can apply for the free EU Settlement Scheme. This means that you would not need to get a visa to work in the UK. Irish citizens do not need to apply for the EU Settlement Scheme or a visa.

      Skilled Worker Visa Requirements

      To qualify for a Skilled Worker Visa, you need to be sponsored by a UK-based employer. Besides, you must meet the following eligibility criteria:

      • You must be aged 18 or over
      • You need a valid Certificate of Sponsorship (CoS) for the job you are going to do
      • Your job is a genuine vacancy
      • Your role is at an appropriate level
      • You will be paid a salary which equals or exceeds the general salary threshold and the “going rate” for your occupation
      • Your sponsor has paid the required Immigration Skills Charge
      • You can demonstrate your English proficiency (at least CEFR Level B1)
      • You can financially sustain yourself and your family without relying on public funds
      • You can provide a criminal record certificate
      • You can provide a valid TB certificate (if needed)
      • You must fulfil the specific genuineness requirement; therefore, you must show you will only undertake your proposed role and will not engage in any additional employment while in the UK.

      You will need to provide the following:

      • Certificate of Sponsorship reference number
      • Proof of knowledge of English
      • Valid passport
      • Document that shows your job title and annual salary, such as a contract
      • Job’s occupation code
      • a copy of your certificate of sponsorship

      As a Skilled Worker visa applicant, you must also provide the following documents:

      • Proof you meet the financial requirements
      • Proof of your relationship with your dependents if they are coming with you
      • Tuberculosis test results, if required
      • Criminal record certificate, if required
      • Valid ATAS certificate if your job involves researching a sensitive subject at PhD level or higher and you need one

      Requirement for sponsorship

      • The employer (sponsor) needs a valid sponsorship license with an A rating.
      • The sponsor must have paid the Immigration Skills Charge.
      • The Home Office checks if the job vacancy and employment are genuine, ensuring there’s a real need for the position.
      • The worker must have a valid Certificate of Sponsorship assigned by the employer for the specific job role they’re being hired for.

      Requirement for a Certificate of Sponsorship

      Before applying for a UK visa, the sponsoring UK employer must provide the worker with a valid Certificate of Sponsorship (CoS) to ensure they meet sponsorship requirements. This unique reference number is essential for the Skilled Worker visa application and can only be issued by licensed sponsors.

      There are two types of CoS: defined and undefined, replacing the previous restricted and unrestricted CoS. Undefined CoS are for those already in the UK switching immigration routes or applying from within the UK or abroad. Defined CoS are for skilled worker visa applicants from outside the UK.

      Sponsors must apply for defined CoS, specifying job and salary details. UKVI allocates undefined CoS to sponsors annually, based on factors like workforce size. Unused CoS are removed yearly, and sponsors can apply for more if needed.

      UK Skilled Worker Job Eligibility Criteria

      To be eligible for a Skilled Worker Visa, you should receive a job offer from a UK employer which must meet all the following requirements:

      • The job must be eligible for the visa, under the new Skilled Worker Visa route, your role must be skilled to at least RQF level 3 (roughly equivalent to A-levels).
      • You must be paid the minimum salary or “going rate” for the type of work you will be doing. The minimum salary is at least £38,700 per year as of 4th of April 2024.
      • Your employer must have been approved by the Home Office and hold a valid Certificate of Sponsorship
      • You must hold an occupation code. If you have already received a job offer, you must ask your employer for your code.

      Also, you must be able to prove that you are being sponsored by the employer to undertake a vacancy that is genuine. If the Home Office believes the job is only created so you can apply for the Skilled Worker visa or it is a sham, your application will be refused.

      English language requirement

      To qualify for a Skilled Worker Visa, you must demonstrate your English proficiency. This must be at least at level B1 (intermediate). To satisfy this requirement, you can either:

      • Be a national of a majority English-speaking country
      • Have passed a Secure English Language Test
      • Have obtained a GCSE/A Level or Scottish Highers in English while at school in the UK
      • Have been awarded a degree taught in English
      • Have already met this requirement as a part of any previous application for entry clearance

      How much is a Skilled Worker Visa?

      The Skilled Worker visa application fees range from £719 to £1,639, depending on your circumstances.

      When applying for your visa, you also need to take the following expenses into account:

      • Healthcare surcharge – £1,035 per year
      • You must have at least £1,270 available to demonstrate that you can support yourself when you arrive in the UK. You might be exempt if you have already been in the UK with a valid visa for at least 12 months, or if the employer can cover your costs during your first month in the UK.

      Applying from outside the UK:

      • Up to 3 years: £719 for each applicant
      • Over 3 years: £1,420 for each applicant

      Applying from within the UK (switching, updating, or extending):

      • Up to 3 years: £827 for each applicant
      • Over 3 years: £1,636 for each applicant

      Shortage occupation roles:

      • Up to 3 years: £551 for each applicant
      • Over 3 years: £1,084 for each applicant

      Applying For the UK Skilled Worker Visa with Your Family

      Your partner and children can apply to join you as your dependants in the UK provided that they are eligible. You can include the following members of your family in your application:

      • Your husband or wife, civil partner, or unmarried partner
      • Your children under 18
      • Your children over 18 if they are already staying in the UK as your dependants and are not married.

      When submitting your application, you must provide evidence of your relationship.

      How long does a skilled worker visa application take?

      You can submit your UK visa application up to 3 months before the day you are due to start work in the UK. This date can be found in your certificate of sponsorship.

      Depending on your circumstances, the Home Office may need extra time to review your documents and prove your identity. For this reason, you should always allow extra time and submit your application in time.

      It usually takes about 3 weeks to receive a decision from the Home Office if you are outside the UK. If you are already living in this country, you may need to wait up to 8 weeks.

      How to extend your Skilled Worker visa

      Your Skilled Worker visa is due to expire after a certain number of years, depending on your circumstances. You can apply to extend your permit if you meet the following requirements:

      • You have the same job as when you were first granted your visa
      • Your job is in the same occupation code as when you were given permission to enter the UK
      • You are still working for the same employer who sponsored your current application.

      Your family can apply for a visa extension, but they will need to submit a separate application.


      Switching To The UK Skilled Worker Visa From Other Visas

      Switching to the UK Skilled Worker Visa from other visas is possible for individuals who meet the eligibility criteria. Here are the general steps and requirements:

      • Check Eligibility: Make sure you have a visa that allows switching to a Skilled Worker Visa, such as certain work and student visas.
      • Secure a Job Offer: Get a job offer from a UK employer with a Skilled Worker sponsorship license, meeting skill and salary requirements.
      • Certificate of Sponsorship (CoS): Your employer provides you with a CoS, a unique reference number necessary for your application.
      • English Proficiency: Meet English language requirements, either through a test or recognised qualification.
      • Funds: Have enough money to support yourself, unless your employer commits to covering your expenses in the CoS.
      • Apply Online: Use your CoS reference to apply online, including filling forms and providing documents.
      • Biometrics: Attend a biometrics appointment for fingerprints and a photo.
      • Healthcare Surcharge: Pay the healthcare surcharge for access to the National Health Service (NHS).
      • Wait for Decision: Wait for a decision from the Home Office, checking processing times on their website.
      • Collect BRP: If approved, collect your Biometric Residence Permit (BRP) to confirm your immigration status and entitlements in the UK.

      Skilled Worker Visa refusal

      There are a number of reasons why your Skilled Worker Visa application may be refused. Some of the most likely reasons include:

      • Not fully completing the application form
      • Not fully paying the application fee or other associated costs
      • Not including an accurate certificate of sponsorship reference number or job code
      • Not submitting the appropriate, relevant supporting documents to accompany your application demonstrating your eligibility
      • Not meeting the 70 points requirements on the points-based system
      • Not having a clean immigration and criminal history

      Alternatively, you may experience a Skilled Worker refusal if your employer does not have the correct sponsor licence and necessary documentation.

      What can you do if your Skilled Worker Visa is refused?

      If your Skilled Worker Visa application is refused, you have a number of options available, depending on your circumstances. The most common option is administrative review.

      Applications may be refused in the following situations:

      • Initial application for the Skilled Worker Visa
      • Switching to the Skilled Worker Visa
      • Renewing or extending the visa

      If you receive a notice of refusal on your application, you have a limited period of time to apply for an administrative review of the decision. You have 28 days to file the request if you applied outside the UK, or alternatively, 14 days if you applied inside the UK.

      The Home Office (UKVI) will respond to your request within 28 days with a decision. If you are unsatisfied with the outcome of this decision, you may have the option to file a pre-action protocol for judicial review. You may be eligible to submit a request for a judicial review if you are unsatisfied with this decision.

      What Employers Need To Do In Order To Hire Skilled Workers

      Employers can secure Skilled Worker sponsorship to hire foreign skilled workers. Employers must apply for a Skilled Worker sponsorship license through an approved online system. Once granted, you can provide a Certificate of Sponsorship (CoS) to eligible workers. Additionally, you must fulfil various sponsorship responsibilities as part of the process.

      When seeking a skilled worker sponsor license, you must demonstrate to the Home Office that your organisation satisfies specific eligibility requirements, including:

      • Proof that you are a legitimate company eligible to provide a sponsor license.
      • Proof that you can provide a legitimate job role that will pay the skilled worker
      • Proof that you will adhere to the sponsor license requirements, and keep records, monitor your workers and report to the Home Office if any of your skilled workers do not meet the requirements
      • Be compliant with the Home Office’s background checks and routine check ups

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