Skilled worker visas

The Skilled Worker visa, successor to the Tier 2 General visa, is the key route for skilled overseas workers to live and work in the UK.

Considering sponsoring a skilled worker? Looking for a sponsored work visa? Understanding the eligibility and application process is crucial to avoid delays or refusals from the Home Office. A refused application means lost time and money on the application fee.

We are highly experienced lawyers, based in London and advise both sponsors and applicants. Please do get in contact.

How we can help

Some of the ways in which we advise and assist clients include:

• Help for employers applying for a Sponsor Licence – we advise UK business clients on the complex process and legal requirements associated with applying for a Sponsorship licence. We also deal with communicating with the Home Office on your behalf.
• Advice for employers on right to work legal requirements and checks – we also assist employers facing investigations or action by the Home Office for non-compliance.
• Eligibility Assessment – thorough evaluation to determine your eligibility for the Skilled Worker visa based on your occupation, qualifications, and sponsor requirements.
• Administrative Review assistance (if necessary) – if your visa application is unsuccessful, we can assist you with the review process to maximise your chances of success.

Skilled Worker Visa – how it works and key points

• Who it’s for? – employers can sponsor non-UK citizens for skilled positions. The sponsoring company must have a valid A-rated Sponsorship licence and pay the Certificate of Sponsorship and an Immigration Skills Charge.
• Applying – applications can be submitted up to 3 months before the worker’s start date as stated on the Certificate of Sponsorship.
• Eligibility – applicants need to be awarded a total of 50 points based on factors such as sponsorship, job at an appropriate skill level and English language ability.
• EU Citizens – after the end of free movement, some EU citizens may require this visa. However, EU citizens residing in the UK with pre-settled or settled status under the EU Settlement Scheme are exempt.
• Dependents – depending on the main applicant’s occupation code, spouse/ partner, and dependent children under the age of 18 can join the main applicant as Skilled Worker dependants.
• Validity – the visa is granted for up to 5 years, with the option to apply for Indefinite Leave to Remain if eligible.
• Salary Requirement – the minimum salary to qualify changes periodically but is currently £38,700 per year as a general threshold.
• Genuine Vacancy – the Home Office will verify that the vacancy and employment are genuine, meaning the company has to have a real need for the position.
• Certificate of Sponsorship – a valid Certificate of Sponsorship specific to the role and the employee is mandatory.
• Switching Visas – it’s possible to switch to a Skilled Worker visa from another type, such as a student visa provided their degree has been completed.
• Skill Level – the job must be “skilled,” typically equivalent to A-levels. Employers cannot misrepresent the skill level.
• Financial Requirements – applicants must demonstrate financial means to support themselves without relying on public funds. The minimum is £1,270, with additional amounts for dependents. If sponsors certify maintenance, applicants do not need to demonstrate their financial means.
• Criminal Record Checks – certain professions may require a criminal record certificate from all countries where the applicant has resided for over 12 months in the past 10 years, especially for education, healthcare, or social care roles in the UK.
• Change of Sponsor/Job – switching jobs or sponsors requires a new Skilled Worker visa application with a new Certificate of Sponsorship.

How can we help you?

Whether you are a business or an individual, our team of specialists at Branch Austin McCormick LLP can advise on all type of visa immigration routes to the UK. Contact us at immigrationfeeearners@branchaustinmccormick.com