Skilled Worker Visa UK (Specialist Skilled Worker Visa Solicitors)

The Skilled Worker visa is a points-based UK work visa for non-UK citizens. It replaced the old Tier 2 (General) visa and is part of the UK's points-based immigration system. It is designed for people who have a job offer for a skilled job in the UK from a UK business holding a UKVI-approved skilled worker sponsor licence. The applicants must accumulate a certain number of points based on criteria such as having a job offer, meeting salary thresholds, and proving English language proficiency.

The Skilled Worker route is for employers to recruit people to work in the UK in a specific skilled job. A skilled worker must have a job offer for an eligible skilled occupation from a Home Office-approved sponsor.

A total of 70 points are required to be eligible to apply for a Skilled Worker visa; 50 points are mandatory non-tradable points, and the remaining 20 are tradable points.

The key features of skilled worker visa UK include the following:

Eligibility Criteria: Applicants must have a confirmed job offer from a UK employer holding a valid sponsor license. The job offer must meet specific skill, salary, and language proficiency requirements. Individuals must score the requisite number of points based on various factors, including job offer, skill level, English language proficiency, and salary.

Sponsorship: Employers wishing to hire skilled workers from outside the UK must hold a sponsor license issued by the Home Office. Sponsors play a crucial role in the visa application process, issuing Certificates of Sponsorship (CoS) to prospective employees and ensuring compliance with immigration regulations.

If your prospective employer does not hold a sponsor licence, our specialist team of solicitors for sponsor licence can provide priority service to your prospective employer with an application for skilled worker sponsor licence to get decision on the sponsor licence application within 10 working days.

Points-Based Criteria: The Skilled Worker visa falls under the Point Based System (PBS) visa category, where points are allocated based on several factors. These include possessing a Certificate of Sponsorship (CoS), the skill level of the job, proficiency in English, meeting the required salary threshold, holding a PhD-level qualification, working in a shortage occupation, and being a new entrant to the workforce. To be eligible to apply for the Skilled Worker visa, a total of 70 points are necessary. Among these, 50 points are obtained from mandatory non-tradable criteria, while the remaining 20 points can be acquired through tradable factors.

Application Process: Prospective applicants must submit their visa application online, providing relevant documentation and personal details. Upon successful submission of the application online, applicants may need to attend a biometric appointment at a designated visa application centre.

The processing time for a Skilled Worker Visa application typically varies depending on the type of service you use. An application submitted through standard service can take a few weeks; an application submitted through priority service is decided within 5 working days, and an application submitted through Super Priority Service is decided within 24 hours.

Rights and Benefits: The Skilled Worker Visa holders are entitled to work in the UK for the sponsoring employer in the specified role. Dependent family members, including spouses/partners and children, can accompany the primary visa holder and may be eligible to work or study in the UK, subject to certain conditions.

Pathway to Settlement: The Skilled Worker Visa offers a pathway to settlement in the UK, with individuals eligible to apply for Indefinite Leave to Remain (ILR) after completing 5 years period of continuous residence. ILR grants individuals the right to live and work in the UK indefinitely, paving the way for British citizenship, if desired.

Essential requirements for a skilled worker visa in the UK include having a job offer from a UK employer with a valid UKVI-approved sponsor license, meeting the minimum job skill level, meeting the salary thresholds, demonstrating English language proficiency, and scoring the requisite points based on various factors.

You will need a minimum of 70 points to succeed in a skilled worker visa application, with 50 points obtained from mandatory non-tradable criteria and the remaining 20 points from tradable factors.

The mandatory non-tradeable 50 points are given in the table below:

The remaining 20 tradeable points must be scored through minimum salary threshold under Option A to K in Appendix Skilled Worker of the Immigration Rules. Applicants can score tradeable points in more than one way (although they cannot mix and match different options). To secure a successful skilled worker visa, an applicant must amass 20 tradeable points. These points can be acquired through various options, each offering its own set of criteria for point allocation. However, please note that the applicant can claim 20 points from only one of the available options.

Yes, you will need a Certificate of Sponsorship (CoS) assigned by your employer/sponsor for you to apply for your skilled worker visa. 

Yes, you can sponsor your dependants to apply for a skilled worker dependant visa and stay in the UK as your dependants. However, if you submitted your initial application for a skilled worker visa as a care worker or senior care worker after 11 March 2024, you will not be permitted to sponsor your dependents. 

Under the skilled worker visa, you can apply for Indefinite Leave to Remain (ILR) as a skilled worker 28 days before completing 5 years of residence in the UK.

You can combine your stay under the skilled worker visa route with previous time spent under certain other work visa routes to complete 5 years and qualify for ILR as a skilled worker. 

The processing time for the skilled worker visa application varies depending on the type of service you use to apply for your skilled worker visa. 

The processing times for skilled worker visa application are as follows: 

Standard Service: An out-of-country application through standard service takes up to 3 weeks, and an in-country application through standard service takes up to 8 weeks.

Priority Service: An application for a skilled worker visa submitted through Priority Service takes up to 5 working days.

Super Priority Service: An application for a skilled worker visa submitted through Super Priority Service is normally decided within 24 hours.

Yes, you can switch to a skilled worker visa from another visa category, subject to meeting the eligibility criteria set out in Appendix Skilled Worker of the Immigration Rules. 

You will not be able to switch to a skilled worker visa from inside the UK if your current immigration status is one of the following: 

• a Visitor; or
• a Short-term student; or
• a Parent of a Child Student; or
• a Seasonal Worker; or
• a Domestic Worker in a Private Household; or 
• a leave granted outside the Immigration Rules, e.g. Discretionary Leave to Remain (DLR).

The relevant jobs for which a Skilled Worker visa is possible are those listed in the Appendix Skilled Occupations and Appendix Immigration Salary List of the Immigration Rules.

You must apply for a skilled worker visa online. How you apply for a skilled worker visa depends on whether you are:

• outside the UK and are coming to the UK
• inside the UK and extending your current visa
• inside the UK and switching from a different visa

You must apply to update your visa if you want to change your job or employer.

You can include your partner and children in your application to stay in the UK if they are eligible.

The cost of the skilled worker is dependent on the period of sponsorship by your employer (the job start date and the job end date in the CoS) and whether you apply from inside the UK or outside the UK. 

You can check the UKVI costs for the skilled worker visa application by clicking on the link below: 

• How Much Does Skilled Worker Visa UK Cost?

A person in the UK on a skilled worker visa is allowed supplementary employment. The “supplementary employment” means employment in a job (other than the job for which the person is being sponsored) which either:

• appears in the Appendix Immigration Salary List; or
• is in the same profession and at the same professional level as the job for which the person is being sponsored; or
• if the person has permission as a Skilled Worker, is in an eligible SOC 2020 occupation code listed in Tables 1, 2 or 3 of Appendix Skilled Occupations;

provided in all cases that:

• the person remains working for the sponsor in the job for which the Certificate of Sponsorship records the person is being sponsored (except where the other employment takes place during the 4-month period referred to in SW 18.1A of Appendix Skilled Worker, where that provision applies); and
• the other employment does not exceed 20 hours per week and takes place outside of the hours when the person is contracted to work for the sponsor in the job for which the person is being sponsored.

A Skilled Worker can apply for a second job that does not qualify as supplementary employment. This secondary job may involve more than 20 hours of work per week and may not be eligible for the Health and Care Worker visa.

To pursue this second job, the individual will require a new Certificate of Sponsorship (CoS) from their employer/sponsor and must apply for a variation of permission in addition to their existing CoS and permission for their primary job. This is necessary because the terms of their existing permission do not cover work in the second job.

However, they cannot seek further permission to remain solely for the purpose of the second job until they have commenced working for their initial sponsor. Subsequently, they must submit a new application, explicitly expressing their intention to modify their existing permission, seeking permission to do a second job along with the primary job. The confirmation provided in this application should include the applicant's full name, date of birth, CoS reference number from the current permission, and confirmation of the expiry date of the current permission.

Upon approval of their secondary employment, the applicant's initial permission will be varied, and they will have two sponsors concurrently during the validity period of both CoS certificates. In cases where the applicant holds a biometric residence permit (BRP), arrangements will be made for a new BRP card to be issued. The revised BRP card should now indicate '2 CoS as Letter' where the CoS reference number is displayed, indicating the individual's secondary employment status.

Furthermore, the UKVI will update the applicant's approval letter to specify both primary and secondary sponsors and include the end dates of employment for each. The applicant will be informed that they must retain the approval letter alongside their BRP card as evidence of their right to work.

A "Certificate of Sponsorship” to apply for a skilled worker means either:

• an electronic document, with a unique reference, issued by a sponsor using the Sponsorship Management System; or
• the record linked to a Sponsorship Reference Number, given by a sponsor to an applicant through an invitation to apply, using the “Sponsor a Worker” scheme operated by the Secretary of State,

that confirms the job details for which the sponsor is sponsoring the applicant.

Yes, you can change employers while holding a Skilled Worker Visa. However, your new employer/sponsor must be willing to sponsor your skilled worker visa, and you may need to submit a new visa application to update it.

Yes, your job offer must meet the minimum salary threshold set by the UK government to switch to a Skilled Worker Visa category. The specific threshold depends on the occupation and other factors.

Yes, you can apply to switch to a skilled worker visa if your prospective employer is willing to apply for a sponsor licence to sponsor you under the skilled worker visa category. Our specialist team of skilled worker visa solicitors can provide a Priority Service for your prospective employer to get a sponsor licence within 10 working days. 

If the applicant is applying for permission to stay and has been in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.

If the applicant has been in the UK for less than 12 months on the date of application, either:

• the applicant must have funds of at least £1,270; or
• the sponsor must certify that they will, if necessary, maintain and accommodate the applicant up to the end of the first month of their employment, to an amount of at least £1,270.

Under the new points-based system, a Senior or Specialist Worker can switch to a Skilled Worker visa inside the UK. As specialist skilled worker visa solicitors, we can provide the required legal help and assistance with an application to switch from a Senior or Specialist Worker visa to a skilled worker visa. There is no cooling off period for switching from a  Senior or Specialist Worker visa to a Skilled Worker visa from inside the UK. Similarly, a person on a Senior or Specialist Worker Dependant visa can also switch to a Skilled Worker visa from inside the UK.

According to changes to the Immigration Rules introduced on 17 July 2023, a student switching into a skilled worker visa from inside the UK must fulfil one of the Conditions A, B or C below on the date of application:

Condition A:

• the applicant must have completed the course of study for which the Confirmation of Acceptance for Studies was assigned (or a course to which ST 27.3 of Appendix Student applies); or

Condition B:

• the applicant must be studying a full-time course of study at a degree level or above with a higher education provider which has a track record of compliance; and
• the Certificate of Sponsorship must have a start date no earlier than the course completion date; or

Condition C:

• the applicant must be studying a full-time course of study leading to the award of a PhD with a higher education provider which has a track record of compliance; and
• the Certificate of Sponsorship must have a start date no earlier than 24 months after the start date of that course.

You can switch to a skilled worker visa from inside the UK if you are currently in the UK on a spouse/partner visa as a spouse of a British citizen or settled person. You are also permitted to switch to a skilled worker visa from inside the UK if you are currently in the UK on a dependent visa as a dependent of a person with a work visa in the UK. It is very common for ICT dependants or Student dependants to switch to a Skilled Worker visa from inside the UK.

A person in the UK on a dependent partner visa can apply for switching to a Skilled Worker visa from inside the UK if you have a job offer for a skilled job from a UK employer holding a skilled worker sponsor licence.

If your prospective employer does not hold the sponsor licence, we can provide the required legal help and assistance with an application for a sponsor licence so that your employer can sponsor your leave to remain under the Skilled Worker visa category.

You cannot work part-time for your sponsor on a skilled worker visa. The job must be full-time, which means you should be sponsored to work for at least 30 hours per week. If you are sponsored to work for less than 30 hours per week, the Home Office, UKVI, may refuse your application for a skilled worker visa.

You can challenge the refusal of your skilled worker visa by filing an Administrative Review (AR) of the refusal decision. You should apply for an Administrative Review (AR) within 28 days if you applied for a skilled worker visa from outside the UK and within 14 days if you applied for a skilled worker visa from inside the UK. 

You should normally apply for an extension of your skilled worker visa within 28 days before the expiry of your current leave to enter or remain as a skilled worker. However, an early extension of your skilled worker visa is also possible, and you can apply for a skilled worker visa up to 3 months before the expiry of your current leave to enter or remain as a skilled worker. 

A ‘new entrant’ means a new entrant to the labour market, in other words someone who is near the start of their career, who meets certain criteria. It does not mean an applicant who is making their first Skilled Worker application or entering the UK for the first time.

A person can apply for a skilled worker visa as a new entrant in one of the following circumstances:

Applicant under the age of 26: An applicant can meet the new entrant criteria for the skilled worker visa application if the applicant is under 26 on the date of application.

Post-doctoral position: An applicant can meet the new entrant criteria for the skilled worker visa application if the applicant is sponsored for a post-doctoral position in one of the following occupations:

• 2111 Chemical scientists
• 2112 Biological scientists
• 2113 Biochemists and
• biomedical scientists
• 2114 Physical scientists
• 2115 Social and humanities scientists
• 2119 Natural and social science professionals not elsewhere classified 
• 2162 Other researchers, unspecified discipline 
• 2311 Higher education teaching professionals

Applicant working towards a recognised professional qualification in a UK-regulated profession: An applicant can meet new entrant criteria for the skilled worker visa application if the applicant is working towards a
recognised professional qualification in a UK-regulated profession. You can check the list of regulated professions online. 

The sponsor must confirm which recognised professional qualification the applicant is working towards – this must be a qualification accepted by the regulatory body for the profession.

Applicant working towards full registration or chartered status with the relevant professional body: An applicant can meet new entrant criteria for the skilled worker visa application if the applicant is working towards full registration or chartered status with the relevant professional body for the job they are sponsored for. The sponsor must confirm who the relevant professional body is and the applicant is working towards full registration or chartered status. You can check the list of chartered bodies from the Privy Council.

Applicant switching from student visa to Skilled Worker visa: An applicant can meet new entrant criteria for the skilled worker visa application if the applicant’s most recent permission, other than as a visitor, was under Tier 4 (General) or the Student route. The permission must either be current or have expired less than 2 years before the date of application.

In that permission (or previous) permission, the applicant must have been sponsored to study one of the following courses (not any other qualifications of an equivalent level):

• a UK bachelor’s degree
• a UK master’s degree
• a UK PhD or other doctoral qualification
• a Postgraduate Certificate in Education 
• a Professional Graduate Diploma of Education

The applicant must have completed (or be applying no more than 3 months before they are expected to complete) the course. An exception applies to PhDs and other doctoral Confirmation (from the applicant or
their sponsor) the applicant has completed (or the date they are expected to complete) their course, or they have completed at least 24 months’ study in the UK towards a PhD or other doctoral qualification.

Switching from the Graduate route to a Skilled Worker visa: An applicant can meet new entrant criteria for the skilled worker visa application if the applicant’s most recent permission, other than as a visitor, was under the Graduate route. The permission must either be current or have expired less than 2 years before the date of application.

4-year time limit when applying as a new entrant

Applicants can be new entrants for a maximum of 4 years. The 4 years includes time spent in any Tier 2 route, the Graduate route or as a Skilled Worker, whether or not that permission was for a continuous period. An applicant cannot be considered as a new entrant for only part of the time they are applying for.

If the applicant is applying for more than 4 years, or if granting the application would mean they would have more than 4 years’ permission in total (whether continuous or not) as a Tier 2 migrant and / or as a Skilled Worker, they cannot score tradeable points as a new entrant. They will need to score tradeable points in another way.

To be eligible for updating Skilled Worker visa/Tier 2 General visa, you should meet the following requirements:

• You must be in the UK with leave to remain as a Tier 2 General migrant or as a Skilled Worker;
• You must be either:
  • changing your job and your new job is with a different employer
  • changing your job to a different occupation code, and you are not in a graduate training programme
  • leaving a job that is on the shortage occupation list for a job that is not on the list
• You must score 50 points from mandatory non-tradeable points;
• You must score at least 20 points from tradeable points;
• If you have not lawfully lived in the UK for the last 12 months, you must meet the financial requirement by showing a balance of not less than £1270 maintained in your account for the last 28 days or your Skilled Worker sponsor has certified your maintenance in the Certificate of Sponsorship (CoS);
• meet the suitability criteria and not fall for refusal under the general grounds for refusal;

You must not be:

• in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
• on immigration bail.

The applicant must have spent a continuous period of 5 years in the UK, consisting of time with permission in any of, or any combination of, the following routes:

• Skilled Worker; or
• Global talent; or
• Innovator Founder; or
• T2 Minister of Religion; or
• International Sportsperson; or
• Representative of an Overseas Business; or
• as a Tier 1 Migrant, other than as a Tier 1 (Graduate Entrepreneur) Migrant; or
• Scale-up; or
• permission on any other route, during the time the applicant was waiting for a decision on their application as a Skilled Worker, provided that application:
  • was for permission to stay; and
  • was made between 24 January 2020 and 30 June 2021 (inclusive); and
  • was supported on the date of application by a certificate of sponsorship assigned by a licensed sponsor; and
  • was granted.

The most recent permission must have been in either the Skilled Worker or Tier 2 (General) route.