Skilled visa

The Skilled Worker route replaces the Tier 2 (General) route and is for European Economic Area (EEA) nationals (arriving from 1 January 2021) and non-EEA nationals who are sponsored to do a specific skilled job for a Home Office licensed sponsor.

Dependent partners and children can apply on this route. Existing Tier 2 (General) workers can apply for extensions, changes of employment and settlement under the Skilled Worker route.

You can also apply for settlement in the UK.

We understand that the Skilled Worker visa applications can be complex and using the services of an immigration expert are highly recommended. We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. You will need to ensure that you meet all of the mandatory requirements before you apply. You will need to complete the relevant forms and collate your evidence for submission.

UK Skilled Worker route visa: Initial and extension application eligibility requirements:

To qualify for Skilled Worker route visa, you must satisfy the following UK Visas and Immigration requirements:

• You are at least 18 years old at the date of the application
• You must have a certificate of sponsorship (CoS) assigned no more than 3 months before the date of application
• The sponsor must hold a valid Skilled Worker sponsor licence
• The sponsor must have paid any Immigration Skills Charge (ISC) which applies to the application
• The job you are being sponsored to do must be a genuine vacancy
• Meet the relevant immigration status requirement
• Must not be in the UK in breach of immigration laws
• Must not fall for refusal under the general grounds for refusal
• Must provide a valid TB certificate with the application from outside the UK

Skill level requirement for Skilled Workers:

Skilled Worker is a points-based category, and an applicant is required to obtain 50 mandatory points, and 20 ‘tradeable’ points (which relate to salary).

The mandatory points are as follows:

• sponsorship: 20 points
• job at an appropriate skill level: 20 points
• English language skills at level B1 (intermediate): 10 points

How to assess salaries for Skilled Workers:

The general threshold is the minimum salary which applies regardless of your occupation code. This may be £25,600, £23,040, £20,800 or £20,480, depending on the tradeable points option.

The general threshold is the same, regardless of how many hours a week you are sponsored to work. It cannot be pro-rated for part-time work

When you can be paid less:

You might still be able to apply for a Skilled Worker visa if your job is eligible but your salary is less than £25,600 or your job’s usual ‘going rate’.

You can be paid between 70% and 90% of the usual going rate for your job if your salary is at least £20,480 per year and you meet one of the following criteria:

• your job is in a shortage occupation
• you’re under 26, studying or a recent graduate, or in professional training
• you have a science, technology, engineering or maths (STEM) PhD level qualification that’s relevant to your job (if you have a relevant PhD level qualification in any other subject your salary must be at least £23,040)
• you have a postdoctoral position in science or higher education

If you work in healthcare or education:

There are different salary rules if you work in some healthcare or education jobs. The ‘going rates’ for these jobs are based on the national pay scales set by the relevant independent body, for example the NHS.

If your job is on the shortage occupation list:

You and your family will pay a lower application fee if your job is in a shortage occupation.

Can you bring family members under the UK Skilled Worker route:

As UK Skilled Worker visa holder, you have the right to bring your dependents to the UK. A dependant can be your spouse, civil partner or unmarried partner, child under 18.

English language requirement for UK Skilled Worker visa:

You must have at least a B1 level of English language ability, as defined in the Council of Europe’s common European framework for language and learn.

Financial requirement for UK Skilled Worker visa:

The maintenance requirement is now called the financial requirement, and can be met in three ways, as detailed below:

• Where you are applying for permission to stay and has been in the UK with permission for at least 12 months at the date of application
• If the sponsor is rated A, A (Premium) or A (SME+) it can certify maintenance for you or
• You must provide evidence such as bank statements to show that you have held £1,270 for a continuous 28-day period. Where dependants are applying at the same time, the relevant amount will rise by:
  • £285 for a dependent partner
  • £315 for the first dependent child
  • £200 for any other dependent chi

Settlement application/ Indefinite leave to remain under the Skilled Worker route:

You 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
• Tier 2 (General)
• Global Talent
• Innovator
• T2 Minister of Religion / Tier 2 (Minister of Religion)
• T2 Sportsperson / Tier 2 (Sportsperson)
• Representative of an Overseas Business
• Tier 1 (Exceptional Talent)
• Tier 1 (Entrepreneur)
• Tier 1 (Investor)
• Tier 1 (General)

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

What happens if your UK Skilled Worker visa application is refused:

Should you fail to meet the requirements, it is likely that any future applications for temporary migration (such as a visit visa) will be subjected to greater scrutiny.

At Aaryan Solicitors, team of our immigration law specialists’ can advise you on the merits of making a fresh application and/or challenging the decision by way of process called Administrative Review. If the application was submitted from outside the UK (entry clearance), then you will have 28 days but in all other cases 14 days from the date of service of the decision to lodge Administrative Review.

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