Skilled Worker Visa

Skilled Worker Visa

The newly renamed Skilled Worker (SW) visa, replacing the Tier 2 General, allows employers to hire overseas workers to work and stay in the UK. Post 1 January 2021 the requirements for applicants have changed greatly. The UK has now implemented a points-based immigration system for all EU and non-EU nationals. It is vital to understand, whether you are an applicant or an employer, that you understand the new rules as this will provide for a successful outcome. 

The New Changes. 

As of 1 January 2021, the new changes are as follows. 

• The skill level required for sponsorship has changed from RQF 6 to RQF 3 (school leave and above) allowing companies to have the option to put more roles up for sponsorship.
• The Resident Labour Market test is no longer required. However, despite the removal, the Home Office can still question the sponsor and ask for more information regarding the role whereby the sponsorship application can be approved or denied. 
• The six year limit on visas have been removed. Individuals on a Skilled Worker visa can now extend their visa for as long as is necessary, provided their employment be continued. 
• After 5 consecutive years of employment, individuals on the Skilled Worker visa can apply for indefinite leave to remain (ILR), provided the applicant meets all the requirements necessary for an ILR. 
• There is no longer a 12-month “cooling off” period. 
• The restriction on the amount of shares an applicant can hold in the sponsoring company has been removed. The applicant can now hold as many as they like. 
• The salary threshold for experienced workers has been reduced to £25,600 a year or the “going rate” salary for the role, whichever is higher. There can be a lower salary threshold of £20,480 if the job is on the Shortage Occupation list or is at PhD level. 
• All individuals wishing to come to the UK under a Skilled Workers visa will need 70 points under the points-based immigration system to be able to work in the UK. 
• The applicant must hold a minimum of £1,270 for 28 consecutive days prior to the visa application and will need to provide evidence of this, unless the applicant has been in the UK for 12 months with a lawful status.

For help with your visa application, please contact us here. 

What are the Skilled Worker requirements and what is the points-based system? 

The points-based system was designed and implemented as a way to regulate immigration in the UK. It was initially for non-EEA nationals but is now used on all EU and non-EU citizens, excluding Irish nationals. All applicants looking to work in the UK must meet a set of requirements and obtain a minimum of 70 points to be visa eligible.

Any EU , EEA or Swiss citizens already living in the UK before 1 January 2021 will be able to apply for the EU Settlement Scheme to keep living in the UK. This must be done by 30 June 2021. You’ll either get settled or pre-settled status if your application is successful. 

The points for each requirement are as follows:

Requirement	Points	Mandatory or Tradeable
A job offer from an approved sponsor	20	Mandatory
Job is at skill level RQF 3	20	Mandatory
Speaks English at level B1	10	Mandatory
Salary of £20,480 to £23,039 or at least 80% of the “going rate” (whichever is higher)	0	Tradeable
Salary of £23,040 to £25,599 or at least 90% of the “going rate” (whichever is higher)	10	Tradeable
Salary of £25,600 or above or at least the “going rate” (whichever is higher)	20	Tradeable
Job is in a shortage occupation as designated by the Migration Advisory Committee	20	Tradeable
Education qualification: PhD in a subject relevant to the job	10	Tradeable
Education qualification: PhD in a STEM subject relevant to the job	20	Tradeable

For help on your Skilled Worker visa application, please feel free to contact us here.  

Skilled Worker visa and Certificate of Sponsorship

In order to obtain a Skilled Worker visa, the applicant must first have a certificate of sponsorship assigned to them from their sponsor. There are two types of CoS’: defined and undefined. Employers with a sponsorship license should apply for a defined CoS for long-term employment under a Skilled Worker visa. Please note that sponsors will need to supply specific details of the role as well as the salary. 

For more information on sponsorships, please see the Tier 2 CoS and Tier 2 Sponsorship Licenses. 

How we can help

At NA Law Solicitors we provide thorough guidance and advice to ensure that your application is prepared to the highest degree with attention paid to every detail in order to avoid refusal and warrant a successful outcome. Please contact us here for a consultation or call us on 0203 5245439