Skilled Worker visa with a sponsor licence employer

Skilled Worker visa with a sponsor licence employer

Sanwar Ali workpermit.com

Skilled Worker visa guide sections (formerly Tier 2 visa):

• Overview of the Skilled Worker Visa
  • Salary Thresholds
  • Visa Application Requirements
  • Operational Changes and Processing Times
• Other Visa Categories
  • Global Business Mobility Visa – Senior or Specialist Worker
  • Global Talent Visa
  • Expansion Worker Visa
• What is the permitted length of stay?
  • Extensions and Indefinite Leave to Remain
  • Continuous Extensions
• What are the financial requirements?
• Salary requirements
  • New Entrant Salary Rate
  • Standard Salary Rate
  • PhD Level Occupations and Immigration Salary List (ISL)
  • Medical-related Occupations
  • Skill Level and Points System
  • Minimum Hourly Rate
  • Entry Clearance for Overseas Applicants
• English language requirements
  • English language exceptions based on nationality
• New or additional employment
• Family of Skilled Worker Visa migrants
• Further Information, Help, and Advice

Overview of the Skilled Worker Visa

The Skilled Worker visa, formerly known as the Tier 2 visa, is the primary route for skilled workers with a job offer to enter the UK for employment. This visa category replaced the Tier 2 General visa and introduced more flexible requirements for applicants. The UK Government of Rishi Sunak, to try and reduce levels of immigration substantially increased the salary requirements on 4 April 2024.

Salary Thresholds

• General Threshold: As of 4 April, 2024, the minimum salary for most Skilled Worker visa applicants has increased to £38,700 per year or the going rate for the role, whichever is higher. Exceptions apply to certain roles in health and education, positions on the Immigration Salary List, and cases eligible for transitional arrangements.
• New Entrants: The minimum salary for new entrants, including those under 26, recent graduates, or those in professional training, is set at £30,960 per year or 70% of the going rate, whichever is higher.
• Transitional Arrangements: For those extending their visa or changing employers before April 4, 2030, the minimum salary is £29,000 or the going rate, whichever is higher.

Visa Application Requirements

• Certificate of Sponsorship: Applicants must have a job offer and a certificate of sponsorship from a UK employer holding a valid sponsor license.
• Points System: Salary varies depending on the points system, which accounts for the going rate and whether the occupation is listed on the Immigration Salary List. The hourly rate must also meet the minimum requirements for each occupation code.

Operational Changes and Processing Times

• Streamlined Processing: The current Skilled Worker visa route allows for faster processing in many cases, with Defined Certificates of Sponsorship (relevant for applicants living overseas) sometimes issued within a day, unlike the previous system under the Tier 2 General visa which had a quota, monthly meetings and longer waiting times.
• Home Office Inquiries: Although quicker in many cases, the Home Office may still raise queries before issuing a Certificate of Sponsorship, which could delay issuance by some weeks.

Other Visa Categories

Global Business Mobility Visa – Senior or Specialist Worker

The Senior or Specialist Worker visa has replaced the previous Intra-Company Transfer Visa. It is designed for multinational companies to transfer established employees to the UK branch for specific roles that cannot be filled by the local job market. This route is ideal for senior managers or specialist employees who need to undertake long-term roles in the UK office.

Global Talent Visa

The Global Talent visa caters to individuals recognised as leaders or emerging leaders in specific fields such as science, engineering, humanities, and the arts, similar to the previous Tier 1 Exceptional Talent visa. It allows for a more flexible approach to immigration for top talents who can contribute uniquely to the UK's cultural or economic growth.

Expansion Worker Visa

Replacing the Sole Representative of an Overseas Business visa, the Expansion Worker Visa is part of the Global Business Mobility route. It is designed for overseas businesses planning to establish a presence in the UK by sending a senior manager or specialist employee. This visa facilitates the expansion of the business while ensuring the employee can oversee the establishment of the company's UK branch or subsidiary.

What is the permitted length of stay?

Permitted Length of Stay on a Skilled Worker Visa

The Skilled Worker visa allows individuals to apply initially in the UK for up to 5 years. Applicants can choose any duration for their visa up to this maximum, depending on the period in the certificate of sponsorship issued by the employer with a sponsor licence. While there is no statutory maximum period for staying in the UK under this category, most visa holders opt to apply for indefinite leave to remain (ILR) towards the end of 5 years of residence in the UK.

Extensions and Indefinite Leave to Remain

• If the initial visa duration is less than five years, holders may apply for extensions to reach the necessary five-year period required for ILR.
• Applicants can file for ILR 28 days before they complete the five-year period, provided they meet the salary and other residence requirements.
• As an alternative to applying for ILR, visa holders can continue to extend their Skilled Worker visa indefinitely, as long as they meet the ongoing eligibility criteria.

Changes to Indefinite Leave to Remain (ILR) Requirements

The salary requirements for Skilled Workers applying for Indefinite Leave to Remain (ILR) have been updated:

1. As of 4 April 2024, the minimum general salary for indefinite leave to remain (ILR) applicants in many cases is £38,700 per year or the going rate for their occupation code, whichever is higher. There are some concessions in certain circumstances.
2. Transitional arrangements are in place for Skilled Workers who made their initial application with a Certificate of Sponsorship (CoS) issued before 4 April 2024 and have continuously held permission as a Skilled Worker or Tier 2 visa. These applicants must be paid at least £29,000 or the going rate (set at the 25th percentile under tradeable points option F), whichever is higher. These arrangements are expected to continue until 3 April 2030.
3. Other exceptions to the new salary threshold for ILR include:

• If the applicant's last role was on the immigration skills list (ISL), the minimum salary is £30,960 per year or the going rate, whichever is higher.
• If the applicant was last sponsored in a job on the ISL, the previous Shortage Occupation List, or in a health or education job on a 2020 occupation list, the minimum salary is £23,200 per year or the going rate.
• If the qualifying period for settlement includes time as a Tier 2 (General) Migrant in certain occupation codes, the minimum salary is £23,200 per year or the relevant going rate under transitional rules.

Continuous Extensions:

• For those not yet eligible or opting not to apply for ILR, there is the possibility to extend the Skilled Worker visa multiple times. This flexibility allows individuals to remain in the UK as long as they continue to meet the eligibility criteria set forth by the Home Office.

What are the financial requirements?

In many cases, the Skilled Worker sponsor licence employer will certify maintenance for both the Skilled Worker and family members, which will meet the financial requirement.  The employer is liable for a maximum of £1,270 for the first month of employment.  Most employers are "A rated" and are allowed to do this.  Alternatively, Skilled Worker visa applicants as well as Senior or Specialist worker visa applicants (formerly Intra-company transfer visa) must show that they have funds of at least £1,270, and have had this money continuously for a 28 day period ending no more than 31 days before the date of the Skilled Worker visa application

Salary requirements

The job stated on a certificate of sponsorship must meet the following salary and points requirements:

New Entrant Salary Rate

• Eligibility: This rate is for individuals under 26 years of age, those who have recently graduated in the UK, or are within three months of completing a degree or twelve months of a PhD.
• Rate: The minimum salary is set at £30,960 annually or 70% of the going rate for the job, whichever is higher.

Standard Salary Rate

• Eligibility: Applicants 26 years of age or older who do not qualify under new entrant or other specific exemptions, such as having a PhD or being listed on the Immigration Salary List (ISL).
• Rate: They must be paid at least £38,700 or the going rate for their occupation, according to the latest standards.

PhD Level Occupations and Immigration Salary List (ISL)

• Eligibility: For individuals whose occupation is listed on the ISL or who possess a relevant PhD, potentially qualifying for lower salary requirements.
• Rate: These individuals may be eligible for salary requirements below the standard threshold but not less than the new entrant rate.

Medical-related Occupations

• Details: Occupations tied to the NHS typically align with NHS bandings; if the NHS banding is higher than the Skilled Worker visa minimum, the banding salary must be met.

Skill Level and Points System

• Details: The Skilled Worker visa requires a minimum skill level (RQF Level 3) compared to the previous Tier 2 General visa. Applicants should review the points system carefully to ensure they gain enough points.

Minimum Hourly Rate

• Details: If the salary is close to the minimum hourly rate required, this must be considered as well. Further details of the minimum hourly rate are found in the going rates for eligible occupation codes. The number of hours mentioned excludes lunch breaks. If the hourly rate is lower than the minimum required, then the Skilled Worker visa application is likely to be refused.

Entry Clearance for Overseas Applicants

• Details: For those currently based outside the UK and needing to apply for UK entry clearance, or for those in visa categories such as the Youth Mobility Scheme requiring them to apply for Skilled Worker visa entry clearance, a defined Certificate of Sponsorship (CoS) is necessary. Since December 1, 2020, there is no longer a quota for Skilled Worker visas for those who need to apply for visas from outside the UK.

There are salary exceptions for certain groups, workers whose previous OR current permission to enter the UK fall under the following categories have different salary rules:

• Religious workers, including ministers, missionaries, and religious order members.

• You are being paid at least at NHS Band 3 and are sponsored as a pre-registration nurse or midwife.

English language requirements

There are specific English language requirements to come under the Skilled Worker visa category.  It is interesting to note that there are no English language requirements for the Intra-Company Transfer visa scheme.  Those who are already in the UK and are applying from within the UK are more likely to have already met the English language requirement. However, even for applicants applying from within the UK, care needs to be taken to make sure that an applicant meets the English language requirements. Nationals of majority English speaking countries on the list below already meet the English language requirements.

Some people will need to take an English language test. Please note that, where relevant, tests by IELTS or other organisations must be the UKVI version of the test.  If it is not the correct version of the English language test the Skilled Worker visa application will be refused.

In most cases you will meet the English language requirements in one of the following ways:

• By passing an approved English language test with at least CEFR level B1 in reading, writing, speaking and listening.  If you have an IELTS English language test certificate then it must mention UKVI in the certificate. Any test taken with any test provider must be the UKVI version of the test.
• By having an academic qualification that was taught in English and is recognised by UK NARIC as being equivalent to a UK bachelor’s degree, master’s degree or PhD.  It should be noted that some degrees awarded outside the UK are not considered to be equivalent to a UK degree.  You will need to apply to UK NARIC for an evaluation.
• By being a national of a majority English speaking country on the list.
• By having met the relevant English language requirements in a previous UK visa application.
   

English language exceptions based on nationality

If you are a national of a majority English speaking country on the list below then you meet the English language requirements:

• Antigua and Barbuda
• Australia
• the Bahamas
• Barbados
• Belize
• Canada
• Dominica
• Grenada
• Guyana
• Jamaica
• New Zealand
• St Kitts and Nevis
• St Lucia
• St Vincent and the Grenadines
• Trinidad and Tobago
• USA

If you have in the past met the English language requirements for a UK visa category you will most likely not need to take another English language test.

New or additional employment

Skilled Workers on this visa who wish to leave their job and work for a new employer will need to update their Skilled Worker visa.  The new employer will need a Sponsor Licence and will need to make sure that the new employee gains enough points under the points system.  Skilled Worker visa holders are free to work for an additional 20 hours per week in the following circumstances:

• In another job on the shortage occupation list or a job in the same sector and at the same professional level as the work for which the Certificate of Sponsorship (CoS) was assigned.

• Outside the working hours covered by the CoS for the Skilled Worker visa.

Family of Skilled Worker visa migrants

It is usually quite straightforward for partners and children to apply for entry or to stay, for the same period as the Skilled Worker visa migrant.  

Your dependant partner or child needs to meet the following requirements:

• Husband, wife, civil partner or unmarried partner
• Child under 18 - If you are in the UK this includes children born in the UK
• Child over 18 if already in the UK as your dependant

You will need to provide evidence of the relationship.   

For Chidren 16 years or over the following requirements also need to be met:

• Usually, live with you.  The exception is if in full-time education at boarding school, college or university.
• Not be married, in a civil partnership or have any children
• Financially supported by you

If you need to prove that your child lives with you, documents that can be provided include the following:

• bank statement
• credit card bills
• driving licence
• NHS registration document
• an official letter from the child's university or college

Probably many employers will guarantee maintenance, so meeting the financial requirements.

Further information, help, and advice

Workpermit.com's team of specialists has over thirty years of experience in international visa services, and have helped thousands of people to study and work in the UK. We work in conjunction with OISC registered advisers who can submit your UK sponsor licence application and visa application to UK Visas and Immigration at the Home Office. 

For more information and advice on UK immigration law and UK visa applications please contact us on 0344 991 9222 or at london@workpermit.com