Skilled Worker VISA

Skilled Worker Visa

The Skilled Worker visa, which replaced the Tier 2 (General) visa, is the main UK work visa for skilled overseas nationals.

Whether you are an employer looking to hire a skilled worker from overseas or are an individual applying for a sponsored work visa, it will be important to understand the Skilled Worker visa eligibility and application requirements to avoid issues or delays with the Home Office application. A refused applicationwill result in the loss of the application fee and the time spent making the application.

For skilled workers and their sponsors, with so much at stake, it is important to seek legal advice to understand the immigration options available and that the Skilled Worker visa is the most appropriate route.

The UK immigration system has been subject to significant reforms post-Brexit, with many varied work visa options now available to different types of workers in different roles and industries. This makes it ciritcal to ensure the Skilled Worker is the best route in the circumstances.

As specialist UK immigration lawyers, we bring substantial experience and recognised expertise in advising employers and workers on UK employment sponsorship and the Skilled Worker visa application. For specialist immigration advice, contact us.

What is the Skilled Worker Visa?

The Skilled Worker visa allows employers to sponsor non-UK nationals to work in the UK in eligible, skilled roles.

The visa is open to individuals who attain 70 points by meeting specificeligibility requirements such as skill and salary level, English language ability and having a qualifying job offer from a UK employer with a valid sponsorship licence.

The Skilled Worker visa makes provision for spouses, ‘durable’ partners and dependent children to apply to join the main visa applicant in the UK as Skilled Worker dependants.

The Skilled Worker visa is granted for up to five years, after which, the worker can become eligible to apply for UK Indefinite Leave to Remain.

What are the Skilled Worker visa requirements?

The rules and requirements for the Skilled Worker visa route are set out in a new Appendix Skilled Worker.

Applicants will need to accrue a total of 70 points to be eligible for a Skilled Worker visa.

The applicable 70 points threshold for a Skilled Worker visa is made up of 50 points for mandatory or ‘non-tradeable’ criteria (ie; the job offer, speaking English and the requisite skill level for the job on offer), and 20 points for what are classed as ‘tradeable’ criteria.

Skilled worker requirement Points Mandatory or tradeable?

A genuine job offer from a licensed sponsor20 points Mandatory

Speak English to the required standard10 points Mandatory

Job offer is at a skill level of RQF3 or above20 points Mandatory

Salary of at least £20,960 or at least 80% of the going rate for the profession (whichever is higher)0 pointsTradeable

Salary of at least £23,580 or at least 90% of the going rate for the profession (whichever is higher)10 points Tradeable

Salary of £26,200 or above or at least the going rate for the profession (whichever is higher)20 points Tradeable

Job in a shortage occupation as designated by the Migration Advisory Committee20 pointsTradeable

Education qualification: PhD in a subject relevant to the job10 points Tradeable

Education qualification: PhD in a STEM subject relevant to the job20 pointsTradeable

Increase in skilled worker minimum salary from Spring 2024

Following a government announcement in December 2023, the minimum salary threshold for a skilled worker application will rise by nearly 50% from £26,200 to £38,700 – which is more than double the UK minimum wage rate.

Health and care workers, and roles such as teachers with national pay scales, will be exempt from the increased threshold.

In addition, the changes announced also include the removal of the 20% salary discount for shortage occupation roles.

We will update with more information once available about when the new threshold will take effect.

Where, when, how to apply

The Skilled Worker route has important conditions relating to where and when you can apply. Read through this guidance carefully so that you understand how to apply appropriately.

Where to apply

You can apply overseas or in the UK. Employers have different requirements to meet for the Skilled Worker route if they are recruiting from overseas. If you have any questions how this may affect you, please contact your sponsoring organisation.

When to apply

If you are looking to apply for a Skilled Worker visa from outside the UK, you can apply as soon as you have received your job offer, you meet the requirements, and you have received your Certificate of Sponsorship (CoS) from your employer.

If you are hoping to apply as a new entrant from overseas, you can:

Apply no more than 2 years after your Student or Graduate visa has expired (you must not have held any other immigration permission for the UK other than a Visitor after expiry)
Apply after you have completed 12 months towards a UK PhD on your Student immigration permission
Apply within 2 years of completing 12 months of study towards a UK PhD on Student immigration permission

If you are looking to switch to the Skilled Worker visa whilst you are in the UK, your application timeline will vary. The absolute deadline for applying in the UK to switch into the Skilled Worker route is the expiry date of your current permission, but it is important you are aware of the specific deadlines for your personal circumstances. The options for when you are able to switch to a Skilled Worker visa in the UK are mainly based on the type of study you are undertaking:

If you are studying for a UK bachelor's/UK master's/PGCE/PGDE

You can apply once your course of study is complete
You can apply within 3 months of completing your course, but only if the start date on your CoS is after your course completion date (this is only applicable to those studying at a higher education providers with a track record of compliance)