Skilled Worker Visa UK | Application Guidance
It is essential to have a thorough understanding of the eligibility requirements and application process for the Skilled Worker visa, regardless of whether you are an employer looking to hire a skilled worker from another country or an individual applying for a sponsorship visa. This will help you avoid any complications or delays that may arise with the Home-Office application. In the event that your application is not accepted, there will be no reimbursement of the fee.
Because the skilled worker and their sponsors have a lot riding on the outcome of the immigration process, it is absolutely necessary for them to seek the advice of a legal professional in order to ensure that they pursue the most advantageous course of action and are successful in obtaining the Skilled Worker visa.
Additionally, if you need to work in the United Kingdom for a short period of time or if it is something that you desire to accomplish, you may apply for a Temporary Skilled Worker Visa. Foreign citizens who want to visit the United Kingdom for a limited amount of time and work there are eligible to apply for a Temporary Skilled Worker Visa, which is a specialised kind of work visa. Applicants must fulfil a number of criteria in order to be eligible for the visa (up to 12 months).
When it comes to advising businesses and individuals on sponsorship for employment in the United Kingdom and applications for the Skilled Worker Visa London, the knowledgeable team at RD Laws has extensive experience and is well recognised for their expertise. RD Laws is also well known for the depth of their understanding in this area.
Under Points-Based Immigration System which allows employers to recruit people to work in the UK in a specific job in an eligible skilled occupation and applies to both:
- EU, EEA and Swiss citizens who arrived in the UK after 11pm on 31 December 2020; and
- non-EU, EEA and Swiss citizens who applied for entry clearance or permission to stay on or after 1 December 2020
The key characteristics of the Skilled Worker route are broadly the same, i.e. an applicant will need to be sponsored to do a specific job which meets the skill and salary requirements by an employer that has been licensed by the Home Office.
The Home Office defines a genuine vacancy as one which:
- requires the jobholder to perform the specific duties and responsibilities for the job and meets all of the requirements of the relevant route
- does not include dissimilar and/or predominantly lower-skilled duties
- is appropriate to the business in light of its business model, business plan and scale
It is therefore important that the job description accurately reflects the requirements of the role, and that the applicant’s qualifications, skills and experience meet the selection criteria as detailed within it.
To be eligible for a Skilled Worker Visa, the applicant must score a minimum of 70 points in total. This includes 50 points for mandatory or ‘non-tradeable’ criteria, and 20 points for ‘tradeable’ criteria.
An applicant must meet the following mandatory criteria to score 50 points:
||Offer of a job from an approved sponsor accompanied by a Certificate of Sponsorship
|Job at an appropriate skill level (RQF Level 3 and above)
||The job must be in an eligible occupation code
||At Level B1 or higher. Applicants can evidence these skills by meeting one of the requirements listed here
In addition to scoring 50 points for the above criteria, the applicant must score a further 20 ‘tradeable’ points based on:
- their salary; and
- other criteria if necessary and applicable (i.e. relevant academic qualifications held by them, being sponsored to work in a shortage occupation or an eligible health or education occupation, or because they are a ‘new entrant’ to the UK’s labour market)
To assist recruiting managers and applicants to determine whether a role is likely to be sponsorable (taking into account the minimum skill and salary threshold requirements and other tradeable characteristics) we have developed the following guidance on sponsorable roles at the University.
If the applicant is applying for entry clearance from outside the UK or has been in the UK for less than one year at the date of application, they must show they have enough funds to support themselves and any family members in the UK.
The criminal records certificate requirement
If the applicant is applying for entry clearance and is being sponsored for a job in any of the occupation codes listed here, they must provide a criminal record certificate from the relevant authority in any country in which they have been present for 12 months or more (whether continuously or in total) in the past 10 years, while aged 18 or over.
Skilled workers can bring their family members (partner and children) to the UK and can apply to settle in the UK after 5 years’ continuous lawful residence.
The visa will be subject to all of the following conditions:
- no access to public funds
- work is permitted only in the job the applicant is being sponsored for
- supplementary employment is permitted, providing the person continues to work in the job for which they are being sponsored
- voluntary work is permitted
The Skilled Worker Visa is a sponsored route into the UK and individuals holding this visa (or a Tier 2 (General) Visa) will still be subject to the University’s sponsor and compliance duties.