Skilled Worker VISA

Skilled Worker Visa Overview

The UK Skilled Worker Visa, previously known as the Tier 2 General Visa, allows skilled migrants (foreign nationals excluding British and Irish citizens) to work in the UK in eligible roles with a Home Office-approved employer. To qualify for this visa, you must have a job offer from a UK employer with a valid sponsor licence and meet the updated eligibility criteria.

Key Changes Effective from 4 April 2024:

1. Increased Salary Thresholds: The minimum salary requirement for new applicants has been raised from £26,200 to £38,700 per year. New applicants must now earn at least £38,700 annually, or the “going rate” for their occupation, whichever is higher.
2. Transitional Arrangements: If you were granted a Skilled Worker visa before 4 April 2024, you benefit from transitional provisions allowing you to extend your visa under the previous salary thresholds. However, these thresholds have been increased to £29,000 per year to adjust for inflation. This transitional arrangement will remain in place until 4 April 2030, provided you continue working in the same role and with the same employer.
3. Eligibility Requirements: Besides meeting the new salary thresholds, your job must be listed under the eligible occupation codes, and you must obtain a Certificate of Sponsorship (CoS) from your UK employer. You must also pass the Points-Based System (PBS) test, which evaluates your qualifications, work experience, and English language proficiency.
4. Immigration Salary List (ISL): The Shortage Occupation List has been replaced by the Immigration Salary List (ISL) from 4 April 2024. This new list has fewer roles eligible for sponsorship at reduced salary thresholds, impacting sectors like IT and engineering that previously benefited from lower requirements.

This visa route can potentially lead to settlement in the UK, and applicants are allowed to bring their dependent partners and children with them. The Skilled Worker Visa remains a critical pathway for skilled migrants looking to work and live in the UK, though the new changes make it imperative for both employers and applicants to carefully assess their eligibility under the updated rules.

Eligibility: Skilled Worker Route

To secure a Skilled Worker visa and work permit in the UK, it is essential to meet the minimum eligibility criteria as outlined by the Home Office. 

You must fulfil the following conditions:

1. Job Offer from an Approved UK Employer: You must have a confirmed job offer from a UK employer who holds a valid Sponsor Licence. This ensures that the employer is authorised to sponsor foreign workers under the Skilled Worker route.
2. Certificate of Sponsorship (CoS): Your job offer must be supported by a Certificate of Sponsorship, issued by your approved employer. The CoS is a key document that outlines details about your job and your employment in the UK.
3. English Language Proficiency: You need to demonstrate your English language ability at a minimum of CEFR Level B1 (equivalent to IELTS 4.0). This is a mandatory requirement to ensure you can effectively communicate and work in the UK.
4. Eligible Occupation: The job you are being offered must be listed under the eligible occupation codes (SOC 2020). The occupation must meet the required skill level, which is typically RQF Level 3 (equivalent to A-levels) or above.
5. Salary Requirements: Your job offer must meet the minimum salary criteria, which are:
   • A minimum of £38,700 per annum; or
   • The ‘going rate’ for the specific job you are doing, as outlined by the relevant SOC code; or
   • A minimum hourly rate, adjusted according to your specific occupation, which is typically higher than £10.10 per hour.
6. Special provisions allow for lower salary thresholds in certain cases, such as if you are a new entrant to the labour market, hold a relevant PhD, or are in an occupation listed on the Immigration Salary List.
7. Immigration Skills Charge: Your sponsor must pay the applicable Immigration Skills Charge, unless exempt, which helps fund training and apprenticeship schemes for UK residents.
8. Financial Maintenance: You must show that you can financially support yourself in the UK without recourse to public funds. Generally, this means having at least £1,270 in your bank account for 28 consecutive days before applying.
9. Criminal Record and TB Certificates: Depending on your country of origin and the nature of your job, you may need to provide a criminal record certificate and a tuberculosis (TB) test certificate.

At Axis Solicitors, our experienced team is here to guide you through the Skilled Worker visa application process. We work closely with you to enhance the strength of your application, ensuring a timely and favourable decision from the Home Office.

Job Requirements: Skilled Worker Route

1. Occupation Code: Your job must have a specific UK job reference number, known as the Standard Occupational Classification (SOC) code. Your employer is responsible for providing this code when you receive a job offer. It is crucial to ensure that the SOC code is correct, as using an incorrect code can lead to visa refusal.
2. Eligible Job: The job you are offered must meet the Skilled Worker Visa requirements, meaning it must be on the list of eligible occupations as defined by the Home Office and meet the required skill level.
3. Approved UK Sponsor: Your employer must hold a valid Sponsor Licence approved by the Home Office and must issue you a Certificate of Sponsorship (CoS). This is a crucial part of the visa application process.
4. Salary Requirements:
   • The minimum salary requirement is now £38,700 per year or the ‘going rate’ for the specific job you are doing, whichever is higher.
   • The ‘going rate’ varies by occupation, and it is essential to check the specific rate for your SOC code. Employers and applicants can verify these rates online.
   • For certain roles, particularly in healthcare or academic sectors, the salary requirements may differ. Jobs regulated by national pay scales, such as many in the healthcare sector, may have lower thresholds, with some roles starting at £30,960 or even lower for new entrants or specific categories.
5. Special Provisions: The Immigration Salary List (ISL), which replaced the Shortage Occupation List from April 2024, includes roles that are eligible for a reduced general salary threshold of £30,960. However, these roles will not benefit from the previous 20% discount on the going rate.

These requirements ensure that you meet the Home Office standards for the Skilled Worker Visa, and it is advisable to consult with an immigration expert to ensure compliance with all aspects of the application process.

Application Fees

For 2024, the costs associated with applying for a UK Skilled Worker Visa have seen some adjustments.

• Applying from outside the UK:
  • For a visa lasting up to 3 years: £719 per person
  • For a visa lasting more than 3 years: £1,420 per person
• Applying from inside the UK (for extensions, switching, or updates):
  • For a visa lasting up to 3 years: £827 per person
  • For a visa lasting more than 3 years: £1,636 per person

Reduced Fees for Jobs on the Immigration Salary List

If your job is listed on the Immigration Salary List, you and your family members are eligible for a lower application fee:

• £551 for each person applying if staying for up to 3 years
• £1,084 for each person applying if staying for more than 3 years

These reduced fees apply whether you’re applying from inside or outside the UK.

Healthcare Surcharge

In addition to the visa application fee, you will need to pay the healthcare surcharge, which is typically £1,035 per year of your stay. Be sure to calculate the total surcharge based on the length of your visa before applying.

For the most accurate guidance, consult with one of our immigration solicitors.

Dependants: Skilled Worker Route

Your partner and children can apply to join you in the UK as dependants under the Skilled Worker visa. Each family member needs to submit a separate application. Their visas will typically end on the same date as yours.

Eligible Dependants

• Partner: Your spouse, civil partner, or unmarried partner if you have lived together for at least 2 years.
• Children:
  • Under 18, including those born in the UK during your stay.
  • Over 18 if they are already in the UK as your dependant.

Financial Requirements 

You must show that you have enough funds to support your dependants. 

The required amounts are:

• £285 for your partner,
• £315 for one child,
• £200 for each additional child. 

These funds must have been in your account for at least 28 days before applying.

Special Cases

If you are a care worker or senior care worker, your partner and children can only join you if you were on a Skilled Worker visa before 11 March 2024 and meet specific conditions.

Application Process

• Each dependant needs to prove their relationship to you and provide biometric information.
• If they apply separately, they must use your application number or a family linking code.

Identity Verification

• Dependants will need to verify their identity either through a visa application centre or the ‘UK Immigration: ID Check’ app.

Decision Timeline

• Typically, decisions are made within 3-8 weeks, depending on whether the application is made from inside or outside the UK.

Skilled Worker Visa Extension

You can extend your Skilled Worker visa for a maximum of 5 years at a time, and there is no limit on the number of extensions you can apply for, provided you continue to meet the eligibility criteria. It is crucial to apply for an extension before your current visa expires.

Key Requirements for Extension:

1. Employment Consistency: You must still be working for the same employer who sponsored your initial visa, and your job must continue to fall under the same occupation code. If your role, job duties, or occupation code has changed, you may need to apply for a new visa instead of an extension.

2. Salary Requirements: The salary you receive must meet the minimum threshold, which depends on when your Certificate of Sponsorship (CoS) was issued. For CoS issued before 4 April 2024, the minimum salary is £29,000 per year or the going rate for your occupation, whichever is higher. For CoS issued after 4 April 2024, the new minimum salary requirement is £38,700 per year.

3. Family Members: Your dependants, including your partner and children, can also apply to extend their stay in the UK with you. They must submit separate applications and provide necessary supporting documents. If your partner or children have different visa expiry dates, the child’s visa will end on the earlier date.

4. Changing Jobs: If you change jobs, especially to one with a different occupation code, you must apply to update your visa rather than extend it. This also applies if you move to a different employer.

Skilled Worker Visa Extensions and ILR

The Skilled Worker visa can be extended multiple times as long as you meet the eligibility criteria. Remember, the minimum salary requirement increased to £38,700 per year on April 4, 2024.

However, if you received your Skilled Worker visa before April 4, 2024, there are more favourable rules for you regarding the salary requirement, when it is time to extend your visa.

Transitional Arrangements:

• Lower Salary Threshold: You can still renew your visa even if your salary does not meet the new, higher minimum.
• Inflation Adjustment: The minimum salary for extensions under these special rules is now £29,000 per year.
• Expiration Date: These special rules are valid until April 4, 2030.
• Key Condition: You must keep the same job with the same employer to qualify for these special rules.

Unlike the previous Tier 2 visa, there’s no longer a 6-year limit on your stay. You can renew your Skilled Worker visa as often as needed, provided you continue to qualify.

After 5 continuous years in the UK on this visa, you may be eligible to apply for Indefinite Leave to Remain (ILR). Contact us to arrange for a free initial consultation with one of our immigration solicitors to learn more about how we can help you prepare and manage your application for success.

When to Apply for an Extension

You can apply for an extension anytime before your current visa expires. The 28-day rule no longer applies, except for ILR applications.

However, to streamline the process and potentially avoid extra applications, it’s wise to consider the 5-year ILR requirement when timing your extension. Our experienced  immigration solicitors can advise you on the optimal timing based on your individual situation.

Skilled Worker Visa Extension Requirements (2024)

To extend your Skilled Worker visa, you must:

• Remain in the same job with the same employer.
• Have a job that’s still eligible under the Skilled Worker visa route (the occupation code hasn’t changed).
• Obtain a new Certificate of Sponsorship (CoS) from your employer covering the extension period.
• Ensure your employer still holds a valid UK sponsorship licence.
• Meet the minimum salary requirements, which depend on when your current CoS was issued:
  • CoS issued before April 4, 2024: Your salary must be at least £29,000 per year or the “going rate” for your job (whichever is higher).
  • CoS issued on or after April 4, 2024: Your salary must be at least £38,700 per year or the “going rate” for your job (whichever is higher).

Required Documents

When applying for a UK Skilled Worker visa, you must provide the following documents to support your application:

1. Valid Passport or Travel Document
   A valid passport or another travel document to confirm your identity and nationality.
2. Certificate of Sponsorship (CoS) Reference Number
   Obtain this from your employer.
3. Employer’s Details
   The name of your employer and their sponsorship licence number.
4. Proof of English Language Proficiency
   Evidence demonstrating your knowledge of English, as required by the visa regulations.
5. Job Title and Annual Salary
   Details of your job title and your annual salary.
6. Job’s Occupation Code
   The occupation code associated with your job role.

Additional supporting documents may be required based on your specific circumstances.

For a tailored assessment of your eligibility and a comprehensive checklist of the documents, book an appointment with our experienced skilled work visa solicitors.

How to Apply: Skilled Worker Visa

If you meet the eligibility requirements, you can apply for a Skilled Worker visa online. For expert legal advice and guidance, our highly experienced immigration solicitors are here to assist you every step of the way.

Steps to Apply for a UK Skilled Worker Visa

1. Assess Your Eligibility
   Ensure you meet the eligibility criteria for a Skilled Worker visa. If you are unsure, our immigration solicitors can provide a thorough assessment.
2. Complete the Online Application Form
   Fill in and submit the Skilled Worker visa application form online.
3. Pay the Application Fee
   Pay the relevant fee for your Skilled Worker visa application.
4. Pay the Immigration Healthcare Surcharge (IHS)
   Cover the IHS, which grants you access to the UK’s National Health Service (NHS).
5. Upload Supporting Documents
   Provide the necessary documents to support your Skilled Worker visa application.
6. Book and Attend a Biometric Appointment
   Schedule and attend a biometric appointment to have your fingerprints and photograph taken.

We offer legal services to help ensure your application has the best chance of being successful.

Visa Processing Time in 2024

In 2024, the processing time for the UK Skilled Worker visa applications submitted from within the UK averages around 8 weeks.

For those applying from outside the UK, decisions are typically made within 3 weeks.

Faster Processing Options

1. Super Priority Service
   If you require a quicker decision, you may be eligible for the “Super Priority Service.” This service aims to provide a decision by the end of the next working day (within 24 hours). An additional fee is required for this service, on top of the standard visa application fee.
2. Priority Service
   The “Priority Service” offers a faster processing time, with a decision usually made within 5 working days. Like the Super Priority Service, this option also requires an additional fee in addition to the standard visa application fee.

Minimum Salary Pay Scale For Tier 2 (Skilled Worker) Visa

If you received a Certificate of Sponsorship (CoS) before 24th November 2016:

• Extended your visa before 24th May 2023: The minimum salary requirement remains at the fixed lower rate of £20,800 per annum.

If you received your CoS on or before 24th November 2016:

• Extensions before 1st December 2026: You must meet the new salary requirements set for Skilled Worker visas as of April 2024.

New Salary Requirements for 2024:

• Minimum Salary: For most new Skilled Worker visa applicants, the minimum salary has been updated to £38,700 per annum.

Important Notes:

• The older, lower salary thresholds apply only if your CoS and initial visa fall under the dates mentioned above.
• Always check the most current guidelines or consult our immigration solicitors to confirm your specific requirements.

Tier 2 General Visa Extensions

The Tier 2 General visa is no longer available for new applications, but if you currently hold this visa and wish to extend your stay, you can do so under the Skilled Worker visa route. The process and requirements for extending your visa depend on when your Certificate of Sponsorship (CoS) was issued.

Extensions Based On Visas Issues in 2016

1. CoS Issued Before 24 November 2016:

   • You must have extended your visa by 23 May 2023.
   • The minimum salary requirement was £20,800 per year unless the “going rate” for your job was higher.

2. CoS Issued On or After 24 November 2016:

   • For renewal extensions submitted before 1 December 2026, you must meet the new Skilled Worker visa salary requirements.
   • You can include guaranteed allowances like London weighting in your salary calculation to meet the threshold.

Extensions Based On Visas Issued In 2024

1. CoS Issued Before 4 April 2024:

   • You can benefit from reduced salary requirements of £29,000 per year or the lower going rate for your occupation, whichever is higher. This leniency applies until 4 April 2030.

2. CoS Issued On or After 4 April 2024:

   • The minimum salary requirement has increased to £38,700 per year or the going rate for your job, whichever is higher.

3. Key Points:

   • There is no longer a maximum limit on the number of times you can renew your visa.
   • The 6-year maximum stay rule that applied under the Tier 2 General visa no longer exists.
   • To extend your visa, you must still be employed in the same job with the same employer, under the same occupation code.

Always consult with one of our immigration solicitors at Axis Solicitors for the most up-to-date guidance on visa extensions, tailored to your specific circumstances.

Our Services

At Axis Solicitors, our highly skilled UK immigration solicitors in London, Birmingham and Manchester are dedicated to guiding you through every step of your visa or immigration application. Whether you are applying for a Skilled Worker visa or any other type of UK visa, we provide affordable and results driven legal services and support tailored to your unique circumstances.

Our Services Include:

1. Personalised Advice
   We offer detailed, expert advice on all aspects of UK immigration law, ensuring you understand your options and requirements.
2. Eligibility Assessment
   Our solicitors will carefully assess your circumstances to determine your eligibility for the specific visa you wish to apply for.
3. Application Process
   We will explain the entire visa application process, giving you a clear understanding of what to expect at each stage.
4. Document Checklist and Verification
   We will provide you with a tailored checklist of required documents based on your visa type and personal situation. Additionally, we will also review all your supporting documents to ensure they meet the necessary standards.
5. Application Preparation
   Our team can complete your visa application form, ensuring all details are accurate and in line with the latest Immigration Rules. We will also prepare a detailed cover letter or representation to the Home Office UKVI to support your application.
6. Biometric Appointment Booking
   We can arrange your biometric enrolment appointment, guiding you through this crucial step in the application process.
7. Document Uploading
   All supporting documents can be uploaded on your behalf, ensuring they are submitted correctly and on time.
8. Liaison with the Home Office
   We can manage all communication with the Home Office UKVI throughout the application process, keeping you informed and addressing any queries or issues that arise.
9. Regular Updates
   You will receive updates at every stage of your application, so you always know the status of your case.

Let Axis Solicitors handle your visa or immigration application with the expertise and attention to detail that leads to successful outcomes.