Understanding the Appendix Skilled Worker

Understanding the Appendix Skilled Worker (Image: Solicitor reviewing contract).

In this blog post, we will delve into the details of the Appendix Skilled Worker. Let us address your questions about sponsor licences and provide essential information on Skilled Worker Visa applications.

Understanding Appendix Skilled Worker

Appendix Skilled Worker constitutes an important component of the UK immigration rules pertaining to the sponsorship of skilled workers under Work Visas. This appendix is of importance to Sponsorship Licence applicants and solicitors alike, as failure to comply with these regulations may lead to the rejection of a Skilled Worker Visa application. Moreover, UK sponsor licence holders may jeopardise their licences if they do not strictly adhere to the immigration rules when sponsoring a Skilled Worker Visa applicant.

Appendix Skilled Worker: Comprehensive Coverage Beyond Eligibility Criteria

Appendix Skilled Worker not only addresses the eligibility criteria for the Skilled Worker Visa but also encompasses the procedures for Skilled Worker Visa extension applications and settlement applications for Indefinite Leave to Remain (ILR). The most recent update to this appendix was issued by the Home Office in May 2024. This update points out the importance of adhering to regulations to ensure compliance and successful applications.

Who is Ineligible to Apply for a Work Visa Under Appendix Skilled Worker?

According to the Appendix Skilled Worker, certain individuals are ineligible to apply for a Work Visa. Applicants must be physically present in the UK on the date of their application. However, they must not be in the UK, nor have, as their last visa, used any of the following visa categories:

  • Visitor Visa
  • Short-term Student Visa
  • Seasonal Worker Visa
  • Domestic Worker in a Private Household Visa
  • Parent of a Child Student Visa

Furthermore, any applicant may not have been in the UK without properly adhering to the Immigration Rules and then subsequently applying for a Skilled Worker Visa under Appendix Skilled Worker. 

Applying for a Skilled Worker Visa as an International Student

International students in the UK on a Student Visa must also adhere to specific rules when applying for a Skilled Worker Visa. To qualify, the student must have a job offer from a sponsoring employer and meet one of the following criteria:

  1. The student has completed their studies.
  2. The student is enrolled in a full-time course at a degree level or higher with an educational institution with a previous record of compliance with the immigration rules. Furthermore, the job may not begin before the course completion date.
  3. For PhD students, the job can start no earlier than 24 months after the commencement of their course, provided again that they are studying with an education provider known for their compliance.

Eligibility for a Skilled Worker Visa Under Appendix Skilled Worker

To apply for a Skilled Worker Visa under Appendix Skilled Worker, applicants must satisfy both suitability and eligibility criteria.

Suitability Criteria:

  1. The applicant cannot be deemed unsuitable for a visa under Part 9 of the Immigration Rules, which outlines grounds for refusal.
  2. When applying for permission to stay within the UK, the applicant may not be in breach of Immigration Rules, with the exception of an overstayer to whom paragraph 39E of the Immigration Rules applies or on immigration bail.

Eligibility Criteria:

  1. The applicant must be 18 years or older on the date of the visa application.
  2. If required, the applicant must provide a TB certificate, depending on their country of application.
  3. The applicant must score at least 70 points under the points-based immigration system to qualify as a skilled worker.
  4. The applicant must have a job offer from a sponsoring employer who has issued a certificate of sponsorship. This certificate must be dated within three months of the Skilled Worker Visa application.
  5. The applicant must meet the financial requirement if they have been in the UK for less than 12 months. This is waived if they have been in the UK for 12 months or more. To meet the financial requirement, the applicant must have held funds of at least £1,270 for 28 days. Alternatively, their employer may attest to the applicant meeting this requirement.
  6. The applicant must meet the English language requirement.
  7. The applicant must have paid the visa application fee and the immigration health surcharge.

How to Achieve 70 Points for a Skilled Worker Visa

To secure a Skilled Worker Visa, an applicant is required to accumulate a total of 70 points, comprising 50 mandatory points and 20 tradeable points. The process is governed by the detailed points system outlined in Appendix Skilled Worker.

Mandatory Points:

  1. Job Offer (20 Points): The applicant must have a genuine job offer from an employer with a sponsor licence who has issued a certificate of sponsorship.
  2. Skill Level (20 Points): The job must be at the required skill level, classified under a standard occupational classification code, and meet the RQF3 skill level or above, equivalent to A-level skilled work.
  3. English Language (10 Points): The applicant must meet the English language requirement, set at B1 (intermediate) level on the Common European Framework of Reference for Languages, encompassing reading, writing, speaking, and listening.

Tradeable Points:

The remaining 20 points can be earned through several means, providing some flexibility. For instance, the applicant can achieve these points if their salary meets or exceeds the higher of the job’s standard occupational classification code’s going rate or the new minimum salary threshold of £38,700.

Need a Sponsor Licence or UK Work Visa?

At Axis Solicitors, with offices in Manchester, Birmingham, and London, our experienced Business Immigration Solicitors and Personal Immigration Solicitors are ready to assist. Whether you are applying for a sponsor licence for your business or any other immigration law need, our team can assist you during every step of the process. 

We provide comprehensive support for the certificate of sponsorship allocation. Furthermore, we offer expert assistance to Work Visa applicants seeking to help with their Skilled Worker Visa applications or extension applications.

For clients in Manchester, Birmingham, and London, and those seeking remote legal consultations, Axis Solicitors ensures you receive expert guidance and client-focused services for your specific circumstances. Contact us today to learn how we can support your business or personal immigration needs.

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