Who is eligible for a Skilled Worker visa?

16 Jan 2023, 26 mins ago

If you are applying for jobs in the UK and you have secured one, you may be eligible to apply for a Skilled Worker visa.

What is a Skilled Worker visa?

A Skilled Worker visa gives you permission to live in the UK and work for your employer for up to 5 years. If you have a partner or children under 18, they may be able to join you too. After 5 years’ continuous residence in the UK under the Skilled Worker route you (and your family) may be eligible to apply for Indefinite Leave to Remain (i.e. permanent residence) in the UK and, thereafter, British citizenship.

What are the eligibility criteria?

Sponsorship

Your prospective UK employer will need to sponsor your visa application. In order to do so, the company will need to have a UK sponsorship licence and assign a Certificate of Sponsorship (CoS) to you.  A CoS is an electronic document which will contain details relating to your prospective role.

If the company does not have a sponsor licence, they will need to apply for one and obtain it before you can proceed with your Skilled Worker visa application.

Job at an appropriate skill level

The role that you will be carrying out must be at or above the minimum skill level, which is Regulated Qualifications Framework (RQF) 3, equivalent to UK A Level.

As part of the application, your prospective employer will also need to choose an occupation code (i.e., a job-type code) that matches your role most closely, and this code will need to meet the skill level.

Salary

The minimum salary threshold for your particular application will depend on a number of factors. These include the occupation code that most closely matches your role, whether you will be considered to be a New Entrant (there are specific eligibility criteria), or whether your role is considered to be lacking sufficient numbers of qualified workers in the UK.

The general minimum salary threshold for Skilled Worker visas ranges from £20,480 to £25,600; however, the minimum salary relevant to your visa application may be much higher depending on your occupation code and the number of hours you will be working. 

English language

You will need to meet the English language requirement. This can be met in various ways, such as being a national of a Home-Office-listed majority English-speaking country, having a degree taught in English (verified by a company called ECCTIS, as necessary), or passing a Home Office approved English language test at the appropriate level.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on TwitterFacebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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