Skilled Worker Visa

The Skilled Worker route allows employers to recruit people to work in the UK in a specific job in an eligible skilled occupation. It replaced the Tier 2 (General) route from 1 December 2020.

You will need to sponsor any overseas national you wish to employ if they are not a ‘settled worker’ or do not otherwise have immigration permission to work for you in the UK. This includes most EU, EEA and Swiss nationals who arrived in the UK after 31 December 2020.

You do not have to sponsor certain categories of worker, including:

  • Irish citizens
  • people who have been granted status under the EU Settlement Scheme
  • people with indefinite leave to enter or remain in the UK (also known as ‘settlement’)

The Skilled Worker route is the main immigration route for overseas nationals who wish to work in the UK (including UK waters). It allows UK-based employers to recruit overseas workers to fill a wide range of skilled vacancies in the UK. This is the main visa category for employers based in the likes of Belfast and London to hire global talent to the UK. As immigration lawyers we advise companies in Belfast and London on how to navigate the immigration system and employ new hires under the Skilled Worker visa category.

A Skilled Worker must have a job offer in an eligible skilled occupation from a Home Office-approved sponsor. Eligible jobs are generally those which involve a variety of work activities, which may be complex. They are likely to include considerable responsibility and autonomy, and may include managing others. One important area we as immigration lawyers advise companies in Belfast and London on is the minimum salary requirement of £38,700 per annum for hiring a Skilled Worker under the sponsor licence. As immigration lawyers we have also advised companies in Belfast and London on some solutions around this salary requirement and how to hire for less.

The job must normally be skilled to level 3 on the Regulated Qualifications Framework (RQF) for England and Northern Ireland, or the equivalent level in Wales or Scotland. This does not mean the worker has to have a level 3 qualification, but the job will involve the application of knowledge and skills at that level. As immigration lawyers we advise companies in Belfast and London that often formal qualifications are not required for a Skilled Worker visa. Sometimes experience is enough to satisfy that the new hire meets the Skilled Worker visa requirements. A question companies in Belfast and London often request from us is whether a migrant worker requires the likes of a degree certificate. The answer is often no.

You can also sponsor eligible healthcare professionals for the Health and Care visa, which is a special subcategory of the Skilled Worker route. All jobs sponsored on this route must meet the Skilled Worker salary requirements. As immigration lawyers we advise clients within this area that some reduction in salary can be employed in this regard for a Skilled Worker visa. The immigration rules are exactly the same for companies based in Belfast as they are for companies based in London. Immigration lawyers will often advise companies in very similar terms irrespective of geographical location.

Skilled Workers can apply to settle in the UK after 5 years’ continuous lawful residence on this (or another eligible) route. A Skilled Worker can normally be accompanied or joined by their partner and dependent children if they meet the relevant requirements for dependants. However, care workers and senior care workers are generally no longer allowed to be accompanied or joined by their dependants, unless an exception specified in the Immigration Rules applies. Immigration lawyers will not just advise companies in Belfast and London on the Skilled Worker visa alone, but also the road to Indefinite Leave to Remain (ILR) after 5 years inside the UK.

If you wish to sponsor a Skilled Worker, you must hold a valid sponsor licence for the Skilled Worker route. People who wish to come to the UK on the Skilled Worker route must meet the requirements in Appendix Skilled Worker to the Immigration Rules. These requirements include that the applicant (‘worker’):

  • is aged at least 18 on the date of application
  • meets the ‘points’ requirement of the route (sponsorship, skill level, salary and English language)
  • meets the genuineness requirement
  • meets the financial requirement
  • if they were previously an officially sponsored student, has the consent of that sponsor to making the application
  • if relevant, meets the criminal records certificate requirement
  • meets the requirements relating to entry to the UK, extension of permission or ‘switching’, as appropriate

This is not the full list of requirements rather general guidance. As immigration lawyers we advise companies in Belfast and London on the full requirements to ensure we eliminate the risks associated with applying for a Skilled Worker visa. It is important to engage with an immigration lawyer to advise on risks and areas of improvement before submitting a Skilled Worker visa application to the Home Office. We often advise as immigration lawyers, for example, in meeting the English language requirements for a Skilled Worker visa. This is something companies in Belfast and London need to consider when hiring global talent.

CMC Immigration can simplify the Skilled Worker visa application process, minimising risks and ensuring that your organisation can successfully recruit and retain international talent.

CMC Immigration Law is an immigration practice based in London and Belfast which provides UK immigration services and solutions to businesses and private individuals throughout the world.