Moving to the UK on a skilled worker visa is an enticing prospect for individuals seeking employment opportunities in a diverse and dynamic environment. The skilled worker visa, part of the Points-Based System, allows qualified individuals to contribute their expertise to the UK workforce. By securing a job offer from a UK employer and meeting specific criteria, applicants can gain entry to the country. The points system considers qualifications, English language proficiency, and salary, ensuring a skilled and tailored approach to immigration. This avenue provides access to the UK job market and allows individuals to immerse themselves in its rich cultural heritage and utilize its renowned healthcare system.
For those with sought-after skills and a desire to thrive internationally, the skilled worker visa offers a pathway to professional growth and a new chapter in life within the United Kingdom. If you are interested in moving to the UK with a skilled worker visa, you are welcome to get in touch with our experienced lawyers.
Criteria for a Skilled Worker Visa in the UK
The essential criteria for obtaining the UK Skilled Worker Visa, as delineated by the official website of the UK Government, encompass several key components. First and foremost, applicants must secure a valid job offer from a UK employer. To authenticate this offer, employers are required to provide a Certificate of Sponsorship (COS). Successful applicants must accumulate a minimum number of points through the Points System, which evaluates the nature of the job offer, skill level, English language proficiency, and salary. Proficiency in English is a prerequisite, and a higher salary contributes to earning additional points within the system. These are the professions currently experiencing a labour shortage in the UK, ranging from electronics engineers and IT professionals to artists and care workers. This underscores the diverse fields in which skilled workers are in high demand within the United Kingdom.
A Quick Overview of Minimum Salary Increases and Associated Changes to Skilled Worker Visa
Sponsor license holders should be attentive to impending adjustments to the Skilled Worker visa route, as announced on March 9, 2023. Aligned with the forthcoming increase in the National Living Wage, the Home Office has disclosed revisions to the Skilled Worker visa salary thresholds effective April 12, 2023. Please find below related information in this regard:
- Minimum Salary Adjustments: The minimum gross annual salary threshold for most Skilled Worker visa applications is set to rise by £600, transitioning from £25,600 to £26,200. Concurrently, the minimum hourly rate will increase from £10.10 per hour to £10.75 per hour. This change is poised to impact various sponsored roles, particularly in sectors like hospitality, where salaries often hover around the minimum threshold.
- Discounted Minimum Salaries for Specific Occupations: For eligible PhD-qualified occupations, the discounted minimum gross annual salary will increase from £23,040 to £23,580. Similarly, roles on the shortage occupation list, certain STEM positions, new entrants, and specific healthcare roles will see a rise in the discounted minimum gross annual salary from £20,480 to £20,960.
- Changes to Going Rates: New going rates for individual occupations, now based on a 37.5-hour working week instead of 39 hours, have been unveiled. Employers with staff contracted for longer weekly working hours should note that proposed salaries must be pro-rated to determine sponsorship eligibility.
- Implementation Date: The salary mentioned above and going rate adjustments will exclusively apply to visa applications submitted with a certificate of sponsorship issued on or after April 12, 2023. Applications using a certificate of sponsorship issued before this date will be assessed according to the Immigration Rules in force on April 11, 2023.
- Impact on Existing Sponsored Workers: Employers of existing sponsored workers can be reassured that immediate action is not required from an immigration perspective. The new mandatory minimums will only come into play during the worker’s next visa extension or settlement stage, necessitating employers to align salaries with the revised thresholds.
If you are interested in learning more about the changes made to the skilled worker visa, please consult with our seasoned attorneys.
Visa Application Timeline and Decision Process
When planning to work in the UK, you can initiate your visa application up to 3 months before your intended start date, as indicated on your certificate of sponsorship. As part of the application process, you must substantiate your identity and submit the necessary documents. If an appointment is required, be sure to factor in additional time; information on this requirement will be provided as you begin your application.
Application Decision Timeline: Upon completing the online application, confirming your identity, and submitting the requisite documents, the decision on your visa application is typically rendered within the following timeframes:
– 3 weeks: If you are applying from outside the UK;
– 8 weeks: If you are applying from within the UK.
Expedited Decision Options: If you wish to expedite the decision process, you may have the option to pay for a faster decision. The specific procedure for expediting depends on whether you are applying from outside or inside the UK. Additional details on expediting your application will be provided during the application process.
Opportunities and Limitations of the Skilled Worker Visa
With a Skilled Worker visa, you gain a range of privileges, including working in an eligible job, pursuing studies, and bringing your eligible partner and children as dependants. In certain circumstances, you can take on additional work, engage in voluntary activities, travel abroad, and return to the UK. After residing in the UK for five years and meeting other eligibility criteria, you can apply for permanent settlement, known as ‘indefinite leave to remain.
However, there are restrictions. You cannot apply for most benefits (public funds) or the State Pension. Changing jobs or employers is not permitted unless you apply to update your visa. A comprehensive list of activities allowed and restricted with a Skilled Worker visa will be provided upon a successful application, clarifying the opportunities and limitations associated with this immigration status.
Extending Your UK Skilled Worker Visa and Indefinite Leave to Remain (ILR) Eligibility
If you aspire to extend your UK Skilled Worker visa, it’s crucial to meet the eligibility criteria outlined in Appendix Skilled Worker. After completing a 5-year term on the Skilled Worker visa, you may also have the opportunity to apply for indefinite leave to remain (ILR).
For the extension of the Skilled Worker visa, holders must satisfy the following requirements:
– Job Continuity: Your current job role must remain the same.
– Occupation Code Consistency: The occupation code associated with your job role must remain unchanged.
– Employer Continuity: You must express a continued desire to work for the same employer.
Additionally, family members, including partners and children, must submit separate applications for visa extensions. They have the option to apply for a PBS-dependent visa simultaneously with your application or at any time before the expiration of their current visa. This ensures a comprehensive understanding of the conditions and prerequisites for visa extension and the prospect of attaining ILR.
When seeking an extension for your UK Skilled Worker visa, it is imperative to submit the following documents in support of your application:
- A currently valid passport or alternative travel document confirming your identity and nationality.
- The Certificate of Sponsorship (CoS) reference number, is obtainable from your employer.
- Details of your employer, including their name and sponsorship license number.
- Evidence of English language proficiency.
- Information about your job, including your job title and annual salary.
- The occupation code associated with your job.
Depending on your specific circumstances, additional supporting documents may be required. To ensure a thorough assessment of your eligibility for the Skilled Worker visa and to receive a comprehensive document checklist, schedule an appointment with our work visa solicitor in London.
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