If you are planning to come and work in the UK, it will be essential to understand the Skilled Worker visa eligibility and application requirements to avoid problems or delays with the Home Office application. This is important regardless of whether you are an employer looking to hire a skilled worker from overseas or an individual applying for a sponsorship visa. If you are an employer, you may be looking to hire a skilled worker from overseas. If you are an individual, you may be applying for a sponsorship visa. If your application is denied, the application money will be forfeited.
Because there is so much at risk, skilled workers and their sponsors need to get legal assistance to understand the many migration alternatives that are available and to ensure that the Skilled Worker visa is the appropriate route to follow.
Here is a list of 5 key things you should keep in mind when applying for a Skilled Worker visa:
Points required for Skilled worker visa application
Under the UK Skilled worker visa route, applicants, including EEA nationals recruited from outside the UK after 1 January 2021 who are not eligible for status under the EU Settlement Scheme, must accrue a total of 70 points in order to be eligible for a visa. This applies to both new and existing visa applicants.
The mandatory or 'non-tradeable' criteria account for 50 of the applicable 70 points threshold for a Skilled Worker visa. These criteria include having a job offer, being able to speak English, and having the necessary skill level for the job that is being offered. The 'tradeable' criteria account for 20 of the applicable 70 points threshold.
2. Jobs that are qualified for skilled workers
The sponsor has to ascertain the appropriate SOC code for the position before determining whether or not the position is qualified for the Skilled Worker route. The job description that is included on the list needs to correspond to the vacancy that is being filled.
Once the code has been located, it will need to be cross-referenced with the list of jobs that qualify for the Skilled Worker route to determine whether or not the work is on the list and whether or not it qualifies for the Skilled Worker route.
If the applicant uses the wrong SOC code, the Home Office has the authority to reject their visa application.
3. The minimum wage required for skilled workers
The standard minimum income level for the Skilled Worker visa is set at £25,600 per year unless the "going rate" for the specific position is greater. A going rate is determined for every occupational code.
The amount of the wage needs to be determined not just annually, but also by the hour. Even if the yearly income is higher than the statutory level, the hourly minimum wage cannot be lower than £10.10 even if that level is met.
If the applicant is applying for a Skilled Worker visa and the job that is being offered will pay less than the general salary threshold or the specific salary requirement for that role – but not less than £20,480 – the applicant may still be eligible to apply for a Skilled Worker visa by exchanging certain characteristics for a lower salary to accumulate the necessary number of points. This is done in order to meet the requirements for the visa.
4. English proficiency requirement
The minimal level of English proficiency for reading, writing, speaking, and comprehension is level B1 on the Common European Framework of Reference for Languages.
Unless they have already demonstrated their English language proficiency as part of a prior UK immigration application or if they are a citizen of several exempt nations, most candidates for a skilled worker visa will need to show that they fulfil the language criterion.
Language proficiency must be demonstrated, unless exempt, by passing an approved Secure English Language Test, having a degree-level academic qualification that was taught in English, or having a GCSE, A level, Scottish National Qualification level 4 or 5, Scottish Higher, or Advanced Higher in English (SELT).
5. Criteria for a Certificate of sponsorship
Before the worker can apply for a visa, their UK sponsor must first provide them with a valid Certificate of Sponsorship (CoS), attesting that the person and their job qualify for sponsorship.
The CoS is a reference number that must be included with the Home Office application for a skilled worker visa. A CoS may only be issued by authorised sponsors.
The defined Certificate of Sponsorship and the undefined Certificate of Sponsorship are the two types of certificates available today.
- Undefined CoS are for either: employees who are currently in the UK on a valid visa and are applying to transfer to the skilled worker category from another immigration route, or for those applying under one of the other visa channels from the UK or abroad.
- Defined CoS are for applications for foreign skilled worker visas (not ICT applications).
Sponsors must apply for a specific CoS. There must be detailed information about the employment and remuneration because this is an application to the Home Office.
How do I apply for a visa as a skilled worker?
The applicant must submit an online application together with all required supporting documents and the appropriate cost in order to be considered for a Skilled Worker visa. Additionally, they will be required to submit their biometric data to the visa processing facility in their area, whether it be abroad or in the UK.
Applications may be submitted up to three months before the worker's anticipated first day of employment in the UK, as shown on the Certificate of Sponsorship.
For competent and talented individuals who wish to immigrate to the UK in order to further their professions, establish their enterprises, or begin a new life with their families, our experienced business and personal immigration attorneys frequently achieve success.
We are professionals in Skilled Worker visa applications and offer focused and efficient help for your application process from start to end. We have more than ten years of expertise behind us. We'll also work with you to make sure that your family members may come to the UK and live with you as your dependents. You may be confident that with our assistance, your visa procedure will go well because we are a Legal 500-recognized company with hundreds of satisfied clients to our credit.
