Skilled Worker Visa

Skilled Worker Visa

The Skilled Worker Visa has replaced the Tier 2 (General) work visa. It allows qualified applicants to live and work in the UK while engaging in an eligible job with an approved employer or sponsor.

Who Can Apply?

If you or your close family members are from the EU, Switzerland, Norway, Iceland, or Liechtenstein, and you started living in the UK before 1st January 2021, you may be eligible for the EU Settlement Scheme. This will allow you to work in the UK without requiring a visa. Irish citizens do not need to apply for the EU Settlement Scheme or a visa.

Eligibility Criteria for Skilled Worker Visa

To qualify for a Skilled Worker Visa, you must meet the following requirements:

Age: You must be 18 years or older.
Certificate of Sponsorship (CoS): You need a valid CoS from a UK-based employer.
Job Requirements: The job must be genuine and meet the skill level.
Salary: Your salary must meet the general threshold or the “going rate” for the occupation.
Immigration Skills Charge: Your sponsor must have paid the required Immigration Skills Charge.
English Proficiency: You must show English proficiency (at least CEFR Level B1).
Financial Sustainability: You must prove you can support yourself and your family without relying on public funds.
Criminal Record Certificate: You may need to provide a criminal record certificate.
TB Certificate: If applicable, you need a valid TB certificate.

Required Documents

When applying for the Skilled Worker Visa, you will need to provide:

Certificate of Sponsorship reference number.
Proof of English language proficiency.
A valid passport.
Documentation showing your job title and salary (e.g., a contract).
The occupation code for your job.
A copy of the CoS.
Proof of financial requirement.
Proof of relationship with dependents if applicable.
Criminal record certificate and TB test results if required.

Sponsor’s Role and Certificate of Sponsorship (CoS)

Your employer must have a valid sponsorship license and a Certificate of Sponsorship (CoS) for you to apply for this visa. There are two types of CoS:

As a Skilled Worker visa applicant, you must also provide the following documents:

Defined CoS: For skilled workers applying from outside the UK.
Undefined CoS: For those switching jobs or applying from within the UK.

Sponsors must apply for defined CoS, providing job and salary details. Undefined CoS are allocated annually based on factors like workforce size.

Job and Salary Requirements

For your visa application to be valid, your job must meet the following criteria:

Skill Level: The role must be at least RQF Level 3 (roughly equivalent to A-levels).
Minimum Salary: The salary must be at least £25,600 per year, or the "going rate" for the occupation.

Your employer must apply for and obtain a sponsor license and provide a valid Certificate of Sponsorship (CoS) before you can apply for the visa.

Frequently Asked Questions

What Can You Do on a Skilled Worker Visa?
As a Skilled Worker visa holder, you can:

- Work and study in the UK.
- Bring your partner and children under a dependent visa.
- Participate in voluntary work or take additional employment (under certain conditions).
- Apply for settlement (after 5 years of lawful residence).

Restrictions:
- You cannot change employers or jobs without updating your visa application.
- You cannot apply for public funds, benefits, or the State Pension.
Can You Switch Jobs on a Skilled Worker Visa?
If you want to change employers or roles, you must update your visa. This includes switching jobs, changing your employer, or moving to a non-Shortage Occupation job.
Can You Take On Additional Work?
Yes, but under the following conditions:

- You must work for the same employer.
- The occupation code of the additional job must be the same or closely related to your primary job.
- Self-employment is not allowed.

Always inform your primary employer and ensure your CoS is updated if necessary.
How Can Push Legal Services (PLS) Help with Your UK Skilled Worker Visa?
Navigating the Skilled Worker Visa application can be complex, especially when ensuring all requirements are met. Whether you’re applying as an individual or as an employer, Push Legal Services (PLS) is here to assist.
Our team of immigration lawyers is experienced in guiding applicants through the process and helping employers navigate the sponsor license and CoS requirements. If you have questions or need help with document preparation, PLS offers expert advice and support.
For more information or to get assistance, contact us at 0333 0124 253 or reach out online.

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