Skilled Worker Visa

The Skilled Worker visa, which has replaced the Tier 2 (General) visa, is the main UK immigration route for non-UK resident workers.

Whether you are an employer looking to hire a skilled worker from overseas or are an individual applying for a sponsorship visa, it will be important to understand the Skilled Worker visa eligibility and application requirements to avoid issues or delays with the Home Office application. A refused application will mean you lose the application fee.

For skilled workers and their sponsors, with so much at stake, it is important to seek legal advice to understand the migration options available and that the Skilled Worker visa is the correct route.

We bring substantial experience and recognised expertise in advising employers and workers on UK employment sponsorship and the Skilled Worker visa application. For specialist immigration advice, contact us.

How to apply for a Skilled Worker visa

The applicant will need to submit an online application, together with their supporting documentation, and pay the relevant fee. They will also need to provide their biometric information at the visa processing centre local to them, either overseas or in the UK.

Applications can be made up to 3 months before the day the worker’s intended employment start date in the UK, as stated on the Certificate of Sponsorship.

They will also be required to attend an appointment at a visa application centre to enrol their biometric information and to submit various documents in support.

The documentation will include:

- A current passport or another travel document
- Expired passports or travel documents to show their travel history
- Proof of their knowledge of English
- Proof of their personal savings
- Tuberculosis test results if they are from a listed country
- A criminal record certificate from any country they have lived in for 12 months or more in the last 10 years, if they will be working in either the education, health or social care sector

The Home Office will assess their application on the basis of how many points they have accumulated under the points-based system.

What are the Skilled Worker visa requirements?

The rules and requirements for the Skilled Worker visa route are set out in a new Appendix Skilled Worker. Under this route, applicants will need to accrue a total of 70 points to be eligible for a visa, including EEA nationals recruited from outside the UK after 1 January 2021 and who are not eligible for status under the EU Settlement Scheme.

The applicable 70 points threshold for a Skilled Worker visa is made up of 50 points for mandatory or ‘non-tradeable’ criteria (ie; the job offer, speaking English and the requisite skill level for the job on offer), and 20 points for what’s classed as ‘tradeable’ criteria.

Skilled Worker eligible occupations

To determine if the job is eligible for the Skilled Worker route, the sponsor should identify the relevant SOC code for the role. This is usually done using the ONS occupation coding tool. The job description on the list should match the position being filled.

Once the code has been identified, this will need to be cross-referenced with the list of eligible jobs to check that it is included and is eligible under the Skilled Worker route.

The Home Office can refuse the visa application if the incorrect SOC code is used.

Healthcare professionals looking to work in the UK health or adult social care sector should instead look at the Health and Care Worker visa. This route is specifically designed for health sector occupations and offers a number of benefits to visa holders over the Skilled Worker visa, such as a lower application fee and exemption from the Immigration Health Surcharge.

Skilled Worker Visa