Skilled Worker Visa UK Under The New Points Based System

The Skilled Worker visa category is for foreign nationals who have been offered a skilled job by a UK employer holding Skilled Worker sponsor licence. The Skilled Worker visa has replaced Tier 2 General Migrant visa from 1 December 2020. The prospective employer of the Skilled Worker must have Skilled Worker sponsor licence and must assign a Certificate of Sponsorship (CoS) to the Skilled Worker for the Skilled Worker to apply for Skilled Worker visa.

According to paragraph 6 of the Immigration Rules, a “Skilled Worker” means a person who has, or had, permission under Appendix Skilled Worker, or as a Tier 2 (General) migrant under the rules in force before 1 December 2020.

Our expert team of Skilled Worker visa solicitors can provide specialist legal help and support with your application for Skilled Worker visa with a fixed fee starting from £500 + VAT (if VAT is applicable).

The Skilled Worker visa is a Point Based System (PBS) visa category and points can be awarded for the Certificate of Sponsorship (CoS), job skill level, English language, appropriate Salary, Phd level qualifications, job in shortage occupation, and applicant being new entrant. A total of 70 points are required to be eligible to apply for Skilled Worker visa; 50 points from mandatory non-tradable points and the remaining 20 from tradable points.

Skilled Worker visa a route to settlement and a person who has spent 5 years in the UK on Skilled Worker visa can apply for indefinite leave to remain (ILR) as a Skilled Worker.

Services For Skilled Worker Visa

As specialist Skilled Worker visa solicitors, we can provide fast, friendly and reliable fixed fee immigration advice and representations for the following applications for Skilled Workers:

Services For Dependants Of Skilled Worker

Our specialist team of dependant visa solicitors can provide fast, friendly, reliable and fixed fee immigration advice and representations for following applications for dependants of Skilled Worker:

Other Related Services

FAQs - Extension / Renewal Of Skilled Worker Visa

Can I apply for extension / renewal of my Skilleds Worker visa using Super Priority Service for decision within 24 hours or Priority Service for decision within 5 working days?

You can renew / extend your Skilled Worker visa from inside the UK using Super Priority Service (decision within 24 hours) or using Priority Service (decision within 5 working days).

As specialist Skilled Worker visa solicitors, we can provide Super Priority Service or Priority Service for renewal of your Skilled Worker visa.

What are the eligibility requirements for extension / renewal of Skilled Worker visa?

To be eligible for extension of Skilled Worker visa / Tier 2 General visa, you should meet the following requirements:

How many points do I need to score to qualify for extension / renewal of Skilled Worker visa?

A total of 70 points are required to be eligible to apply for extension of Skilled Worker visa / Tier 2 Generarl visa; 50 points from mandatory non-tradeable points and the remaining 20 from tradeable points.

How can I apply for renewal of my Skilled Worker visa if my new employer does not hold the skilled worker sponsor licence?

If your new or prospective employer does not hold the sponsor licence for Skilled Worker visa, your employer can apply for Skilled Worker sponsor licence to be able to sponsor you for renewal of your Skilled Worker visa. Our expert team of Sponsor licence solicitors can provide the required legal help and assistance to your prospective employer with an application for Skilled Worker sponsor licence application.

How can I extend my Tier 2 General visa?

The Tier 2 General visa category has been replaced by the Skilled Worker visa. You can extend or renew your Tier 2 General visa by making an application under the Skilled Worker visa category. Your employer / sponsor should assign you with a Certificate of Sponsorship (CoS) so that you can apply for your visa renewal as a Skilled Worker.

What is the time limit to apply for renewal of Skilled Worker visa as a new entrant?

Applicants can be new entrants for a maximum of 4 years. The 4 years include time spent in any Tier 2 route or as a Skilled Worker, whether or not that permission was for a continuous period. An applicant cannot be considered as a new entrant for only part of the time they are applying for. If the applicant is applying for more than 4 years, or if granting the application would mean they would have more than 4 years’ permission in total (whether continuous or not) as a Tier 2 migrant and/or as a Skilled Worker, they cannot score tradeable points as a new entrant. They will need to score tradeable points in another way.  

What are my options if my application for renewal of Skilled Worker visa has been refused by the Home Office UKVI?

If your application for renewal / extension of Skilled Worker visa has been refused by the Home Office UKVI, you may have one of the following options available to you:

Option 1: You can file an Administrative Review (AR) against the refusal of your application if you believe that the Home Office caseworker has made a caseworking error in deciding your application for renewal of Skilled Wokrer visa. Our expert team of Skilled Worker visa solicitors can help you with your application for an Administrative Review (AR) of the Home Office UKVI refusal decision.

Option 2: You can submit a fresh application within 14 days (if your leave has already expired whilst the application was pending with the Home Office UKVI) by using a new Certificate of Sponsorship (CoS) assigned by your employer to you. Our specialist skilled worker visa solicitors can provide the required legal help and assistance with your fresh application for extension of Skilled Worker visa after the refusal of your application.

Do I have to resign with my current employer before applying for extension of my Skilled Worker visa through my new employer?

No, you do not have to resign from your current job before applying for Skilled Worker visa extension through your new employer and you can resign and after you have been granted extension of your Skilled Worker visa.

If your application for Skilled Worker visa gets refused for any reasons, your current visa will remain intact and you can continue with your job with your current employer, if you so wish.

Can I extend my Tier 2 General or Skilled Worker visa beyond 6 years?

Following changes in the Immigration Rules with effect from 1 December 2020, there is no time limit set by the Home Office UKVI as to maximum period for which a person can extend his/her Skilled Worker visa. It is therefore possible for a person to extend Tier 2 General or Skilled Worker beyond 6 years if for any reasons an application for ILR cannot succeed for the time being and the extension application is the only option available.

FAQs - ILR Skilled Worker Visa

When can I apply for ILR as a Skilled Worker?

You can apply for ILR as a Skilled Worker 28 days before you complete 5 years qualifying period for ILR.

How can I apply for ILR as a Skilled Worker?

You can apply for ILR as a Skilled Worker online using application form SET (O).

Can I apply for ILR as a Skilled Worker using Super Priority Service or Priority Service?

You can apply for ILR as a Skilled Worker using Super Priority Service for decision within 24 hours or using Priority Service for decision within 5 working days.

Our specialist team of Skilled Worker visa solicitors can provide expert legal help and assistance with your application for ILR as a Skilled Worker.

What is qualifying period requirement for ILR as a Skilled Worker?

The applicant must have spent a continuous period of 5 years in the UK, consisting of time with permission in any of, or any combination of, the following routes:

  • Skilled Worker
  • Tier 2 (General)
  • Global Talent
  • Innovator
  • T2 Minister of Religion / Tier 2 (Minister of Religion)
  • T2 Sportsperson / Tier 2 (Sportsperson)
  • Representative of an Overseas Business
  • Tier 1 (Exceptional Talent)
  • Tier 1 (Entrepreneur)
  • Tier 1 (Investor)
  • Tier 1 (General)

The most recent permission must have been in either the Skilled Worker or Tier 2 (General) route. An applicant does not need to have switched from Tier 2 (General) to Skilled Worker before applying for settlement as a Skilled Worker, as the definition of Skilled Worker in the Immigration Rules includes those with permission in the Tier 2 (General) route.

What is the continuous residence requirement for ILR as a Skilled Worker?

The applicant must meet the continuous residence requirement as set out in Appendix Continuous Residence during the qualifying period for ILR as a Skilled Worker / Tier 2 General Migrant.

Do I need to meet the Life in the UK test and English language requirement for ILR as a Skilled Worker?

To apply for ILR as a Skilled Worker, you must meet the Knowledge of Life in the UK requirement as set out in Appendix KOL UK.

You do not need to meet an English language requirement for settlement, as you will have met this in your previous Skilled Worker visa application.

Can I combine time spent under ECAA Turkish Worker visa or Turkish ECAA Businessperson visa with time spent under Skilled Worker visa to apply for ILR as a Skilled Worker?

No, you are not allowed to combine time spent under ECAA Turkish Worker visa or ECAA Turkish Businessperson visa with time spent under Skilled Worker visa to apply for ILR after 5 years as a Skilled Worker. Your qualifying time for ILR as a Skilled Worker will start from scratch once you switch from ECAA Turkish Wroker visa or ECAA Turkish Businessperson visa to Skilled Worker visa.

FAQs - Switching Into Skilled Worker Visa

Can I switch from ICT visa to Skilled Worker visa from inside the UK?

Yes, you can switch from ICT or Tier 2 ICT visa to Skilled Worker visa from inside the UK without any cooling off period. Your qualifying time for ILR will start from the time when you switch into Skilled Worker visa and you cannot combine the time previously spent on Tier 2 ICT visa when applying for ILR as a Skilled Worker.

Can I apply for switching into Skilled Worker visa using Priority or Super Priority Service?

You can apply for switching into Skilled Worker visa using Home Office UKVI Priority or Super Priority Service. If you apply using Priority Service, your application will be decided within 5 working days from the date of biometrics enrolment. If you apply using Super Priority Service, your application will normally be decided within 24 hours of biometrics enrolment.

Who is not permitted to switch into Skilled Worker visa from inside the UK?

You cannot apply to switch to Skilled Worker visa from inside the UK if you are currently in the UK:

You must leave the UK and apply for a Skilled Worker visa from abroad if you are in one of the above listed visa categories.

According to Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents, "You’ll be able to submit an application form from within the UK, whereas you would usually need to apply for a visa from your home country."

In light of the UKVI Covid-19 Guidance, a visitor can switch into Skilled Worker visa from inside the UK if his job is starting soon with the Skilled Worker sponsor.

Can I switch from Student visa to Skilled Worker visa without completing a degree course?

A student can switch into Skilled Worker visa without completing a degree course in the UK. However, if the student applies without completing a degree, the Student will not be able to apply as a new entrant unless the student is under the age of 26.

Can I switch from spouse visa to Skilled Worker visa from inside the UK?

Yes, you can switch from spouse visa to Skilled Worker visa from inside the UK if you are offered a skilled job by a UK employer holding Skilled Worker sponsor licence. If your prospective employer does not hold the sponsor licence, we can provide the required legal help and assistance with an application for sponsor licence so that your employer is able to sponsor your leave to remain under the Skilled Worker visa category.

Can I switch from Dependant visa to Skilled Worker visa from inside the UK?

If you are in the UK as a dependent partner of a Student or Worker visa holder, you can apply for switching into Skilled Worker visa from inside the UK if you have a job offer for a skilled job from a UK employer holding skilled worker sponsor licence.

If your prospective employer does not hold the sponsor licence, we can provide the required legal help and assistance with an application for sponsor licence so that your employer is able to sponsor your leave to remain under the Skilled Worker visa category.

Can I work part time on Skilled Worker visa?

No, you cannot work part time on skilled worker visa. The job must be a full time job which means you should be sponsored to work for at least 30 hours per week. If you are sponsored to work for less than 30 hours per week, your application for Skilled Worker visa may be refused by the Home Office, UKVI.

FAQs - Skilled Worker Visa Entry Clearance

What is Skilled Worker sponsor visa route?

The Skilled Worker route is for employers to recruit people to work in the UK in a specific job. A Skilled Worker must have a job offer in an eligible skilled occupation from a Home Office-approved sponsor.

How can I apply for Skilled Worker visa entry clearance from outside the UK?

You can apply for Skilled Worker visa entry clearance online from outside the UK after you have been assigned a Certificate of Sponsorship (CoS) by your prospective employer holding the Skilled Worker sponsor licence.

Whar are the application validity requirements for skilled worker visa entry clearance?

An application for entry clearance for Skilled Worker visa must meet all the following requirements for validity of the application:

  • any fee and Immigration Health Surcharge (IHS) must have been paid; and
  • the applicant must have provided any required biometrics; and
  • the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
  • the applicant must have a certificate of sponsorship (CoS) that was issued to them by their sponsor no more than 3 months before the date of application;
  • The applicant must be aged 18 or over on the date of application;
  • An applicant applying for entry clearance who has received an award from a Government or international scholarship agency in the 12 months before the date of application which covers both fees and living costs for study in the UK, must have provided written consent to the application from that Government or agency.

An application which does not meet the validity requirements for a Skilled Worker is invalid and may be rejected and not considered.

What is a valid Certificate of Sponsorship (CoS) for Skilled Worker visa entry clearance application?

The applicant must have a valid Certificate of Sponsorship for the job they are planning to do; which to be valid must:

  • confirm the applicant’s name, that they are being sponsored as a Skilled Worker, details of the job and salary the sponsor is offering them and PAYE details if HM Revenue and Customs (HMRC) requires income tax and National Insurance for the sponsored job to be paid via PAYE; and
  • if the application is for entry clearance, have been allocated by the Home Office to that sponsor for the specific job and salary details shown; and
  • include a start date, stated by the sponsor, which is no more than 3 months after the date of application; and
  • not have been used in a previous application which was either granted or refused (but can have been used in a previous application which was rejected as invalid, made void or withdrawn); and
  • not have been withdrawn by the sponsor or cancelled by the Home Office.
What are the points requirements for Skilled Worker visa entry clearance?

The applicant must score 50 mandatory non-tradeable points to succeed in the entry clearance application for Skilled Worker visa and the remaining 20 points can be scored from tradeable points. The mandatory non-tradeable points are given in the table below:

Characterstics Points
Sponsorship 20
Job at appropriate skill level 20
English language skills at level B1 (intermediate) 10

An applicant must be awarded 20 tradeable points from the table below. An applicant may only be awarded 20 points from one entry in the table.

Option Requirements To Score Points Points
A

The applicant’s salary equals or exceeds both:

  • £25,600 per year; and
  • the going rate for the occupation code.
 20
B

Educational qualification: PhD in a subject relevant to the job and the applicant’s salary equals or exceeds both:

  • £23,040 per year; and
  • 90% of the going rate for the occupation code.

In this entry, 10 points will be awarded for the educational qualification and 10 points will be awarded for the applicant’s salary.

 20
C

Educational qualification: PhD in a STEM subject relevant to the job and the applicant’s salary equals or exceeds both:

  • £20,480 per year; and
  • 80% of the going rate for the occupation code.
 20
D

Job in a shortage occupation and the applicant’s salary equals or exceeds both:

  • £20,480 per year; and
  • 80% of the going rate for the occupation code.
 20
E

Applicant is a new entrant to the labour market and their salary equals or exceeds both:

  • £20,480 per year; and
  • 70% of the going rate for the occupation code.
 20
F

Job in a listed health or education occupation and the applicant’s salary equals or exceeds both:

  • £20,480 per year; and
  • the going rate for the occupation code.

An applicant with a job in a listed health or education occupation can only be awarded 20 tradeable points from option F.

 20
Do I need to provide Criminal Record Certificate for my Skilled Worker visa entry clearance?

If the applicant is applying for entry clearance and is being sponsored for a job in any of the occupation codes listed below, they must provide a criminal record certificate from the relevant authority in any country in which they have been present for 12 months or more (whether continuously or in total) in the 10 years before the date of application, and while aged 18 or over:

  • 1181 Health services and public health managers and directors
  • 1184 Social services managers and directors
  • 1241 Health care practice managers
  • 1242 Residential, day and domiciliary care managers and proprietors
  • 2211 Medical practitioners
  • 2212 Psychologists
  • 2213 Pharmacists
  • 2214 Ophthalmic opticians
  • 2215 Dental practitioners
  • 2217 Medical radiographers
  • 2218 Podiatrists
  • 2219 Health professionals not elsewhere classified
  • 2221 Physiotherapists
  • 2222 Occupational therapists
  • 2223 Speech and language therapists
  • 2229 Therapy professionals not elsewhere classified
  • 2231 Nurses
  • 2232 Midwives
  • 2312 Further education teaching professionals
  • 2314 Secondary education teaching professionals
  • 2315 Primary and nursery education teaching professionals
  • 2316 Special needs education teaching professionals
  • 2317 Senior professionals of educational establishments
  • 2318 Education advisers and school inspectors
  • 2319 Teaching and other educational professionals not elsewhere classified
  • 2442 Social workers
  • 2443 Probation officers
  • 2449 Welfare professionals not elsewhere classified
  • 3213 Paramedics
  • 3216 Dispensing opticians
  • 3217 Pharmaceutical technicians
  • 3218 Medical and dental technicians
  • 3219 Health associate professionals not elsewhere classified
  • 3231 Youth and community workers
  • 3234 Housing officers
  • 3235 Counsellors
  • 3239 Welfare and housing associate professionals not elsewhere classified
  • 3443 Fitness instructors
  • 3562 Human resources and industrial relations officers
  • 6121 Nursery nurses and assistants
  • 6122 Childminders and related occupations
  • 6123 Playworkers
  • 6125 Teaching assistants
  • 6126 Educational support assistants 6141 Nursing auxiliaries and assistants
  • 6143 Dental nurses
  • 6144 Houseparents and residential wardens
  • 6146 Senior care workers

The requirement to provide criminal record certificate does not apply if the applicant provides a satisfactory explanation why it is not reasonably practicable for them to obtain a criminal record certificate from any or all of the relevant authorities.

Is there any cooling off period for me to apply for Skilled Worker visa from outside the UK as I had Tier 2 General visa which just expired whilst I was outside the UK?

There is no cooling off period any more for you to apply for Skilled Worker visa from oustide the UK and you can apply for new Skilled Worker visa from outside the UK without any cooling off period.

Book An Appointment With Our Immigration Team

You can choose to book an appointment with one of the following immigration solicitors and lawyers depending on the type of your UK visa and immigration matter:

Mr Arshad Mahmood (Managing Director / Solicitor)

Areas of Expertise

Work Visas | Sponsor Licence | Student Visa | Dependants Of Work Visa Holders | BNO Visa | Applications For Adopted Children | Applications For Surrogate Children

Mr Amir Naviwala (Director / Solicitor)

Areas of Expertise

Family Visa | EU Settlement Scheme (EUSS) Applications | Long Residence Applications | Private Life Applications | Adult Dependent Relative (ADR) Applications | Naturalisation Applications | Visitor Visas

Ms. Latrece Hunnygen-Peart (Immigration Solicitor)

Areas of Expertise

Skilled Worker Visa | Sponsor Licence | Dependants Of Work Visa Holders | BNO Visa | Family Visas | Naturalisation As A British Citizen | Domestic Worker Visa | Long Residence Applications | Private Life Applications | Adult Dependent Relative (ADR) Applications

Ms. Nargis Khodadady (Immigration Solicitor)

Areas of Expertise

Skilled Worker Visa | Sponsor Licence | Dependants Of Work Visa Holders | Family Visas | Private Life Applications | Long Residence Applications | Naturalisation As A British Citizen

Yogita Sharma (Immigration Solicitor)

Areas of Expertise

Skilled Worker Visa | Sponsor Licence | Dependants Of Work Visa Holders | Family Visas | Private Life Applications | Long Residence Applications | Naturalisation As A British Citizen

Mr Abdul Mutee (Immigration Solicitor)

Areas of Expertise

Compensation For Unlawful Immigration Detention

Mr Muhammad Usman Rasheed (Senior Immigration Caseworker)

Areas of Expertise

Skilled Worker Visa | Dependants Of Work Visa Holders | Family Visa | Long Residence Applications | Private Life Applications | Naturalisation Applications | Visitor Visas

Book An Appointment With Our Divorce & Family Law Solicitors

Ms. Angelica Manu (Divorce & Family Law Solicitor)

Ms. Yogita Sharma (Divorce & Family Law Solicitor)

Mr Arshad Mahmood (Divorce & Family Law Solicitor)

Miss Julia Francis-Owusuasefa (Divorce & Family Law Caseworker)

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