If you are taking up an offer of employment in the UK, you may require a Skilled Worker visa.
The Skilled Worker visa replaced the Tier 2 (General) visa in December 2020, and is designed for foreign nationals who have been offered a job in the UK. Under this new points-based immigration system, both EU and non-EU citizens are subject to the same immigration rules, when coming to work in the UK.
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What is the Skilled Worker visa?
The Skilled Worker visa allows UK employers to recruit skilled workers from a global pool of talented individuals. It provides skilled workers, from around the world, to work in the UK and contribute towards the UK’s economy.
It allows the visa holder to work, in the UK, for their UK employer, for a period of up to five years. After the initial period, the visa holder is eligible to apply to settle in the UK permanently.
Who is eligible for the Skilled Worker visa?
To be eligible for the Skilled Worker visa the applicant must meet the following generic criteria, but there may be additional specific eligibility requirements depending on the job:
Job Offer
The fundamental requirement of successfully obtaining a Skilled Worker visa, is having a job offer from a Home Office licensed UK employer. The offer must be for a job that is on the list of eligible occupations, and depending on the type of work, the applicant must be receiving a minimum salary. The UK employer should also provide you with a ‘certificate of sponsorship’.
English Language Proficiency
The applicant will need to prove their knowledge of the English language, by showing that they are able to speak, read, write, and understand English. This can be demonstrated by passing an approved English language test or holding a degree that was taught in English.
Salary
The UK employer must pay you the minimum salary, but the salary threshold will depend on the job, and the number of hours being worked, per week.
Financial Requirements
You must show that you have enough money to support yourself, in the UK, along with any dependants without relying on the welfare system. This requirement can be demonstrated by providing your bank statements and other financial documents.
Criminal Record
The applicant must not have a criminal record, and depending on the type of job, you may need to provide a criminal record certificate.
When is a Skilled Worker visa not required?
A Skilled Worker visa is not required if you are:
- A UK citizen, or an Irish citizen.
- A settled worker or have been granted Indefinite Leave to Remain in the UK.
- An EU citizen with pre-settled status or settled status under the EU settlement scheme.
How does a UK employer sponsor a skilled worker?
UK employers are required to hold a sponsor licence, issued by the UK government, if they intend to employ someone from outside the UK. The UK employer must assign a Certificate of Sponsorship, to each foreign worker they intend to sponsor. This Certificate of Sponsorship is an electronic record of your job offer and is essential for the Skilled Worker visa application.
Before assigning a Certificate of Sponsorship, the UK employer has a responsibility to ensure the Skilled Worker meets the eligibility criteria and has a right to work in the UK.
How do UK employers obtain a sponsorship licence?
UK employers seeking to obtain a sponsorship licence must check if their business is eligible, and if the job is suitable for sponsorship.
To satisfy these requirements, UK employers, must show that they do not have any unspent criminal convictions for immigration offences, or for other crimes, such as fraud or money laundering. The UK employer must also show that they have not had a sponsor licence revoked in the last 12 months.
When completing the online application, the UK employer must nominate key personnel, from within the business who will be responsible for managing the sponsorship process and ensuring compliance with the rules.
While reviewing the application, a UKVI caseworker may visit the business to ensure the UK employer can carry out their sponsorship duties.
If the application is successful, the UK employer will be issued with a sponsorship licence, that is valid for a period of four years.
How Murria Solicitors can help
The regulations regarding skilled worker visas can be complex, therefore it is recommended to seek professional advice. This will prevent any unexpected complications for you or your company.
Our experienced immigration and nationality solicitors can help you navigate the application process for a Skilled Worker visa or a Sponsorship Licence.
For expert visa advice, please call us on Freephone 0333 800 0033 or send us your enquiry by filling out our contact form
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