SKILLED WORKER VISA - FREQUENTLY ASKED QUESTIONS (FAQ)
1. What is Tier 2 visa sponsorship?
Tier 2 visa sponsorship is now called Skilled Worker (SW) visa, companies are permitted to hire skilled workers from outside the UK where the role and level of pay meet specific requirements.
2. What is a Sponsorship license?
A sponsorship licence is the permission granted to the UK employer to sponsor skilled foreign workers under the SW visa route to work for their organisation in the UK. Employers may also transfer existing employees to a UK branch under an Intra-Company Transfer visa (ICT).
3. What is Certificate of Sponsorship (CoS)?
This is a virtual document (similar to a database record) which is assigned by the sponsor. Sponsors use a secure IT system called the sponsorship management system (SMS) to assign a CoS. The reference number for the CoS should be provided in the application. The CoS assigned to the applicant should be no more than 3 months before the date of application. If it was assigned too early, the application may be rejected
4. What are the requirements for Skilled Worker visa?
The applicant must meet the following requirements:
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CoS requirement (Refer to Question 5)
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English Language Requirement (Refer to Question 33)
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Appropriate Skill Level Requirement (Refer to Question 39)
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Salary Threshold Requirement (Refer to Question 40)
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Financial Requirement (Refer to Question 42)
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Age Requirement (Refer to Question 41)
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Genuine Vacancy Requirement (Refer to Question 36)
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Immigration Skills Charge Requirement (Refer to Question 38)
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Biometric Requirement (Refer to Question 34)
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Criminal Record Certificate Requirement (Refer to Question 35)
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TB test requirement (Refer to Question 37)
5. What is Certificate of Sponsorship (CoS) requirement?
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You must have a valid CoS for the job you are planning to do.
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Your CoS should be issued by an employer that is authorised by the Home Office (HO) to sponsor the job under the SW route.
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Your sponsor must be listed as A-rated on the HO register of licensed sponsors.
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Your CoS must have been issued no more than 3 months before the date of your application.
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Your CoS must include certain mandatory information, including:
(a) details of you, your job and salary
(b) a start date which is no more than 3 months after the date your
SW visa application
(c) confirmation that the CoS has not been used in a previous application
which was
6. I am a Tier 4 student and can I apply for Skilled Worker visa?
You can apply for a SW visa if you have completed (or are applying no more than 3 months before you are expected to complete) the course mentioned below, or you are studying a PhD and have completed at least 12 months study in the UK towards the PhD.
(not any other qualifications of an equivalent level):
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a UK bachelor’s degree; or
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a UK master’s degree; or
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a UK PhD or
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Other doctoral qualification; or
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a Postgraduate Certificate in Education; or
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a Professional Graduate Diploma of Education
7. What are the requirements for switching from Tier 4 / Student Visa to Skilled Worker visa?
In order to qualify for a SW visa, you will also need to satisfy the following:
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You have a valid Certificate of Sponsorship (CoS) for the job you are taking
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Your job offer is a genuine vacancy
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Your sponsor has paid any required Immigration Skills Charge
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Your job is at an appropriate skill level
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You are competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0)
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You have enough money to support yourself without relying on public funds
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You have provided a criminal record certificate (if applicable)
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You have provided a valid TB certificate (if applicable)
If you have been living in the UK for 12 months or more with a valid permission at the date of the application, you will be excempted from meeting the financial requirement and you will not be required to show funds.
** If you are switching in-country, a TB and Criminal Record Certificate will not be necessary.
8. What if I have a Government Award or International Scholarship?
If you have received an award covering fees and living costs to study in the UK from a Government or international scholarship agency in the 12 months before the date of application, the government or agency must provide written consent to the application. The documents must confirm the organisation gives the applicant consent to remain in or re-enter the UK.
9. Am on Tier 4 what are my other options other than Skilled Worker visa?
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Start-up and innovator schemes
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Tier 1 Graduate Entrepreneur
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Students' union sabbatical officers
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Doctorate Extension Scheme
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Graduate immigration route (PSW)
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Global Talent visa
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Temporary Worker (T5)
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Partner of someone settled in the UK
10. My Tier 2 visa has now expired, what can I do now?
If you hold a SW visa or held a Tier 2 visa which has expired, you must ordinarily wait for 12 months before making a SW visa application. This is known as the ‘cooling-off period’. The cooling-off period starts the day after your SW visa leave has expired, or has ended. If you left the UK before your leave ended, the cooling-off period can start earlier than the date your leave expired, but only if you can provide the required evidence. There are however, exceptions to the cooling off period rule. For example, if you have valid leave and apply for an extension in the UK or you are submitting an application for a change of employment, before your SW visa expires, the cooling-off period does not apply.
11. How do I extend my Tier 2 / Skilled Worker visa?
You can usually apply to extend a SW visa or a Tier 2 (General) work visa if all of the following are true:
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you have the same job as when you were given your previous permission to enter or stay in the UK
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your job is in the same occupation code as when you were given your previous permission to enter or stay in the UK
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you’re still working for the employer who gave you your current CoS
12. Can you help me get a sponsored skilled employment?
Yes, we can help you apply for sponsored skilled employment, refer to our detailed article on skilled worker visa.
13. I have finished my studies. Can I visit my home country and come back before I apply for Skilled Worker visa?
Students who wish to travel after they have completed their studies while their Tier 4 / Student visas are still valid, and before submitting SW applications, should be aware that they may face problems when re-entering the UK. As Tier 4 students could not safely and confidently use their visa's 2 - 6 month post-study period to travel and re-enter the UK. The immigration officer will need to be satisfied that you will apply to extend your leave in this category or another category or you will leave prior to the expiry of your current Student visa. Refer to Question 43
14. My visa expired but am still in the UK as I couldn’t fly back home. Can I apply for a Skilled Worker visa?
Yes, you can apply for a SW visa if you satisfy the requirements. Refer to Question 6.
15. Can I visit my home country during my Skilled Worker visa application?
Those who have already made a SW application cannot leave the Common Travel Area while the application is pending, because that will withdraw their application. Therefore it is recomended that you should not travel until you have received a decision and to wait until you have received your new BRP before leaving the UK. If you have not yet made an application then please refer to Question 43.
16. I have not completed my studies. Can I switch to Skilled Worker visa?
Unfortunately you will not be able to switch to a SW visa unless you have completed a UK bachelors degree, masters degree, PhD or other doctoral qualification, a PGCE, a PGDE or you are applying no more than 3 months before you are expected to complete the course. Refer Question 6.
17. How long can I stay in the UK on a Skilled Worker visa?
Your visa can last for up to 5 years. You’ll need to apply to extend or update your visa when it expires or if you change jobs or employer.
After 5 years, you may be able to apply to settle permanently in the UK (also known as ‘indefinite leave to remain’ (ILR)). This gives you the right to live, work and study here for as long as you like, and apply for benefits if you’re eligible.
18. When can I apply for settlement?
Subject to meeting the other requirements, you can settle permanently in the UK after being in the Tier 2 (General) category / Skilled worker visa continuously for five years. You may be able to combine time spent in other categories when applying for settlement.
19. Can I switch from a visitor visa to a Skilled Work visa?
No, visitors cannot switch to a skilled work visa.
However, the government's proposed new post-Brexit immigration system for the UK from 1 January 2021 does include a proposal to allow some visitors to switch into skilled work but that's for the future.
20. Can I find a job in the UK on a standard visitor visa?
You may be able to look for a job, or even attend an interview however visitor visa holders are not allowed to work in the UK. It is illegal.
21. Can I work anywhere else with my Skilled Worker visa?
You can do additional paid work on this visa up to 20hrs, which is known as the supplementary work. However as per law you should still be doing the job you’re being sponsored for. You can also do unpaid voluntary work.
You must meet the following requirements if you wish to take supplementary jobs
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Work for no more than 20 hours per week
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Take place outside of the normal working hours assigned on the migrant’s CoS
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Be in the same profession and at the same professional level as the migrant’s main job as detailed on the CoS, or be a job in a shortage occupation listed in the Immigration Rules
**Due to coronavirus (COVID-19), there’s currently no limit on the number of hours you can work or volunteer if you have a second job as an NHS doctor, nurse or paramedic.
22. Can I work more than 20hrs a weeks or in a different occupation code?
In such a case, you’ll need to apply to update your visa so that you’re being sponsored to do both jobs. Refer to Question 21.
You’ll need to:
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get a new certificate of sponsorship from your second employer
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include a letter with your application explaining that you want to change your current permission to stay
23. Can I change my employer ?
Your new employer must be able to sponsor your application for a SW Visa.
If you are going to change employers, you will need to submit a new Tier 2 application providing the details of your new employer, who will need to have a Tier 2 sponsor licence in order to issue you with a new Certificate of Sponsorship (‘CoS’).
Your new employer may need to carry out a new Resident Labour Market Test (‘RLMT’) before they can offer you the role and assign a CoS to you. They will only be able to offer the role to you if they have completed a RLMT and they can show that no suitable settled worker can fulfil the role or the job is exempt from the RLMT. There are specific advertising requirements.
24. What happens if the new employer does not have a sponsor licence?
If your new employer does not have a sponsor licence, they will need to make a sponsor licence application before they can sponsor you.
25. My uncle is having a shop. Can he be my sponsor?
You must have a job offer from an approved UK employer before you can apply for a Skilled Worker visa. Approved employers are also known as sponsors, because they are sponsoring you to come to or stay in the UK. Refer Question 1.
26. Can I be self-employed under my Skilled Worker visa?
You need to satisfy the HO that you are being sponsored to undertake a genuine vacancy and are capable of undertaking the role for which your CoS has been assigned. The HO will want to be satisfied that you have not entered into an arrangement whereby you will fill a temporary or permanent position, or undertake contract work which involves undertaking an ongoing routine role or providing an ongoing routine service to a third party who is not your sponsor.
27. How much does the Skilled Worker Visa cost?
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Home Office application fee
Each applicant will be subject to a Home Office application fee which will be dependent on the type of visa they are applying for. The amount due will also be dependent on the length of the visa being applied for and whether the application is being made within the UK or from outside. These fees range from £464 - £1,408. If the application is refused, it is unlikely this fee will be refunded.
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Immigration Health Surcharge (IHS)
A fee of £624 per applicant per year will be payable when the application is submitted. For example, if an applicant is applying for a three year visa, they will be required to pay an IHS fee of £1,872.This fee is a surcharge levied by the Home Office for the migrant’s use of the National Health Service (‘NHS’) during their time in the UK. If refused, this fee should be refunded, although there can be a processing delay.
You may also need to pay £19.20 to have your biometric information (fingerprints and a photo) taken.
**Please note the Home Office fee and the IHS fee are subject to change.
28. Who is a new entrant?
A “new entrant” means a new entrant to the labour market, in other words someone who is near the start of their career, who meets certain criteria. It does not mean an applicant who is making their first Skilled Worker application or entering the UK for the first time.
29. What are the advantages of being considered a new entrant?
Employers seeking to recruit under the Skilled Worker route must ordinarily pay their skilled workers a salary which equals or exceeds both a general salary threshold (£25,600) and 100% of the ‘going rate’ for the occupation (as set out in the relevant occupation code mentioned above), whichever is higher.
However, a new entrant to the labour market may be paid a salary which equals or exceeds both £20,480 per year and 70% of the going rate for the occupation. This is a significantly lower figure and will permit new entrants to be paid a lower salary.
30. What is the drawback of being a new entrant?
Applicants can be new entrants for a maximum of 4 years. The 4 years includes time spent in any Tier 2 route or as a Skilled Worker, whether or not that permission was for a continuous period.
31. What are the requirements to be considered as a new entrant?
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Applicant is under the age of 26 on the date of application
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Applicant is sponsored for a postdoctoral position in one of the following occupations:
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Applicant is working towards a recognised professional qualification in a UK-regulated profession.
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Applicant is switching from Tier 1 (Graduate Entrepreneur).
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Applicant’s most recent permission was under Tier 4 (General) or the Student route. Refer to Question 7.
• 2111 Chemical scientists • 2112 Biological scientists and biochemists • 2113 Physical scientists • 2114 Social and humanities scientists • 2119 Natural and social science professionals not elsewhere classified or
32. What is a ‘job in a shortage occupation’?
The Home Office maintains a list of skilled roles where employers find it difficult to secure adequate numbers of workers with the required skills to fill their vacancies. As set out above, if you have a job offer for a job on the shortage occupation list, the salary threshold requirement will be reduced.
33. What is the English Language requirement?
The applicant must score 10 points for English language skills equivalent to level B1 of the Common European Framework of References for English language in all 4 components (reading, writing, speaking and listening).
Prospective employees applying for entry clearance or leave to remain as a SW will satisfy the English language requirement if they:
(a) Are a national of a majority English-speaking country
(b) Have passed a Secure English Language Test
(c) Have been awarded a degree taught in English
(d) Obtained a GCSE/A Level or Scottish Highers in English while at school in the UK (e) Have already shown they met the requirement, of level B1, in a previous successful
application for entry clearance or permission to stay.
34. What is the Biometric Requirement?
The applicant must provide their biometrics, these are verified against a valid passport or other travel document they have supplied.
35. What is the Criminal Record Certificate requirement?
The criminal records certificate requirement applies if all of the following circumstances apply:
If the requirement applies, the applicant must provide a criminal records certificate for any country they have been present in for 12 months or more (whether continuously or in total) in the 10 years before the date of application, while they were aged 18 or over.
(a) the application is for entry clearance
(b) the applicant is being sponsored in an occupation code listed in
paragraph SW 16.1
36. What is the Genuine Vacancy requirement?
According to UK immigration law, you cannot apply for a Tier 2 General Visa without having a sponsor. Since this immigration status is strictly linked to your employment contract, you are not allowed to set up your own business. Furthermore, you cannot join another business as a director or a partner, or hold more than 10% shares in your sponsor company.
The Skilled Worker Visa Policy Guidance provided by the Home Office explains that there must be a genuine contract between the visa applicant and his or her sponsor. This means that you may be allowed to work as a self-employed as long as your employer sponsors you by issuing a valid contract. Your condition as a self-employed will not affect your sponsor’s responsibilities, and the minimum salary required by the law.
37. What is the TB test requirement?
An applicant must provide a valid TB certificate with their application, if they have been residing within a country listed in Appendix T of the Immigration Rules for more than 6 months immediately preceding the application.
38. What is the Immigration Skills Charge (ISC) requirement?
Sponsors are required to pay ISC for each CoS they assign, unless an exemption applies. The amount charged will depend on the size of the organisation and the length of employment stated on the CoS.
Currently, the ISC for small or charitable sponsors is £364 for the first year of employment, plus £182 for each subsequent six month period. Medium or large sponsors are required to pay the larger fee of £1,000 for the first year plus £500 for each additional six month period.
39. What is Appropriate Skill Level requirement?
The job you are being sponsored for must be an eligible job at or above a minimum skill level (at least RQF level 3), which is roughly equivalent to A-levels.
It is the skill level of the job that you will be doing that will determine whether the threshold is met. The Home Office sets out eligible jobs, along with their skills levels, in an Appendix to the Immigration Rules. Each eligible job has an occupation code. You must be sponsored for a job in an eligible occupation code listed in the Appendix.
40. What is the Salary requirement?
Employers seeking to recruit under the SW route must (subject to being able to trade points) pay their skilled workers a salary which equals or exceeds both a general salary threshold and the ‘going rate’ for the occupation (as set out in the relevant occupation code mentioned above), whichever is higher.
The general salary threshold under the SW route is £25,600 a year. Therefore an applicant must be paid a salary which equals or exceeds £25,600 a year and 100% of the going rate for the occupation, whichever is higher.
Some sponsored skilled workers may be paid less than the above, where they are awarded additional ‘tradable points’ for other attributes.
41. What is the Age requirement?
All applicants must be aged 18 or over on the date of application. If the applicant is a considered a new entrants to the labour market then he/she should be under the age of 26 at the date of application
42. What is the Financial requirement?
An applicant will automatically meet the financial requirement if they have been in the UK for at least 12 months with permission on the date of application. When the this does not apply, an applicant can meet the financial requirement by either:
(a) their sponsor being A-rated’ sponsor certifying they will, if necessary,
maintain and accommodate the applicant up to the end of the first
month of their employment, to an amount of at least £1,270
(b) the applicant providing evidence they have held funds of at least £1,270
for at least 28 consecutive days ending not more than 31 days before the
date of your SW visa application as set out in the financial requirement
guidance (this has reduced from the 90-day requirement which existed
for Tier 2 applications)
43. Can I visit my country after my studies and enter the UK before switching to another
application inside the UK ?
It is always very difficult to advise students in this situation, there can be a spectrum of advice from "don't risk it" to "it will be fine" via "it might be fine before graduation, but not after".
This is because a Border Force Officer could in theory not allow you to re-enter the UK using a Tier 4 visa for a course that was now finished. In practice it is often fine, but sometimes it isn't.
However if you were planning a SW application during the post-study period, I would strongly recommend that you should not try to travel and re-enter the UK during this period.
However if your circumstances require you to leave, then when you re-enter on your Tier 4 visa during the post-study period, the Border Force Officer does still need to be satisfied that either you will be leaving the UK before your visa expires or "that you will submit an in-time application to extend your leave in the UK." It will be wise to carry in your hand luggage some evidence that you will be soon be making the SW application.