SKILLED WORKER VISAS UK UNDER NEW POINTS BASED IMMIGRATION SYSTEM.
Tier 2 work visas for the UK have been replaced by Skilled Worker visas. This new visa is a route which ultimately leads to settlement or Indefinite Leave to Remain in the UK. Under this visa, your dependants (spouse/partner/children) will be able to apply simultaneously to join you in the UK and also qualify for Indefinite Leave to Remain.
In order to qualify under the scheme, anyone heading to the UK (including EU Citizens) from 1st January 2021 will need to score a total of 70 points.
This new Point Based System Visa no longer has the annual cap that the current Tier 2 General scheme has, making the application process open to a wider number of individuals.
Do I need a university degree to apply for the skilled worker visa?
A university degree will not effect your eligibility for a Skilled Worker Visa. It will instead depend on the job you will be doing in the UK.
Migration to the UK as a skilled worker will be granted to you if your job is found among the eligible occupations listed on Occupation Codes kept by the Office for National Statistics UK. In addition, it is mandatory that you fulfil the English language requirements and meet the minimum level of salary.
What is minimum salary threshold, going rate and new entrant salary rate for skilled worker visa eligibility?
The minimum salary threshold for skilled workers set out by the UK Government is £25,600 per year. Based on research, ‘going rate’ is the required minimum rate for an occupation deemed suitable. Therefore it is essential that the proposed minimum salary is the ‘going rate’ or salary threshold.
If however you find that your job is included on the Shortage Occupation List, it is possible that you may be entitled to a minimum of 80% of the salary threshold or going rate, depending which is higher.
Similarly, you may be paid a lower salary if your job is listed under the Health and Care Visa. To confirm this, please use the Skilled Worker Visa Points Calculator where you will be able to determine your eligibility.
To be eligible to apply, skilled workers will need to score 70 points in total. Points can be scored under the folioing categories:
Mandatory Points Requirement = 50 Points
You must score mandatory points from the three categories below:
Job Offer from an Approved UK Employer – 20 points
Job at appropriate skill level – 20 points
Knowledge of English language – 20 points
Tradeable Points Requirement = 20 Points
Tradeable points can be scored from the six categories below:
Salary of £20,480 (minimum) to £23,039 – 00 points
Salary of £23,040 to £25,599 – 10 points
Salary of £25,600 or above – 20 points
Job in a shortage occupation – 20 points
Education qualification: PhD
in job relevant subject – 10 points
Education qualification: PhD
in a STEM subject relevant to job – 20 points
To check if you would be able to score the essential number of points to qualify under the Skilled Worker Visa Scheme, please visit the Points Calculator for Skilled Worker Visa. This is an easy to use step by step points calculator to help you determine your eligibility.
Another considerable benefit for the skilled workers currently in the UK under Tier 2 Intra Company Transfer Visa (ICT), is that they are able to freely switch from Tier 2 ICT to a Skilled Worker Visa without a cooling off period. To see if you are suitable to switch we recommend that you visit the points calculator.
For any questions you may have regarding the UK Skilled Worker Visas, you will find answers on our FAQ page.
Without a sponsor license a UK employer will not be permitted to offer you a job and assign the necessary Certificate of Sponsorship. This may be a problem if an employer shows interest in sponsoring and employing you, but are not registered as an approved sponsor with the Home Office. In such circumstances we suggest that they contact us and we will be happy to assist them with the relevant Sponsor License application.
Please contact us today and we will be happy to help you in the visa process to ensure you have the relevant documents to satisfy the requirements.
SPONSORSHIP REQUIREMENTS FOR SKILLED WORKER VISA
In order to come to the UK as a skilled worker, it is mandatory that you are sponsored by a registered UK employer.
UK employers will only be able to sponsor a skilled worker in the UK if they are registered with the Home Office.
As a result of possessing a Sponsorship Licence under the present Tier 2 General scheme, UK employers will be registered under the new Points Based Immigration System.
As a registered sponsor, there are many requirements to comply with in order to ensure that only rightful skilled workers enter the UK. For example, employers will have to pass a Resident Labour Market Test prior to sponsoring a skilled worker. This is to establish that there are no other suitable candidates currently settled in the UK available to carry out the work.
If you are a UK employer looking to sponsor a skilled worker and apply with the Home Office, you will find relevant details on this section of the website. Alternatively you can contact us and we will discuss how to assist you further.
POINTS CALCULATOR FOR SKILLED WORKERS
For anyone including EU citizens who are coming to the UK to work, a total of 70 points will be required. These points include 50 mandatory points and 20 tradeable points.
Mandatory requirements include the below:
- The applicant will need a job offer from a licensed sponsor;
- The job must match or exceed the minimum skill level: RQF3 level or equivalent (A-level or equivalent qualification). It is not essential for workers to bear a formal qualification. Instead it is the level of skill of the job in question that is important.
- The applicant’s ability to speak English must be sufficient.
If the applicant has an applicable PhD, or their job is on the shortage occupation list, they will be able to score points for the salary offered for that job.
APPLICANT INFORMATION FORM
Simply fill in your details in the form below and you will be able to use the Points Calculator to find out your eligibility.
(Form is on website)
HEALTH AND CARE VISAS FOR UK FOR HEALTHCARE PROFESSIONALS UNDER TIER 2 PBS
To enable healthcare professionals to easily come to the UK, the new Health and Care visas were successfully introduced in July 2020. Unlike the Tier 2 Visas, this route benefits from having lower visa fees and there is no Immigration Health Surcharge to pay for healthcare professionals and their dependants.
If you are a citizen of a non EEA country who is qualified as a medical doctor, nurse, health professional or social care professional, you may be suitable to apply for a Tier 2 visa. This will only be possible if you have received a job offer from the NHS or an organisation/private hospital providing medical services or an organisation providing adult social care in the UK.
In order to proceed with an application for the Health and Care Visa you will need a Certificate of Sponsorship (CoS) from a licensed UK employer. This sponsorship will have to be registered with the Home Office which you can find on the Tier 2 Sponsors Register.
Below you will find a list of professions published by the Home Office which currently qualify for the Health and Care Visa:
SOC Code Occupation
2112 Biological scientists and biochemists
2113 Physical Scientists
2211 Medical Practitioners
2214 Ophthalmic Opticians
2215 Dental practitioners
2217 Medical Radiographers
2219 Health Professionals not elsewhere classified
2222 Occupational Therapists
2223 Speech and Language Therapists
2229 Therapy professionals not elsewhere classified
2442 Social Workers
How Manak Solicitors can help you:
For guidance on how to migrate to the UK as a healthcare professional, please contact us and we can provide information on areas including visa requirements, route specific registration and English language requirements.
SHORTAGE OCCUPATIONS LIST UNDER UK IMMIGRATION RULES:
Within the domestic UK market there is a number of skilled occupations where there is a limited availability of labour. These professions have been compiled in an official list (Shortage Occupation List) by the Migration Advisory Committee. Categories under Science, Technology, IT, Medicine, Education, Healthcare, Research, Creative and other sectors where there is acute shortage in the UK domestic market.
In order to filled these skilled roles, the UK Government makes exceptions in terms of granting migrant workers permission to come to the UK under the current Tier 2 work visas to occupy these professions in need of a labour force.
There are advantages for UK employers who are currently on the Register of Sponsors for Tier 2. These are listed below:
1.) Licensed sponsors and employers do not need to sit a
Resident Labour Market Test (RLMT)
2.) Priority allocation of Certificates of Sponsorship (CoS)
Similarly, there are benefits available for the skilled workers who come to the UK to fill the jobs listed on the Shortage Occupation List. These include the below:
1.) Lower visa fees for the migrants and dependants
2.) Exclusion from the minimum income threshold for Indefinite Leave to Remain (ILR) application
You may also benefit if you are an employer wishing to employ a migrant worker for any of the jobs on the Shortage Occupation List For example under the new points-based immigration system from 2021, the requirement to conduct Resident Labour Market Test will be waived. This means employers will be able to save time and effort in advertising the job and will not have to wait a month to complete the recruitment process.
The Shortage Occupation List regularly updates due to the changing demand and supply within the UK market. To find out if your profession is included, please see the current list below:
Table 1 – United Kingdom Shortage Occupation List:
(Table is on website – the content is specific i.e in date and alphabetical order so not something that can be re-written except the following which had explanations beside them)
3414 Dancers and choreographers:
These include skilled classical ballet and contemporary dancers whose standards satisfy internationally recognised United Kingdom ballet and contemporary companies. These companies must internationally recognised by a United Kingdom industry body such as the Arts Councils (of England, Scotland and/or Wales)
These include skilled orchestral musicians who are leaders, principals, sub-principals or numbered string positions. Their
standards should meet the requirements of internationally recognised UK orchestras who are internationally recognised by the Association of British Orchestras.
SWITCHING TO SKILLED WORKER VISA UK UNDER NEW IMMIGRATION RULES.
Under the new immigration rules, migrants will find it easier to switch to Skilled Worker Route without having to leave the UK.
These rules also require a twelve month ‘Cooling Off’ period for migrant workers under Tier 2 Intra Company Transfer. This involves migrant workers having to leave the UK for this duration before being able to re-apply for the current Tier 2 Work Visa.
Another benefit for those currently in the UK under Tier 2 Intra Company Transfer is that they may be eligible to switch to
Skilled Worker Route, and therefore qualify for ILR or permanent settlement in the UK. To find out if this switch is applicable to you, please use the Skilled Worker Visa Points Calculator.
Can my current employer sponsor me as a Skilled Worker, if I am currently under Tier 2 Intra Company Transfer?
At this stage the new immigration rules are not particularly clear. However in circumstances where your employer has a Tier 2 General Sponsor License (which will automatically be converted to Skilled Worker Sponsor License) and if you qualify for the Skilled Worker Route, it may be possible that you will be able to switch from Tier 2 Intra Company Transfer to Skilled Worker with your current employer. It is important to note that in order to make this switch, you will be required to meet all the conditions relating to the New Skilled Worker route.
However, if you find that your current Tier 2 Intra Company Transfer Sponsor Employer is not able to switch you to Skilled Worker Visa, it is advisable to seek a new employer.
Please refer back to this page frequently for updated guidance which will be issued by the UK Government in due course.
How Manak Solicitors can help you?
If you wish to find out if you are eligible to switch to a Skilled Worker Visa within the UK, and would like any documents assessed, we would be happy to help you. Please contact us and we will arrange an appointment to discuss your matter further.
If you are in the position where you have found a new employer who is happy to sponsor you, but does not hold a Sponsor License, we advise you to request they contact us so we can assist them with the process.
OTHER REQUIREMENTS FOR SKILLED WORKER VISA UK:
As part of the new points-based immigration system for the UK, the skilled worker visa requires a compulsory score of 50 mandatory points and 20 tradable points.
There are however other requisites in order to file a successful visa application as a skilled worker. These are set out below:
01. Maintenance or Financial Requirement:
Employers who are classified as an ‘A’ rated sponsor might be able
endorse the maintenance or financial requirement for both you and your dependants. If however your employer has not endorsed your
maintenance fund requirement, it is essential that before you submit your application you must show a bank balance that has not been interrupted for a minimum of three months. Without this maintenance requirement your application will be refused.
02. TB Test Requirement
If you are coming to UK for a period longer than 6 months, and are a resident in one of the countries listed by the Home Office, it essential that you take a tuberculosis (TB) test. This test should be conducted at a clinic approved by the Home Office. A TB certificate will be issued to you if your test is negative, and will be valid for 6 months.
A TB test may not be required if you have resided for 6 months in a country where TB screening is not required by the UK, and you have not travelled outside that country during that period.
03. Criminal Record Certificate
For individuals applying from outside the UK who will be working in a profession that covers either education, healthcare or social services, it is mandatory that you provide a criminal record certificate.
04. Documents for your Dependant Family Members
Documents to support any family members who are applying for a dependant visa will need to be included alongside your visa application. These documents can include a Marriage Certificate or Civil Partnership Certificate for your spouse or civil partner.
05. Documents must be in English
For any supporting documents that are not in English, you will need to acquire certified translation of them in English. It is important to note that supporting documents should be reviewed carefully, as if your visa application is refused the fee may not be refunded.
To ensure you and your dependants make a successful application, we are happy to assist you in completing all relevant forms, and review all necessary supporting documents. Please contact us today if you wish to discuss your application further.
FAQS FOR SKILLED WORKER VISA UNDER NEW POINTS BASED IMMIGRATION SYSTEM UK.
1. IF I SWITCH TO SKILLED WORKER VISA WITHIN THE UK, WILL MY PREVIOUS STAY BE COUNTED TOWARDS 5 YEARS CONTINUOUS STAY FOR ILR?
In order to be granted Settlement it is mandatory to have spent 5 years residing under the UK Skilled Worker Visa. This can be combined with any of the following visas during your stay:
1.) Global talent visa;
2.) Innovator visa;
3.) Tier 2 Generalvisa;
4.) Tier 2 Minister of Religion visa;
5.) T2 Sports Person visa;
6.) Representative of an Overseas Business visa;
7.) Tier 1 Migrant (excluding Tier 1 (Graduate Entrepreneur) visa.
2. HOW MANY POINTS DO I NEED TO QUALIFY FOR SKILLED WORKER VISA?
From 1st January 2021 you will be required to score 70 points in total to qualify for a Skilled Worker Visa under the UK’s new Points Based Immigration System.
3. HOW CAN I SCORE 70 POINTS FOR A SKILLED WORKER VISA FOR THE UK?
These points will be made up of 50 Mandatory Points and 20 Tradable Points.
4. HOW CAN I SCORE 50 MANDATORY POINTS FOR SKILLED WORKER VISA?
Mandatory points can be scored from the approved list below:
1.) Job Offer from an Approved / Licensed UK Employer – 20 Points
2.) Job at Appropriate Skill Level – 20 Points
3.) Knowledge of English at Required Level – 10 Points
To find out if you are eligible to score these 50 Mandatory points then please visit our Points Calculator to find your score.
5. HOW CAN I SCORE 20 TRADABLE POINTS FOR SKILLED WORKER VISA?
Tradable Points can be scored from the approved list below:
1.) Salary (higher of £25,600 and Going Rate) – 20 Points
2.) Salary (higher of £23,040 and 90% of Going Rate) – 10 Points
3.) Job on Shortage Occupation List – 20 Points
4.) Ph. D. in STEM subject relevant to the job – 20 Points
5.) Ph. D. in subject relevant to the job – 10 Points
To find out if you are eligible to score these 20 Tradable points then please visit our Points Calculator to find your score.
6. CAN I SWITCH TO SKILLED WORKER VISA WITHIN THE UK?
Switching to a Skilled Worker Visa will be possible if you currently reside in the UK under any one of the appropriate categories (including Tier 2 Intra Company Transfer Visa). As mentioned above, it is essential that you score 70 points to make this switch.
7. HOW CAN I FIND OUT IF THE JOB OFFER IS FROM AN APPROVED SPONSOR EMPLOYER?
An up to date list of trusted sponsors can be found on the Approved Sponsors’ Register published by the Home Office.