Find a Solicitor for your Skilled Worker Visa Application

Skilled Worker Visa

A skilled worker visa application is the process of applying for permission to live and work in the UK for a Home Office-approved employer. It is relevant to overseas nationals, including European Economic Area (EEA) citizens arriving in the UK from 01 January 2021, and to people already in the UK on a Tier 2 (General) visa who now need to apply under the Skilled Worker route.

To qualify, applicants must have a valid job offer from an approved sponsor and meet the points-based requirements for the route. This overview explains the main Skilled Worker Visa requirements, including sponsorship, eligible skill level, English language ability, salary and financial rules, the Certificate of Sponsorship and supporting documents, as well as when legal support may help strengthen an application.

This category replaces the former Tier 2 (General) route. If you currently hold leave as a Tier 2 (General) Migrant, any extension, change of employment, or settlement application must now be made under the Skilled Worker route.

Requirements for a Skilled Worker Visa

To succeed in a skilled worker visa application, you must score a total of 70 points under the UK’s points-based system. This consists of:

• 50 Mandatory (Non-Tradeable) Points
• 20 Tradeable Points

A valid passport and proof of English proficiency are commonly required supporting documents for a UK Skilled Worker Visa application.

You must also:

• Be aged 18 or over
• Provide your 5-year travel history
• Provide a Criminal Record Certificate (if applicable)
• Provide a TB Certificate (if required)
• Meet the financial requirements

These factors are central to visa eligibility and the wider eligibility criteria for your case. The exact requirements for a visa application, including the supporting documents, vary depending on your circumstances. Professional immigration advice is recommended.

Mandatory (Non-Tradeable) Points – 50 Points

1. Sponsorship – 20 Points

You must:

• Be sponsored by a UK employer that already holds a sponsor licence and the right worker sponsor licence before sponsoring a Skilled Worker
• Hold a valid Certificate of Sponsorship (CoS)
• Be sponsored for a genuine vacancy
• Be sponsored by an A-rated Home Office licensed sponsor
• Show maintenance funds (or have sponsor certification)
• Ensure Immigration Skills Charge has been paid

These sponsorship duties continue throughout the sponsored worker’s employment and are governed by the immigration rules.

2. Appropriate Job Skill Level – 20 Points

You must:

• Be sponsored under an eligible occupation code listed in Appendix Skilled Occupations
• Meet the required skill level, and the job must be at RQF Level 6 or above
• Ensure the role is genuine and not artificially created

Only eligible occupations under the correct occupation code meet the eligibility requirements for this type of visa. Using the wrong occupation code can lead to refusal.

UKVI will assess:

• The genuineness of the vacancy
• Your qualifications and experience
• The sponsor’s compliance history

3. English Language Requirement – 10 Points

You must demonstrate English at Level B1 (CEFR) in:

• Reading
• Writing
• Speaking
• Listening

You may meet this requirement if:

• You are from a majority English-speaking country
• You hold a degree taught in English
• You passed GCSE/A-Level English in the UK
• You previously met B1 in a prior application

Tradeable Points – 20 Points (Salary Requirements)

You must score 20 tradeable points based on the salary threshold and minimum salary for this work visa route.

You may qualify if:

• Your salary meets or exceeds £41,700 per year and the occupation’s going rate
• Meets the occupation’s going rate

Reduced salary thresholds apply if you:

• Hold a relevant PhD
• Hold a STEM PhD
• Work in a shortage occupation
• Are a new entrant to the labour market
• Work in listed health or education occupations

Applications can be refused if the minimum salary is not met.

Certificate of Sponsorship (CoS)

A valid Certificate of Sponsorship is essential. It must:

• Be issued by a Home Office-licensed sponsor
• Be issued within 90 days before your application
• Include your job details, salary, and PAYE information
• Confirm start date (within 3 months of application)
• Not have been previously used or withdrawn
• Have a unique reference number that you use in your worker visa application

If you change jobs, you need a new Certificate of Sponsorship before making a new application.

Incorrect Certificate of Sponsorship details can cause your visa application to be refused.

Genuine Vacancy Requirement

UKVI must be satisfied that the job is genuine and not created solely for immigration purposes. If doubts arise, your application may be delayed or refused. In some cases, compliance visits or interviews may take place.

Shortage Occupation

Jobs listed on the Shortage Occupation List benefit from reduced salary thresholds. These roles reflect areas where UK employers struggle to recruit local workers.

New Entrant to the Labour Market

You may qualify as a new entrant if:

• You are under 26
• You are early in your career
• You are applying for up to 3 years

New entrants benefit from reduced salary thresholds.

Financial Requirement

You must show at least £1,270 held for 28 consecutive days before applying, unless:

• Your A-rated sponsor certifies maintenance; or
• You have been lawfully living in the UK for 12 months

Criminal Record Requirement

If applying for entry clearance in certain occupations, you must provide a Criminal Record Certificate from countries where you lived for 12 months in the last 10 years.

Exemptions may apply where obtaining a certificate is impractical.

Immigration Skills Charge

Your sponsor must pay the Immigration Skills Charge for each Certificate of Sponsorship issued.

Duration of Skilled Worker Visa

Successful applicants are typically granted leave for up to 5 years, depending on the length of the Certificate of Sponsorship. This means you can usually stay in the uk for up to five years at a time, subject to the length of sponsorship. After a continuous period of lawful residence, some applicants may become eligible for indefinite leave to remain and later british citizenship if wider requirements are met, or ultimately become a british citizen. Dependants can apply to join the main visa holder, including partners and children under 18. Dependants can also work in the UK, except as professional sportspeople. Care Workers cannot sponsor family members since March 2024.

Conditions of Stay

If granted leave, you:

• May only work in the sponsored role
• May undertake supplementary employment
• May study (ATAS may apply)
• May need to register with the police
• If you are made redundant, your immigration status may be affected and your visa may be curtailed
• If you change employer or occupation code, you need to apply for a new skilled worker visa application and must meet the relevant requirements again

Your employer must report redundancy to the Home Office within 10 days, and you will typically have 60 days to find a new sponsor.

You cannot work for a new employer until your new visa is approved, and if no new sponsor is found, you must leave the UK before your visa expires.

How Our Immigration Lawyers Can Help

Our skilled worker visa solicitors provide business immigration and immigration law support on Skilled Worker Visa applications. We assist with:

• Detailed eligibility assessments, including checking requirements for applications made within the UK and outside the UK
• Strategic advice to strengthen applications
• Document review and preparation of supporting documents for the application process
• Drafting legal representations
• Online UK visa submission, with clear guidance because timing matters when an application is made
• Biometrics appointment arrangement
• Responding to Home Office queries
• Ongoing case management
• Clear guidance on processing times, including around 3 weeks for applications from abroad and up to 8 weeks for applications made inside the UK
• Advice on priority service, super priority, and other fast track options where available

We combine deep technical expertise with strategic legal thinking to maximise your prospects of success, and can provide expert advice and legal advice on refusals and administrative review if problems arise.