With the UK having left the EU, Immigration specialist Nishil Patel answers some frequently asked question about the new Skilled Worker Visa.
From 1st January 2021, any non- European or European national, who is seeking to work in the UK, may need to obtain a skilled worker visa.
Frequently Asked Questions
What is the skilled worker visa?
The skilled worker visa replaced the Tier 2 general sponsored worker visa. This enables businesses to sponsor non-European and European nationals, to work in the UK from 1st January 2021.
When is the skilled worker visa route opening?
The new visa route has been open since 1st December 2020. At the same time, the current Tier 2 General route, has closed to new applicants.
Do I need to apply for another sponsor licence to sponsor employees for this visa?
If you currently have a sponsor licence, you do not have to take any action, and you will be able to sponsor employees through the skilled worker visa.
If you do not have a sponsor licence, and are seeking to hire non-European or European nationals to work for you, then you can apply for a sponsor licence (subject to meeting the application requirements).
What are the general requirements of the skilled worker visa?
- An applicant will need to obtain a minimum of 70 points.
- The general salary level will be £25,600. The applicant must be paid at this rate, or the standard rate for the specific job role, whichever is higher.
- The points are tradeable, so the applicant could still qualify for sponsorship if their role was on a shortage occupation and they did not meet salary criteria.
- The skills criteria for roles is being reduced to NVQ Level 3, which means a lot more roles from a wider range of sectors including junior level/administrative roles, would be available for sponsorship.
- An applicant will need to meet the English language requirement.
Do we still need to complete the Resident Labour Market test?
No, you are no longer required to complete the Resident Labour Market test prior to sponsorship. Although, you are advised to ensure that the role is still a genuine role needed for your organisation.
Do we still have to apply for a restricted certificate of sponsorship each month?
No. This is no longer a requirement, and an organisation can use their normal general annual unrestricted allocation limit to sponsor individuals from inside the UK, and apply for a certificate of sponsorship for individuals coming from outside the UK. The quota limit has also been abolished.
What else is changing?
- Individuals who are on dependant visas, Tier 2 Intra Company Transfer visas, Tier 5 Youth Mobility visa can switch to a skilled worker visa in the UK. They will no longer need to apply from outside the UK.
- There will not be a minimum salary threshold requirement for settlement visa applications.
- The cooling off period will be abolished for the skilled worker visa.
Will the cost of the visa change?
The cost of the visa will be the same as a Tier 2 General application. The organisation will still have to pay the immigration skills charge and an applicant will still have to pay for the immigration health charge. The immigration health charge increased from £400 per year to £624 per year from 27th October 2020.
What is happening with Tier 2 Intra Company transfers (ICT)?
The visa will still exist. The salary threshold for high earners will be reduced to £73,900 per year.
An individual on a Tier 2 ICT visa, cannot have held an ICT visa for longer than 5 years in any 6-year period, or 9 years in any 10-year period if they are a high earner.
It will be possible, for an individual on a Tier 2 ICT visa to switch to a skilled worker visa in the UK. This will enable an individual to have a route to settlement once they are on a skilled worker visa.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
