Skilled Worker Visa (formerly known as TIER 2 General)
There are five categories of Skilled Worker applicants who will require a sponsorship certificate from their sponsors in order to make a visa applications in line with the certificate:-
Skilled Worker Visa (formerly known as TIER 2 (General)
Minister of Religion Visa (formerly known as TIER 2 (Minister of Religion)
Sportsperson Visa (formerly known as TIER 2 (Sportsperson)
Intra-Company Visa (formerly known as TIER 2 (Intra-Company Transfer)
Health and Care Worker Visa (formerly known as TIER 2 (Health and Care Visa)
Skilled Worker Visa
The applicants are required to score at least 70 points in total to successfully apply for the required visa and they can claim the following points under the heads of Attributes, English Language and Maintenance:-
The Home Office will now check that applicants are genuine and that they intend to meet the conditions of the leave they apply for.
A Scoring Sections
The applicant has to score 50 points under this section that can be claimed on the following bases:
The applicant must claim 50 points in total using points earned in the above subsections.
Applicants who are already on a Tier 2 (General) visa (issued under the old immigration rules) will be given 50 points under Attributes provided they are working for the same employer and at the same position. The new rules therefore will not affect those who wish to continue working at the same position and same employer.
II English Language
Under the Skilled Worker Visa category, applicants are required to provide evidence that they speak, communicate and understand the English language to a certain level. This can be done in three ways:
The applicant will earn 10 points for this.
The following persons would also be automatically given 10 points under this section:
The applicant will need to score 10 points under this section to obtain a visa. This is possible in the following ways:
Exemptions: The following persons having leave to remain or leave to enter would automatically qualify for 10 points:
Maintenance for Dependants: The applicant will require showing an extra £630 for each of his dependants in addition to the £945 that he requires for himself or herself.
B Transitional Measures
The following persons who wish to extend their stay in the same capacity would be able to apply under Tier 2 (General) transitional measures (under the old immigration rules) where he or she has or was last granted leave as a:
In this case, they would be awarded 50 points under Attributes, and 10 points each in the English language and Maintenance sections.
C Duration of Skilled Worker Visa
D Work Allowed
Applicants having leave to remain or leave to enter under the Skilled Worker Visa category would be allowed to take supplementary employment that must meet the following criteria:
In addition to the supplementary employment, the applicants are also allowed to take unpaid voluntary employment.
E What work is not allowed?
Skilled Worker Visa workers are not allowed to enter self-employment, set-up a business or join another business as a director or partner without obtaining permission from the Home Office.
They are also not allowed to hold more than 10% shares in the sponsor company if it is a limited (unless applying under the Intra-Company Visa category or those who earn £155,300 or more).
F Switching Rules
The following persons are able to switch into one of the above categories of the Worker Visa, provided they fulfil all the requirements:
Switch from a Student Visa
In order to be able to switch from a Student visa to a Skilled Worker Visa you must have obtained one of the qualifications below:
The other student visa categories are:
The following rules become effective for this visa category:
Changes to the immigration rules effective from 06 April 2021
The minimum salary thresholds for the Skilled Worker route need to be worked out by the hour, not just annually. Minimum pay can be no less than £10.10 an hour, even if the annual salary is above £25,600 a year (or the lower annual thresholds for new entrants, shortage jobs and people with PhDs).
Also, sponsoring UK companies of Skilled Workers who think that the worker now qualifies for one of the lower salary thresholds (e.g. if the person has somehow acquired a PhD since starting the job) and wants to reduce their pay to that lower threshold will have to submit a fresh application to the Home Office.
Administrative Review (Entry clearance applications only)
If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right to make a request for a review of the decision that must be exercised within 28 days of the date of service of the decision. The applicant will only be able to rely on the information/documents already submitted with the application and will not be allowed to provide or submit any fresh evidence with the review request.
It is therefore strongly advised to take professional help while making grounds for making review request.
Appeals (In country Applications only)
Applicants whose Skilled Worker Visa extension applications are refused will be given full rights of appeal, provided they are not left with any leave to remain in the UK at the time of the decision. In these appeals, applicants are no longer allowed to make use of fresh evidence in order to challenge the decision of the Home Office (unless appealing on human rights, asylum or race discrimination grounds) and can rely only on the evidence submitted with the application. The applicant will have 10 working days from the date of service of decision to lodge an appeal against that decision.
It is strongly advised to seek professional assistance in lodging an appeal against any decision of Home Office.
Skilled Worker Visa workers can apply for permanent settlement in the UK on completion of a total of five years in the following categories, most recently having Skilled Worker Visa or Tier 2 leave to remain (issued under the old immigration rules):
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