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Skilled Worker Visa (formerly TIER 2 General) 

There are five categories of skilled worker applicants who need a sponsor's certificate of sponsorship to apply for a visa based on the certificate:

 

Jobs in UK

  • Skilled Worker Visa (formerly TIER 2 (General))
  • Social Care Worker visa (under visa category 'Skilled Worker visa')
  • Minister of Religion Visa (previously known as TIER 2 (Minister of Religion))
  • International Athlete Visa (formerly TIER 2 (Athlete))
  • This is the new visa category under Global Business Mobility (previously known as TIER 2 Intra-Company Transfer)
  • Healthcare Worker Visa (formerly TIER 2 (Healthcare Visa))

Skilled Worker Visa:

Applicants must have an overall score of at least 70 to successfully apply for a UK Skilled Worker visa and they can achieve the following points under the Attributes, English Language and Maintenance Funding programmes.

The Home Office will now check whether applicants are genuine and whether they intend to meet the visa conditions they applied for.

 A. Scoring Section

Initial application: 

Applicants must score 50 points under this section and can apply based on: 

Applicants will be awarded 30 points for a valid certificate of sponsorship provided by an employer that meets any of the following requirements: The job pays £155,300 or more per annum; the job is on the Shortage Occupation List; 

Appropriate salary and allowances: 20 points. According to the code of practice, the job must pay at least the 'going wage' for the occupation and at least £20,800 a year.

Applicants must use the points earned in the subsection above to claim a total of 50 points

Visa extension application:

Applicants who already hold a Tier 2 (General) visa (issued under the old immigration rules) will receive 50 points under the attribute, provided they work for the same employer and in the same position, Therefore, the new rules will not affect those who wish to continue working in the same position and with the same employer.


II English Language:

Under the Skilled Worker visa category, applicants are required to provide evidence of a certain level of English speaking, communication and comprehension. This can be done in three ways:

  • By becoming a national of one of the most English-speaking countries, i.e. USA, Australia, Canada, etc
  • Possess a degree-level qualification from an English-speaking country
  • Pass an approved B1 CEFR-compliant English language test (eg IELTS: 4.0)
  • Applicants will receive 10 points for this.

The following will also automatically receive 10 points under this section:

Those last approved visas under the Tier 2 category issued under the old immigration rules (provided evidence of meeting the English language requirement) and applying for an extension within the same category.

The last person to get a Tier 1 (Entrepreneur) vacation.

Persons applying for a job change where: the applicant has provided evidence that the English language requirement is met.

III. Maintenance Fund (Living Expenses)

Applicants need to score 10 points in this section to obtain a visa. This can be achieved by:

The applicant has been in the UK in the past 12 months using the following visa categories: Tier 2 General Visa (issued under the old rules), Skilled Worker Visa, Ground Crew on a Foreign Airline, Clergy, Missionary or Member of a Religious Community, Foreign Media representative; or

Have at least £1,270 in the applicant's personal bank account for 28 consecutive days prior to applying themselves as the main applicant; or The applicant's sponsor provides official confirmation that, if necessary, he will help the immigration financially and provide housing within the first month of employment. Such applications will only be accepted by sponsors with Category A licenses.

Living expenses for dependents: If the applicant intends to bring them to the UK, the applicant will need to provide an additional £285 for his/her spouse and £315 for the first child, for each additional dependent £200 for children. The applicant's sponsor will also be able to prove the potential employee's dependents to support themselves.

B. Transitional measures:

The following person who wishes to extend their stay in the same status will be able to apply under Tier 2 (General) Transitional Measures (under the old immigration rules), who has been or was last approved as:

  • Representatives of foreign newspapers, news agencies or broadcasting organizations
  • Operating ground staff of an overseas airline
  • Tier 2 (general) immigration issued under the old immigration rules
  • In this case, they will receive 50 points for the attribute and 10 points each for the English language and maintenance sections.

C. Validity of Skilled Worker Visa:

Applicants who have successfully obtained entry clearance may be granted a visa for a period equal to the length of work shown on their certificate of sponsorship plus 1 month, or a maximum of 6 months (based on the start date of work shown on their certificate of sponsorship) for a period of two years, whichever is shorter,

If the application is for a change of work, those who are already Tier 2 (General) issued under the old immigration rules may be approved up to the end date of the work shown on their certificate of sponsorship plus 14 days, or up to five years, or they require Extend their total stay in the skilled worker visa category to six years (from the date of their first entry permit or stay), whichever is shorter.

D. Allowed to work

Applicants for a residence permit or entry permit under the skilled worker visa category will be allowed to undertake supplementary work that must meet the following criteria:

  • outside normal working hours;
  • not more than 20 hours per week;
  • At the same professional level as the work that issues the certificate of sponsorship.
  • In addition to supplemental employment, applicants may also engage in unpaid voluntary work.

E. What work is not allowed?

Skilled worker visa workers cannot be self-employed, start a business or join another business as a director or partner without permission from the Home Office.

In the case of a limited company, they are also not allowed to hold more than 10% of the shares in the sponsoring company (unless applying under the intra-company visa category or those earning more than £155,300).

F Switching Rules

If all requirements are met, the following persons can be converted to one of the above work visa categories:

  • Tier 1 immigration
  • Tier 2 immigrants issued under the old immigration rules
  • Tier 2 (athletes, ministers of religion) visas issued under the old immigration rules

Tier 2 (Intra-Company Transfer: Permanent Employee) visa and you are applying to change your sponsor issued under the old immigration rules

Healthcare Worker Visa (formerly known as Tier 2 (Healthcare Visa))

Tier 5 (Temporary Worker - Creative and Sporting) working as a professional football player and you meet the Tier 2 (Athlete) requirements issued under the old immigration rules.

Start up

  • Dependent partner of a person on a student visa
  • Operational ground staff of an overseas airline
  • Representatives of overseas newspapers, news agencies or broadcasters
  • Converting from a student visa

In order to be able to switch from a student visa to a skilled worker visa, you must have one of the following qualifications:

  • UK bachelor's degree
  • UK master's degree
  • Graduate Certificate in Education
  • Graduate Diploma of Professional Education

Other student visa categories are:

  1. student
  2. student nurse
  3. student retakes

Overseas qualified nurse or midwife

Essay writer:

 Postgraduate doctor or dentist

Student Union Sabbatical Officer

The following rules are in force for this visa category:

The general salary threshold has been reduced from £30,000 to £25,600; this salary can be 'exchanged' when other requirements are met, including having a work-related PhD; PhDs in work-related STEM subjects; jobs in shortage occupations; New entrants (modify this definition to allow for sponsored postdoctoral research positions; those currently in the process of attaining professional qualifications; and those who were on the student route up to 2 years prior to application); or in the listed health or work in education.

  • Sponsors will no longer be required to undergo a resident labour market test.
  • The 12-month "cooling-off period" and the maximum 6-year route stay have been removed.
  • The £35,800 salary threshold for indefinite leave applications will be removed and replaced by £25,600 or the prevailing rate for that occupation.
  • Immigration rule changes effective April 6, 2021

The minimum wage threshold for the skilled worker route needs to be calculated by the hour, not just annually. The minimum wage must not be less than £10.10 an hour, even if the annual salary is above £25,600 (or the lower annual threshold for new entrants, job shortages and those with PhDs).

Additionally, sponsor a UK skilled worker company who believes the worker is now eligible for one of the lower salary thresholds (for example, if the person somehow obtained a PhD after starting work) and want to reduce their salary to For lower thresholds, a new application must be lodged with the Home Office.

Administrative review (entry permit, extension and settlement applications)

If an application for entry clearance, extension or settlement is refused by a UK diplomat or the Home Office ECO, the applicant will have the right to request a review of the decision. This right must be exercised within 28 days from the date of service of the decision if the application is made outside the UK and 14 days if the application is made within the UK, Applicants can only rely on information/documents already submitted with the application and must not provide or submit any new evidence with the request for examination.

 Therefore, it is strongly recommended to seek professional help when making justification for a request for review.

Settlement prospects:

Skilled worker visa workers can complete a UK permanent settlement application for a total of five years in the following categories, with a recent skilled worker visa or Tier 2 stay (issued under the old immigration rules):

Tier 1

  •  Minister of Religion Visa (previously known as TIER 2 (Minister of Religion)
  •  Athlete visa (previously known as TIER 2 (athlete)
  •  Healthcare Worker Visa (previously known as TIER 2 (Healthcare Visa)
  • Representatives of overseas newspapers, news agencies or broadcasters

What services can we provide?

We can advise on the procedures for skilled worker visa applications based on a certificate of sponsorship We can assess job and applicant details and advise applicants on the likelihood of applicants being sponsored for a skilled worker visa We can advise and represent our clients in making their application for residence permit/entry permit based on the certificate of sponsorship We can advise and represent the client's dependents in seeking dependent visas that match the principal applicant's visa. If an applicant's application is rejected for any reason, we can file a request for administrative review

We can advise those who have completed a five-year qualification period in the UK to apply for indefinite leave to remain In any event, we are here to assist, advise and represent our clients in any aspect of their immigration matters.

 

 

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