Skilled Worker Visa

Before applying for a UK visa, the sponsoring UK employer must provide the worker with a valid Certificate of Sponsorship (CoS) to ensure they meet sponsorship requirements. This unique reference number is essential for the Skilled Worker visa application and can only be issued by licensed sponsors.

There are two types of CoS: defined and undefined, replacing the previous restricted and unrestricted CoS. Undefined CoS are for those already in the UK switching immigration routes or applying from within the UK or abroad. Defined CoS are for skilled worker visa applicants from outside the UK.

Sponsors must apply for defined CoS, specifying job and salary details. UKVI allocates undefined CoS to sponsors annually, based on factors like workforce size. Unused CoS are removed yearly, and sponsors can apply for more if needed.

To be eligible for a Skilled Worker Visa, you should receive a job offer from a UK employer which must meet all the following requirements:

• The job must be eligible for the visa, under the new Skilled Worker Visa route, your role must be skilled to at least RQF level 3 (roughly equivalent to A-levels).
• You must be paid the minimum salary or “going rate” for the type of work you will be doing. The minimum salary is at least £25,600 per year.
• Your employer must have been approved by the Home Office and hold a valid Certificate of Sponsorship
• You must hold an occupation code. If you have already received a job offer, you must ask your employer for your code.

Also, you must be able to prove that you are being sponsored by the employer to undertake a vacancy that is genuine. If the Home Office believes the job is only created so you can apply for the Skilled Worker visa or it is a sham, your application will be refused.

The Skilled Worker visa application fees range from £625 to £1,423, depending on your circumstances.

When applying for your visa, you also need to take the following expenses into account:

• Healthcare surcharge – £624 per year
• You must have at least £1,270 available to demonstrate that you can support yourself when you arrive in the UK. You might be exempt if you have already been in the UK with a valid visa for at least 12 months, or if the employer can cover your costs during your first month in the UK.

Applying from outside the UK:

• Up to 3 years: £610 for each applicant
• Over 3 years: £1,220 for each applicant

Applying from within the UK (switching, updating, or extending):

• Up to 3 years: £704 for each applicant
• Over 3 years: £1,408 for each applicant

Shortage occupation roles:

• Up to 3 years: £464 for each applicant
• Over 3 years: £928 for each applicant

Your partner and children can apply to join you as your dependants in the UK provided that they are eligible. You can include the following members of your family in your application:

• Your husband or wife, civil partner, or unmarried partner
• Your children under 18
• Your children over 18 if they are already staying in the UK as your dependants and are not married.

When submitting your application, you must provide evidence of your relationship.

The application process for a Skilled Worker visa is done online.

After filling out your application, you must prove your identity. You can either provide your biometrics (fingerprints and photograph) at a visa application centre or scan your identity document using the ‘UK Immigration: ID Check’ app.

You will also have to pay the application fees and submit the documents.

The above process can only be taken if you are outside the UK. If you are within the UK, you will have to apply to switch to a Skilled Worker visa from the visa you currently use to stay in the UK. Note that if you are on any of the visas below, you cannot switch:

• Visitor visa
• Short-term student visa
• Parent of a Child Student visa
• Seasonal worker visa
• Domestic worker in a private household visa
• Immigration bail
• Permission to stay outside the immigration rules

If you are on any of the above visas, you will have to leave the UK first and apply from outside the UK.

You can submit your UK visa application up to 3 months before the day you are due to start work in the UK. This date can be found in your certificate of sponsorship.

Depending on your circumstances, the Home Office may need extra time to review your documents and prove your identity. For this reason, you should always allow extra time and submit your application in time.

It usually takes about 3 weeks to receive a decision from the Home Office if you are outside the UK. If you are already living in this country, you may need to wait up to 8 weeks.

Your Skilled Worker visa is due to expire after a certain number of years, depending on your circumstances. You can apply to extend your permit if you meet the following requirements:

• You have the same job as when you were first granted your visa
• Your job is in the same occupation code as when you were given permission to enter the UK
• You are still working for the same employer who sponsored your current application.

Your family can apply for a visa extension, but they will need to submit a separate application.

If you got CoS before 24^th November 2016

If you have already applied to extend your visa before 24 May 2023, your minimum salary requirement is fixed at a lower rate. This means that you need to be paid at least £20,800 per year.

If you got your CoS on or after 24^th November 2016

If you apply to extend your visa before 1^st December 2026, you need to meet the new salary requirements. Your salary may also include allowances, if they are guaranteed for the length of your stay.

If you need support with your Skilled Worker Visa application, contact our offices in London, Manchester, or Birmingham, or use our office finder to find your closest office.

Switching to the UK Skilled Worker Visa from other visas is possible for individuals who meet the eligibility criteria. Here are the general steps and requirements:

• Check Eligibility: Make sure you have a visa that allows switching to a Skilled Worker Visa, such as certain work and student visas.
• Secure a Job Offer: Get a job offer from a UK employer with a Skilled Worker sponsorship license, meeting skill and salary requirements.
• Certificate of Sponsorship (CoS): Your employer provides you with a CoS, a unique reference number necessary for your application.
• English Proficiency: Meet English language requirements, either through a test or recognised qualification.
• Funds: Have enough money to support yourself, unless your employer commits to covering your expenses in the CoS.
• Apply Online: Use your CoS reference to apply online, including filling forms and providing documents.
• Biometrics: Attend a biometrics appointment for fingerprints and a photo.
• Healthcare Surcharge: Pay the healthcare surcharge for access to the National Health Service (NHS).
• Wait for Decision: Wait for a decision from the Home Office, checking processing times on their website.
• Collect BRP: If approved, collect your Biometric Residence Permit (BRP) to confirm your immigration status and entitlements in the UK.

Skilled Worker Visa refusal

There are a number of reasons why your Skilled Worker Visa application may be refused. Some of the most likely reasons include:

• Not fully completing the application form
• Not fully paying the application fee or other associated costs
• Not including an accurate certificate of sponsorship reference number or job code
• Not submitting the appropriate, relevant supporting documents to accompany your application demonstrating your eligibility
• Not meeting the 70 points requirements on the points-based system
• Not having a clean immigration and criminal history

Alternatively, you may experience a Skilled Worker refusal if your employer does not have the correct sponsor licence and necessary documentation.

What can you do if your Skilled Worker Visa is refused?

If your Skilled Worker Visa application is refused, you have a number of options available, depending on your circumstances. The most common option is administrative review.

Applications may be refused in the following situations:

• Initial application for the Skilled Worker Visa
• Switching to the Skilled Worker Visa
• Renewing or extending the visa

If you receive a notice of refusal on your application, you have a limited period of time to apply for an administrative review of the decision. You have 28 days to file the request if you applied outside the UK, or alternatively, 14 days if you applied inside the UK.

The Home Office (UKVI) will respond to your request within 28 days with a decision. If you are unsatisfied with the outcome of this decision, you may have the option to file a pre-action protocol for judicial review. You may be eligible to submit a request for a judicial review if you are unsatisfied with this decision.

If your Skilled Worker Visa is refused, we recommend speaking to an experienced immigration lawyer as soon as possible to explore the available options. We can assist you with submitting the form for administrative review, preparing the case grounds, and representing you until the matter is resolved.