Are you looking to work in the UK? If you do not have British or Irish citizenship, you will require a visa to live and work in the UK. There a number of visa routes, including the Home Office’s flagship Skilled Worker visa route for those coming to work on a permanent or temporary basis, and several categories of Temporary Work visas.
Major changes to the Skilled Worker visa route were introduced in April 2024. At Thorntons, we specialise in Immigration Law and can advise on the latest updates to the Immigration Rules. We can guide you through the options available to you and support you through the visa application process.
Frequently asked questions
Here we answer some frequently asked questions about UK work visas.
What is the Skilled Worker visa route?
The Skilled Worker visa – previously known as the Tier 2 (General) visa – is part of the ‘points-based’ system introduced by the UK Government to attract highly skilled workers from around the world.
To be eligible for the Skilled Worker visa, you must meet the following requirements:
- Job offer: You must have a valid job offer from a UK employer who holds a sponsor licence.
- Skill level: The job offer must be for a role which is at a skill level equivalent to RQF level 3 or above – as detailed in the Home Office’s Skilled Occupations list.
- English language: You must pass an approved English language test at level B1 or above (assessing all four components: listening, speaking, reading and writing) or hold an English-taught academic qualification recognised by the Home Office.
- Salary requirement: If you are applying for your first Skilled Worker visa, you will normally need to meet a minimum salary threshold of £38,700 or the ‘going rate’ for your role – whichever is higher. However, there are exceptions to this for some roles, including many health and social care roles. There are also exceptions for workers who have a valid Certificate of Sponsorship dated before 4 April 2024. These exceptions are highly complex, and we recommend you take specialist immigration before making your visa application.
- Maintenance funds: You must demonstrate that you can support yourself and any dependants financially during your stay in the UK or your employer must certify your maintenance.
Why do EU citizens need skilled worker visas?
Free movement for EU citizens to the UK ended after Brexit. From 1 January 2020, EU citizens who do not have immigration status under the EU Settlement Scheme need to have a visa to work in the UK.
What are the eligibility requirements for a Skilled Worker Visa?
To be eligible for a Skilled Worker visa you need a qualifying job offer that meets the salary requirements from an employer that has a sponsor licence. You will also need to meet other requirements like the English language requirement.
What are the Temporary Work visa routes?
The Temporary Work visa routes – previously known as Tier 5 (Temporary Worker) visa routes – are designed for individuals who wish to come to the UK temporarily to undertake specific types of work or participate in specific activities. There are several categories, including Creative Worker, Charity Worker, Religious Worker, Government Authorised Exchange, International Agreement and Seasonal Worker.
The Temporary Work visa routes require sponsorship by a licensed UK employer. You will be required to meet validity, suitability and additional eligibility requirements for each of these Temporary Work visa routes.
How can I find a sponsoring employer?
You can find an up-to-date list of sponsors on the UK Government website.
The UK company must be a licensed sponsor to employ you. The sponsor will assign you a Certificate of Sponsorship, which acts as confirmation that you have the skillset, experience and qualifications to be sponsored for the role. The Certificate of Sponsorship is then used to make your visa application.
How long does the application take and how much does it cost?
The earliest you can apply for a Skilled Worker visa or for a Temporary Work visa is three months before the proposed start date of your UK job, as detailed in your certificate of sponsorship.
Applications generally take at least three weeks if you are applying from outside of the UK. If you are applying from within the UK, applications generally take 8 to 12 weeks. For an additional fee, you can opt for the Priority or Super Priority Service to receive a decision more quickly. These services mean you will receive a decision within five working days or one working day of your biometric appointment respectively.
You can find up-to-date visa application fees on the UK Government website for both the Skilled Worker visa and Temporary Work visa routes.
Can I extend my visa?
You can normally extend a Skilled Worker Work visa. After five years on the Skilled Worker visa route, you may be eligible to apply for Indefinite Leave to Remain subject to meeting the requirements in the Immigration Rules.
You cannot usually extend a Temporary Work visa. However, there are certain exceptions to this, and we can advise you on the relevant extension restrictions and your visa options.
Can I change jobs with a Skilled Worker Visa?
Yes you can change job with a Skilled Worker visa but you will have to submit a new visa application if you change employers. You may also have to submit a new visa application if you switch roles for your existing employer.
Can I appeal if my application is unsuccessful?
You cannot appeal a refusal to an immigration judge. However, Skilled Work and Temporary Worker refusals can be challenged through ‘Administrative Review’. This involves an internal review of the decision by the Home Office.
You must submit your Administrative Review within 14 days of the refusal if you submitted your application from inside the UK and within 28 days if you submitted your application outside the UK. An Administrative Review can be a lengthy process and, in many cases, a fresh application may be a better option.
Our Immigration Solicitors can advise you on your appeal options and best course of action.
How can Thorntons help?
Navigating the UK Work visa application process and the labyrinth of Home Office Guidance and Immigration Rules can be overwhelming. Even a minor mistake can lead to delays, refusals or rejections from the Home Office.
At Thorntons, our team of experienced immigration lawyers understands the intricacies of UK immigration law and can provide you with expert guidance throughout the entire process. We will provide you with regular updates on the progress of your application and address any queries or concerns you may have to ensure that your immigration needs can be met.
Our services include:
- Initial Consultation: We offer a fixed fee initial consultation of £350+VAT. We will assess your eligibility for the Skilled Worker and Temporary Work visa routes and discuss your individual circumstances to ensure that you are able to apply for the visa route that is specific to your needs and long-term goals.
- Full Service: We will help you gather the necessary documents and thoroughly review your supporting evidence to ensure that it meets the requirements. We will complete and submit the application forms on your behalf and provide a legal representations letter to the Home Office explaining how you meet the requirements.
- Sponsor Licence: If your potential employer does not hold a sponsor licence, we can advise and assist them in obtaining one.
If you are considering the Skilled Worker or Temporary Work visa routes or need expert assistance with any other immigration matter, call us on 03330 430350 to schedule a consultation with us or complete an online enquiry form and we will contact you
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