Q.1 What is “Skill Assessment” in the context of Skilled Worker Visa application?
- The applicant’s skills and qualifications must be assessed to ensure they meet the requirements of the job being offered. This assessment may consider factors such as educational qualifications, work experience, and professional certifications. During the assessment of your sponsor’s occupation code selection, the Home Office considers factors such as whether there is a genuine need for the job as described, whether you possess the necessary skills, qualifications, and experience required for the role, and the sponsor’s compliance history with the immigration system.
Q.2 What does the term ‘Job Offer’ entail in relation to CoS requirement? What is the significance of a ‘Genuine Job Vacancy’ in this context?”
- You must have a job offer from a Home Office-approved sponsor in the UK. Your job offer must be a genuine vacancy, meaning it is a legitimate and available position in the UK job market.
- The genuine vacancy requirement under the UK Skilled Worker visa route refers to the necessity of having a legitimate and bona fide job offer from a UK employer. To meet this requirement, the job vacancy must be genuine, real, available position within the UK market and must meet certain criteria. It should not be created solely for the purpose of obtaining a visa.
- The employer must genuinely intend to employ the individual in the advertised job role. They should not have any intention to deceive immigration authorities or misuse the visa route.
- The job offer should align with the applicant’s skills, qualifications, and experience. It should be a suitable match, demonstrating that the applicant possesses the necessary skills to perform the duties of the job.
- The job must offer an appropriate number of hours and a duration that is reasonable for the specific occupation. This ensures that the employment is substantive and not temporary or short-term in nature.
- The job offer must comply with all relevant UK employment laws, including the payment of the appropriate wages and adherence to employment regulations.
- The genuine vacancy requirement is in place to prevent abuse of the visa system and to ensure that individuals are not being exploited or misled by unscrupulous employers. It helps maintain the integrity of the Skilled Worker visa route by ensuring that only legitimate job opportunities are being considered for sponsorship. If there are reasonable grounds to suspect that the job being sponsored does not actually exist, is fraudulent, or has been primarily created for the purpose of applying for a UK Skilled Worker Visa, your application will be rejected. The Home Office also aims to ensure that you have not entered an arrangement where you will temporarily or permanently fill a position, engage in contract work that involves ongoing routine responsibilities, or provide continuous routine services to a third party who is not your sponsor. The intention is to prevent misuse or exploitation of the visa system.
Q.3 What is “Skill Level”?
- Your job must be at an appropriate skill level according to the Standard Occupational Classification (SOC) system.
- The appropriate skills level requirement for the UK Skilled Worker Visa is determined based on the Standard Occupational Classification (SOC) system. It is essential for both the job being offered and the applicant’s qualifications to align with the appropriate skill level requirements for the Skilled Worker Visa. Employers and applicants must carefully assess the job’s skill level and ensure that the applicant’s qualifications meet or exceed the required level to meet the visa criteria.
- Generally, the job offered must be at RQF (Regulated Qualifications Framework) level 3 or above. RQF level 3 is equivalent to A-level qualifications in the UK education system.
- The specific skills and qualifications required for a particular job (Job-Specific Skill Criteria) will depend on the nature of the occupation. Different roles and industries may have additional requirements or certifications specific to that field. You do not necessarily need to possess a formal qualification to meet the skill level requirement. Instead, it is the skill level associated with the job itself that determines whether the threshold is met.
Q.4 What is SOC – Shortage Occupation Classification List?
- Certain occupations that are deemed to have a shortage of skilled workers in the UK may have more relaxed skill level requirements. These occupations are listed on the Shortage Occupation List, and individuals applying for such roles may have more flexibility in meeting the skill level criteria. The UK Home Office provides a comprehensive list of eligible jobs and their corresponding skill levels in an Appendix to the Immigration Rules. Each eligible job is assigned a specific occupation code, and your sponsor must select an appropriate occupation code for your intended role. If the Home Office has reasonable grounds to believe that your sponsor has not chosen the most suitable occupation code, your application for a UK Skilled Worker Visa may be refused.
- Ensuring that your job falls within an eligible occupation code and meets the appropriate skill level is crucial to meeting the requirements for a UK Skilled Worker Visa. It is advised to work closely with your sponsor and verify that the selected occupation code accurately reflects the nature of the job being offered.
- Your Job must be part of Shortage Occupation List. A job listed in the Shortage Occupation List refers to a specific occupation or profession that is deemed to have a shortage of skilled workers within the UK labour market. The Shortage Occupation List is periodically reviewed to ensure its relevance and accuracy. Occupations may be added or removed based on changes in labour market conditions and demand for specific skills.
- A job in the shortage occupation list indicates that there is a recognized shortage of (certain) skilled workers in that field or industry within the UK. The shortage may be due to factors such as increased demand, limited supply of qualified workers, or specific expertise required for certain roles.
- The Shortage Occupation List is regularly updated by the UK government and includes a range of occupations across various sectors. Examples of occupations that may appear on the list include healthcare professionals (such as nurses and doctors), engineers, IT specialists, certain teaching and academic roles, and skilled tradespeople.
- Being employed in a job listed in the shortage occupation list can present unique opportunities for both employers and employees. For employers, it simplifies the recruitment process by easing certain immigration requirements, making it easier to hire skilled workers from outside the European Economic Area (EEA) and Switzerland. For individuals, it offers the chance to work in a field where their skills are in high demand, potentially benefiting from streamlined visa processes and advantageous immigration requirements.
Q.5 What is “Minimum Salary Threshold requirement” for Skilled Worker Visa?
- The Salary Threshold requirements for a UK Skilled Worker Visa refer to the minimum salary level that must be met or exceeded by the job offer to qualify for the visa. Here are some key details for the Salary Threshold requirements:
- The General Salary Threshold is set by the UK government and varies depending on the occupation and the applicant’s circumstances. The specific threshold is regularly updated, and it is important to refer to the latest information provided by the UK Home Office. If the general salary threshold is higher than the going rate for the occupation, the worker must be paid at least the general salary threshold. If the general salary threshold is lower than the going rate for the occupation, the worker must be paid at least the going rate. Additionally, the minimum hourly rate must be met if it applies to the occupation. In most cases, the general salary threshold is set at least £26,200 per year. However, if the worker can trade points based on specific criteria, the threshold may be set at least £23,580 or £20,960 per year. The general salary threshold is calculated based on actual gross earnings for a maximum of 48 hours per week. If the worker’s schedule results in uneven pay due to irregular hours, the average over a regular cycle (up to 17 weeks) should not exceed 48 hours per week. Rest weeks without pay are considered in determining whether the salary thresholds are met.
- The job offer must meet or exceed the Going Rate for the specific Occupation as determined by the UK Home Office. The going rate considers factors such as the skill level, responsibilities, and prevailing wages for similar roles in the UK. The going rate for the occupation is determined based on Table 1 or Table 2 of Appendix Skilled Occupations. Workers may be paid a percentage of the going rate if they meet certain tradable points criteria. The going rate is calculated based on a 37.5 hour working week.
- In addition to the general salary threshold, there may be a requirement to meet a Minimum Hourly Rate for certain occupations. This ensures that employees are compensated fairly based on the number of hours worked. If applicable, a minimum hourly rate of at least £10.75 per hour must be paid to the skilled worker.
- It is the responsibility of the sponsoring employer to ensure that the job offer meets the applicable salary threshold and minimum hourly rate. Employers are expected to comply with the salary and employment regulations set by the UK government.
- There are certain exceptions to the Salary Threshold requirements. For example, individuals switching from a Tier 2 (General) Visa to a Skilled Worker Visa may be eligible for a reduced salary threshold if they have been continuously employed in the same job since before April 6, 2011.
- It is important to note that meeting the Salary Threshold requirements is a crucial aspect of a successful UK Skilled Worker Visa application. Employers and applicants must carefully assess the offered salary to ensure it meets or exceeds the required thresholds. It is advisable to refer to the official UK government guidelines or consult with immigration professionals for the most up-to-date and accurate information regarding the specific Salary Threshold requirements for the visa application process.
Q.6 What is a Valid Certificate of Sponsorship?
- You must possess a valid Certificate of Sponsorship (CoS) for the specific job you intend to undertake.
- The CoS document must be issued by the sponsoring employer, who must hold a valid sponsor license from the Home Office. The employer is responsible for generating and assigning the CoS to the individual they wish to sponsor him/her for the specific job under the Skilled Worker route. Additionally, the CoS must confirm that it has not been used in a previous application that was either granted or refused, and it has not been withdrawn by the sponsor or cancelled by the Home Office.
- The CoS is a virtual document that confirms an individual’s sponsorship by a UK employer. It serves as proof that the employer has fulfilled the necessary obligations to sponsor the applicant for their intended job role.
- CoS is assigned a unique reference number, which is used for identification and tracking purposes throughout the visa application process.
- The CoS includes specific information about the job being offered, such as the job title, duties and responsibilities, skill level, and salary. It also indicates the location where the job will be performed.
- The CoS indicates the duration of the job offer, including the start date and potentially the end date. This helps establish the intended period of employment.
- The CoS includes details about the sponsoring employer, such as their name, address, and sponsor license This information confirms that the employer has been authorized by the Home Office to sponsor individuals for skilled work positions. It is important that your sponsor is listed as A-rated on the Home Office’s register of licensed sponsors unless you were previously granted permission as a Skilled Worker and are now applying to continue working for the same sponsor as in your previous permission.
- The CoS demonstrates that the job being offered is appropriate for sponsorship under the Skilled Worker Visa category. It verifies that the job meets the required skill level and is not in violation of any regulations.
- A Certificate of Sponsorship is typically issued for a specific individual and cannot be transferred to another person. It is personalized with the applicant’s personal details, including their name and passport information.
- The CoS is a mandatory requirement for the Skilled Worker Visa application. Without a valid CoS, an applicant cannot proceed with their visa application. The CoS should have been issued within three months before the date of your Skilled Worker visa application.
Q.7 What is English Language Proficiency?
You need to demonstrate your English language skills at the appropriate level. This can usually be done by passing an approved English language test or having an academic qualification taught in English.
The English language requirement for a UK Skilled Worker Visa application is an essential criterion that applicants must fulfil for a successful UK Skilled Worker Visa application. The key aspects of the English language requirements are:
- Applicants need to demonstrate their English language skills at the minimum competency level of CEFR (Common European Framework of Reference for Languages) B1, which is equivalent to an IELTS (International English Language Testing System) score of 4.0. This level ensures basic proficiency in English for effective communication.
- The Home Office accepts various approved English language tests to demonstrate language proficiency. These “Accepted English Language Tests” include IELTS, IELTS Life Skills, Trinity College London Secure English Language Tests (SELT), LanguageCert International ESOL SELT, and Pearson’s PTE Academic.
- Certain individuals may be exempt from providing an English language test result. Exemptions may apply if you are a national of a majority English-speaking country (e.g., the United Kingdom, the United States, Canada, Australia, etc.) or if you have attained a GCSE/A Level qualification in English or Scottish Highers in English during education in the UK or you have already provided evidence of having met the B1 language requirement in a previous successful application for entry clearance or permission to stay.
- Applicants must provide a valid proof of English language proficiency in the form of test result as part of their visa application. The test result must be obtained from an approved test provider and meet the required minimum score for the relevant language proficiency level.
- It is important to note that English language test results are typically valid for a specified period (e.g., two years). Ensure that your test result is within the valid timeframe at the time of your visa application.
Q.8 What is “Health Surcharge” requirement?
- You are required to pay the Immigration Health Surcharge as part of your visa application, which provides access to the National Health Service (NHS) in the UK.
Q.9 What is the “Immigration Skill Charge” requirement?
- The Immigration Skills Charge is a fee imposed by the UK Home Office on employers who sponsor skilled workers from outside the European Economic Area (EEA) and Switzerland under certain visa categories, including the Skilled Worker Visa. The responsibility to pay the Immigration Skills Charge lies with the sponsoring employer, not the individual visa applicant. Employers are required to pay the Immigration Skills Charge upfront each time when issuing a Certificate of Sponsorship (CoS) to a skilled worker. The charge amount varies depending on the size of the sponsoring employer and the duration of the sponsorship.
- It’s important to note that specific details regarding the Immigration Skills Charge may change over time as well as some categories of workers are exempt from paying the Immigration Skills Charge so you may consult our team to seek professional advice for the most up-to-date and accurate information regarding the charges.
Q.10 What is “Age” requirement?
- Applicant must be 18 years old or above.
Q.11 What is “Salary requirement”?
- You must be offered a salary that meets or exceeds the minimum salary threshold for the specific job which is based on the “going rate” for your occupation. Additionally, there may be a minimum hourly rate requirement, if applicable.
Q.12 What is the “Financial Requirements” for UK Skilled Worker Visa Application?
- The ‘Financial requirements’ for a UK Skilled Worker Visa refer to the criteria related to the applicant’s financial situation and ability to support themselves during their stay in the UK. Here is an explanation of the financial requirements:
- Applicants must demonstrate that they have “sufficient Maintenance Funds” to support themselves and any dependents without relying on public funds. The amount required depends on individual circumstances, such as whether the applicant has dependents and the length of the visa.
- The specific financial threshold varies based on factors like the applicant’s immigration status, location in the UK, and whether they have dependents. The required amount is periodically updated by the UK Home Office, so it is crucial to refer to the most up-to-date guidance at the time of making the application.
- Applicants must provide evidence of their financial ability to meet the maintenance funds requirement. This typically involves providing bank statements, payslips, or other relevant financial documents that demonstrate the availability of sufficient funds.
- The funds must be held for a specified period before the visa application. Typically, this is a consecutive 28-day period, ending no more than 31 days before the date of the application.
- Some individuals may be exempt from meeting the maintenance funds requirement, such as those applying as ‘New Entrants’ under certain circumstances or if they have been granted certain benefits or allowances in the UK.
- Meeting the financial requirements is an important aspect of a successful UK Skilled Worker Visa application. It ensures that applicants have the means to support themselves and their dependents while living and working in the UK. It is advisable to refer to the official UK government guidelines or consult with immigration professionals for the most up-to-date and accurate information regarding the specific financial requirements for the visa application process.
- The funds must have been held for a continuous period of 28 days, concluding no more than 31 days before submitting your application for a UK Skilled Worker Visa.
- Apart from the exemptions outlined below, it is mandatory to possess available cash funds of no less than £1,270
- An exemption from the financial requirement is granted if you have a fully ‘A-rated’ sponsor who is willing to cover your maintenance costs for the initial month of your employment, up to a minimum amount of £1,270, if necessary. Your sponsor must confirm this arrangement on your Certificate of Sponsorship.
- If you are seeking permission to remain in the UK and have already been residing with permission for a minimum of 12 months at the time of application, you will automatically satisfy the financial requirement and will not be required to demonstrate the availability of funds.
Is “Criminal Record Certificate” required to submit? Is it mandatory to submit?
- For individuals seeking entry clearance and being sponsored for specific occupations, primarily encompassing roles within the health, care, welfare, and education sectors, it is generally mandatory, unless deemed impractical, to furnish a criminal record certificate for any country in which you have resided for 12 months or more (whether continuously or cumulatively) since the age of 18, within the 10-year period preceding your visa application date. This requirement aims to ensure the thorough assessment of an applicant’s criminal history and mitigate potential risks associated with their employment in sensitive sectors.
- The ‘Criminal Record Certificate’ requirement for a UK Skilled Worker Visa pertains to the need for certain applicants to provide a criminal record check or certificate as part of their visa application process. Here is an explanation of this requirement:
- The purpose of the Criminal Record Certificate requirement is to ensure that individuals entering the UK under the Skilled Worker Visa route do not pose a risk to the public, national security, or the integrity of the immigration system.
- The specific eligibility for providing a Criminal Record Certificate can vary based on factors such as the applicant’s country of residence, the duration of their intended stay, and the nature of the job role they will undertake in the UK.
- Applicants may need to obtain and submit a Criminal Record Certificate from their home country or any other country where they have resided for a significant period. The certificate should include details of any criminal convictions, charges, or cautions that may be relevant.
- It is important to note that obtaining a Criminal Record Certificate may take time, as it involves a background check by the relevant authorities. Applicants should allow sufficient time to complete this process before submitting their visa application.
- The presence of criminal convictions or other relevant information on the Criminal Record Certificate does not automatically result in visa refusal. The UK Home Office considers the nature and circumstances of the offenses and assesses whether they pose a threat to public safety or national security.
- Certain job roles, particularly those involving work with vulnerable groups or in regulated sectors such as healthcare or education, may have stricter requirements regarding the Criminal Record Certificate. This is to ensure the safety and well-being of the individuals with whom the visa holder will interact.
- It is important to carefully review the specific requirements and guidance provided by the UK Home Office regarding the Criminal Record Certificate requirement for the Skilled Worker Visa to ensure compliance with this requirement.