Skilled Worker Visa Solicitors – Advice for Applicants and Sponsored Workers

Get specialist advice on your Skilled Worker Visa, including eligibility, sponsorship, Certificates of Sponsorship, salary requirements, switching, extensions, dependants and applications following previous immigration problems.

Discuss your Skilled Worker Visa with a solicitor before submitting your application.

Skilled Worker Visa

The Skilled Worker Visa is one of the principal immigration routes for overseas nationals who wish to live and work in the United Kingdom.

It enables eligible workers to work in the UK for an approved employer in a qualifying role. For many applicants, it can also provide a long-term immigration pathway, with the possibility of extending permission, bringing eligible family members and ultimately applying for Indefinite Leave to Remain (ILR) where the settlement requirements are met.

However, obtaining a Skilled Worker Visa involves much more than simply securing a job offer.

The applicant’s proposed employment, employer, Certificate of Sponsorship, occupation code, salary, English-language ability and immigration circumstances must all satisfy the relevant requirements.

At Knights & Shah Solicitors, our immigration solicitors provide clear and practical legal advice to individuals applying for Skilled Worker permission and to existing Skilled Workers dealing with changes in their employment or immigration circumstances.

We can assist with:

  • first Skilled Worker Visa applications;
  • applications from outside the UK;
  • switching to the Skilled Worker route from within the UK;
  • Skilled Worker Visa extensions;
  • changing employer;
  • changing occupation or employment;
  • Certificate of Sponsorship issues;
  • occupation-code and salary issues;
  • Skilled Worker dependant applications;
  • applications following Student or Graduate permission;
  • Skilled Worker Visa refusals;
  • Administrative Review where appropriate;
  • settlement and Indefinite Leave to Remain; and
  • planning the longer-term immigration route towards settlement and potentially British citizenship.

Our aim is not simply to complete an application form. We consider the immigration requirements surrounding the proposed employment and identify potential issues before an application is submitted.

 


 

What Is a Skilled Worker Visa?

The Skilled Worker Visa allows eligible overseas nationals to work in the UK in a qualifying job for an employer approved by the Home Office.

The route is based upon sponsorship.

This means an applicant will ordinarily require:

  • a genuine job offer;
  • an eligible occupation;
  • an employer authorised to sponsor Skilled Workers;
  • a valid Certificate of Sponsorship;
  • the required salary;
  • the required level of English; and
  • compliance with the other applicable Immigration Rules.

The Skilled Worker route can lead to settlement and qualifying dependent partners and children may also be able to accompany or join the main applicant.

A Skilled Worker Visa is not, however, an unrestricted work visa. Your permission is connected to the sponsored employment upon which the application is based.

 


 

Who Can Apply for a Skilled Worker Visa?

Eligibility depends upon the applicant’s individual circumstances, but an applicant will generally need to demonstrate that they satisfy the requirements of the Skilled Worker route.

This ordinarily includes demonstrating that:

  • the applicant has an eligible job;
  • the employer is approved by the Home Office to sponsor Skilled Workers;
  • the applicant has been assigned a valid Certificate of Sponsorship;
  • the job falls within an eligible occupation code;
  • the salary satisfies the applicable immigration requirements;
  • the applicant satisfies the English-language requirement;
  • any applicable financial requirement is satisfied;
  • any required criminal-record documentation is provided;
  • a tuberculosis certificate is provided where required; and
  • the applicant does not fall for refusal under the relevant suitability requirements.

A successful application therefore depends upon both the worker and the sponsored employment satisfying the Immigration Rules.

 


 

Do I Need a Job Offer for a Skilled Worker Visa?

Yes.

The Skilled Worker route ordinarily requires a qualifying job offer from a UK employer authorised by the Home Office to sponsor workers.

A normal employment offer by itself is not enough.

The employer must have the appropriate sponsor permission and must assign a valid Certificate of Sponsorship for the role.

The sponsored job must itself meet the relevant requirements.

This is why Skilled Worker applications need to be considered from both sides:

Is the applicant eligible?

and

Is the proposed sponsorship and employment eligible?

A weakness on either side can place the application at risk.

 


 

What Is a Skilled Worker Sponsor?

An employer wishing to sponsor workers under the Skilled Worker route generally needs to hold a valid Home Office sponsor licence with the appropriate permission.

A licensed sponsor has significant responsibilities.

These can include duties relating to:

  • record keeping;
  • reporting changes;
  • monitoring sponsored workers;
  • right-to-work compliance;
  • maintaining accurate worker information;
  • reporting certain changes to employment;
  • salary compliance; and
  • complying with the wider sponsor guidance.

The fact that an employer holds a sponsor licence does not automatically mean that every job within the organisation is suitable for Skilled Worker sponsorship.

The individual job and proposed sponsorship must still comply with the relevant rules.

 


 

What Is a Certificate of Sponsorship?

A Certificate of Sponsorship, often abbreviated to CoS, is an electronic sponsorship record assigned to the worker by the sponsoring employer.

Despite its name, it is not normally a physical paper certificate.

The Certificate of Sponsorship contains important information about the proposed employment, which can include:

  • the identity of the worker;
  • the sponsoring organisation;
  • the proposed job;
  • the occupation code;
  • salary;
  • working arrangements;
  • proposed employment dates; and
  • other sponsorship information.

The information contained within the Certificate of Sponsorship should be carefully checked before the Skilled Worker Visa application is submitted.

Errors or inconsistencies can create unnecessary difficulties.

 


 

Skilled Worker Visa Occupation Codes

An important part of a Skilled Worker application is identifying the correct occupation code for the proposed job.

Occupation codes are used to classify jobs and can affect:

  • whether the role is eligible for sponsorship;
  • the applicable skill requirement;
  • the going rate;
  • applicable salary requirements;
  • whether particular concessions or transitional provisions may apply; and
  • whether the role is subject to particular immigration restrictions.

A job title alone does not necessarily determine the correct occupation code.

Two employers may use the same job title for substantially different roles.

Equally, different job titles may describe work falling within the same occupation.

The actual duties and responsibilities of the proposed employment therefore matter.

 


 

Skilled Worker Visa Salary Requirements

Salary is one of the most important areas of a Skilled Worker application.

For many new Skilled Worker applicants, the general requirement is currently that the salary must be at least the higher of:

£41,700 per year

or

the applicable going rate for the occupation.

However, the Skilled Worker salary rules contain a number of different provisions and exceptions. Lower thresholds can apply in certain circumstances, including for some applicants relying upon particular salary options or transitional provisions.

This means that salary eligibility should not be assessed by looking at one headline figure alone.

 


 

What Is the Going Rate?

Different occupations have different salary going rates.

An applicant may therefore earn more than the general salary threshold but still fail to satisfy the Skilled Worker salary requirement if the applicable going rate for the occupation is higher.

For example, if the general threshold is satisfied but the relevant going rate requires a higher salary, the higher applicable requirement will ordinarily need to be met.

Conversely, some applicants may qualify under alternative salary provisions.

Correctly identifying:

the occupation code + applicable salary option + going rate

is therefore fundamental to assessing eligibility.

 


 

Can I Get a Skilled Worker Visa if I Earn Less Than £41,700?

Potentially.

The standard salary requirement does not apply identically to every Skilled Worker application.

Certain applicants may qualify under alternative salary provisions, including in circumstances involving particular qualifications, occupations or transitional arrangements.

Depending upon the applicable rules, relevant circumstances can include:

  • certain applicants with a relevant PhD;
  • certain applicants with a relevant STEM PhD;
  • qualifying new entrants;
  • specified healthcare or education occupations;
  • occupations covered by relevant salary-list provisions;
  • certain existing Skilled Workers; and
  • other transitional arrangements.

Some routes through the current salary framework can involve a general threshold as low as £33,400, but satisfying that figure alone does not establish eligibility: the relevant percentage or going-rate requirement must also be met.

Applicants should therefore avoid assuming that they qualify—or do not qualify—solely by comparing their salary against £41,700.

 


 

New Entrant Skilled Worker Visa

Some applicants at an earlier stage of their career may qualify under the new entrant provisions.

New entrant status is a specific immigration concept.

It does not simply mean that somebody:

  • has recently started working;
  • has just joined a company; or
  • has never previously worked in the UK.

Whether an applicant qualifies depends upon the requirements contained within the Immigration Rules.

Where available, new entrant provisions can affect the salary calculation and can make Skilled Worker sponsorship possible in circumstances where the standard salary requirements would not otherwise be satisfied.

 


 

Skilled Worker Visa and PhD Qualifications

Certain Skilled Worker applicants may be able to rely upon alternative salary provisions where they hold an appropriate PhD.

The relevance of the qualification to the sponsored role can be important.

Different provisions may apply depending upon whether the qualification is:

  • a relevant PhD; or
  • a relevant PhD in a STEM subject.

Applicants should not assume that simply holding a doctorate automatically entitles them to a reduced salary threshold.

The qualification, job and relevant salary option need to be considered together.

 


 

Immigration Salary List

Some occupations may fall within the Immigration Salary List.

This can affect the salary provisions applicable to a Skilled Worker application.

However, inclusion on the Immigration Salary List does not mean that an employer can pay any salary it chooses.

The applicant must still satisfy the applicable salary and going-rate requirements.

Because the lists and immigration requirements can change, eligibility should be assessed using the rules applicable when the application is being prepared.

 


 

Medium-Skilled Occupations and Transitional Arrangements

The Skilled Worker regime has undergone significant changes.

The current rules distinguish between different skill levels and contain transitional provisions affecting some workers who were sponsored under earlier rules.

This is particularly important for existing Skilled Workers.

A person already sponsored in an occupation that would face different requirements under the current rules may still be able to extend or update their permission if the relevant transitional conditions are satisfied.

For example, current government guidance provides transitional protection for certain workers in medium-skilled occupations whose first relevant Certificate of Sponsorship was obtained before 22 July 2025 and who have continuously held qualifying Skilled Worker permission.

This is why an existing Skilled Worker should not assume that the rules applying to a completely new applicant necessarily apply to them in exactly the same way.

 


 

English-Language Requirement

Skilled Worker applicants must satisfy the applicable English-language requirement unless an exemption or other qualifying provision applies.

For new Skilled Worker applicants, the current requirement is generally CEFR level B2 across the required components.

Existing Skilled Workers who held the route before the change to B2 can be subject to different provisions when extending or updating their permission.

English can potentially be demonstrated through different permitted methods depending upon the applicant’s circumstances.

These can include:

  • an approved English-language test;
  • an eligible UK academic qualification;
  • an eligible overseas qualification taught in English;
  • nationality in circumstances recognised by the Immigration Rules; or
  • previous satisfaction of the English requirement where the rules permit reliance upon it.

The appropriate evidence depends upon the applicant.

 


 

Financial Requirement

Some applicants may need to demonstrate that they have sufficient funds available to maintain themselves in the UK.

The applicable requirement depends upon matters including:

  • whether the applicant is applying from overseas;
  • how long they have already been lawfully present in the UK;
  • whether the sponsor certifies maintenance; and
  • the applicant’s individual circumstances.

Where personal funds are required, the evidence must comply with the financial requirements.

Simply having enough money on the date the application is submitted may not be sufficient if the funds have not been held in the required manner.

 


 

Criminal Record Certificates

Applicants seeking entry clearance for certain occupations may need to provide criminal-record certificates.

This can be particularly relevant to specified roles involving areas such as:

  • healthcare;
  • education;
  • social services; and
  • other occupations covered by the relevant requirements.

Whether this applies depends upon the occupation and the applicant’s circumstances.

 


 

Tuberculosis Testing

Some overseas applicants may need to provide a valid tuberculosis test certificate.

Whether a TB certificate is required depends upon matters including where the applicant has been living and the applicable immigration requirements.

Where required, the test generally needs to be undertaken through an approved clinic.

 


 

Applying for a Skilled Worker Visa From Outside the UK

An overseas applicant will ordinarily need to obtain the appropriate Skilled Worker entry clearance before travelling to the UK for the sponsored employment.

Before applying, the applicant should ensure that the core elements of the application are in place, including:

  • an approved sponsor;
  • an eligible job;
  • a valid Certificate of Sponsorship;
  • the correct occupation code;
  • an eligible salary;
  • English-language evidence;
  • financial evidence where required; and
  • any additional documents required by their circumstances.

A well-prepared application should tell one consistent story.

The application form, Certificate of Sponsorship, employment information and supporting evidence should not contradict one another.

 


 

Switching to a Skilled Worker Visa From Inside the UK

Many people who are already lawfully present in the UK may be able to switch into the Skilled Worker route without leaving the country.

However, switching is not available from every immigration category.

Certain categories are specifically prevented from switching into the Skilled Worker route from within the UK.

Applicants who cannot switch may need to leave the UK and make an entry-clearance application from overseas.

The applicant’s existing immigration permission should therefore be checked before a switching application is prepared.

 


 

Switching From a Student Visa to a Skilled Worker Visa

International students may, in appropriate circumstances, be able to switch directly from the Student route into the Skilled Worker route.

This can be an important option for graduates who have secured qualifying sponsored employment.

The rules contain specific conditions concerning matters such as:

  • completion of the relevant course;
  • the timing of the sponsored employment;
  • the applicant’s course and study status; and
  • PhD study in relevant circumstances.

It is therefore important to assess whether the applicant can switch immediately or whether another route or timing strategy is required.

 


 

Graduate Visa to Skilled Worker Visa

Graduate Visa holders may potentially switch to Skilled Worker permission where the Skilled Worker requirements are satisfied.

For many international graduates, the immigration journey may therefore look like:

Student Visa → Graduate Visa → Skilled Worker Visa → Indefinite Leave to Remain

However, a Graduate Visa is not always a necessary intermediate stage.

Where an eligible student has obtained suitable sponsorship and satisfies the switching requirements, it may be possible to move directly into the Skilled Worker route.

The best approach depends upon the applicant’s circumstances and longer-term immigration objectives.

 


 

Changing Employer on a Skilled Worker Visa

Changing employer is particularly important because Skilled Worker permission is connected to sponsored employment.

If you wish to work for a different employer, the new employer will generally need to:

  • hold the appropriate sponsor licence;
  • offer an eligible job;
  • satisfy the relevant sponsorship requirements; and
  • assign a new Certificate of Sponsorship.

The worker will generally need to apply to update their Skilled Worker permission.

Current government guidance confirms that a Skilled Worker normally needs to update their visa where they change employer or move to a job with a different occupation code, subject to the applicable rules.

You should not assume that obtaining a new job automatically transfers your existing immigration permission to the new employer.

 


 

Changing Jobs With the Same Employer

A new application can also become necessary where a Skilled Worker remains with the same employer but changes to a job falling under a different occupation code.

Not every internal change requires a fresh immigration application.

The answer depends upon the nature of the change.

Before accepting a materially different role or promotion, it is sensible to establish whether:

  • the occupation code changes;
  • the new job remains eligible;
  • salary requirements remain satisfied;
  • a new Certificate of Sponsorship is required; and
  • the Skilled Worker permission needs to be updated.

 


 

Skilled Worker Visa Extensions

A Skilled Worker can potentially extend their visa where the requirements continue to be satisfied.

An extension will commonly involve remaining:

  • in the same job;
  • under the same occupation code; and
  • with the same sponsoring employer.

Current government guidance confirms these as core conditions for the ordinary extension route.

Where the worker has changed employer or moved into a different occupation code, an application to update the visa may instead be required.

An extension should never be treated as automatic merely because the original application succeeded.

The worker must continue to satisfy the relevant rules.

 


 

Existing Skilled Workers and Transitional Salary Rules

This is a particularly important area.

Some workers who entered the Skilled Worker system before major salary changes may benefit from transitional arrangements.

For example, current government guidance confirms that certain people whose first Certificate of Sponsorship was issued before 4 April 2024, and who have continuously held Skilled Worker permission, may qualify under different salary requirements.

The applicant’s immigration history can therefore materially change the salary analysis.

Existing Skilled Workers should have their case assessed according to their own sponsorship history rather than assuming that the rules for a first-time applicant apply.

 


 

Can My Partner Come to the UK With Me?

A qualifying partner may potentially accompany or join a Skilled Worker as a dependant, subject to the relevant requirements and any restrictions applicable to the sponsored occupation.

A qualifying partner can potentially include a:

  • husband;
  • wife;
  • civil partner; or
  • qualifying unmarried partner.

The relationship must satisfy the relevant immigration requirements.

Recent changes have also introduced restrictions affecting dependants in certain sponsored occupations, meaning dependant eligibility should be checked rather than assumed.

 


 

Can My Children Come to the UK With Me?

Eligible children may also be able to apply as Skilled Worker dependants.

The requirements can differ depending upon:

  • the child’s age;
  • whether the child is under or over 18;
  • previous immigration status;
  • dependency;
  • living arrangements;
  • parental responsibility; and
  • the immigration position of the child’s parents.

Where a family intends to relocate together, dependant eligibility should ideally be considered as part of the main Skilled Worker strategy rather than as an afterthought.

 


 

Do Dependants Automatically Extend When the Skilled Worker Extends?

No.

A partner or child’s immigration permission does not automatically extend merely because the main Skilled Worker obtains an extension.

Current government guidance confirms that dependants need to make their own applications, either alongside the Skilled Worker or before their existing permission expires.

This is an important practical point for families managing different visa expiry dates.

 


 

How Long Can I Stay on a Skilled Worker Visa?

A Skilled Worker Visa can generally be granted for up to five years at a time, depending upon the period of sponsorship.

Provided the applicant continues to satisfy the requirements, Skilled Worker permission can potentially be extended repeatedly.

There is no general requirement to leave simply because a worker has spent five years on the route.

Instead, after the qualifying period, many Skilled Workers consider applying for Indefinite Leave to Remain.

 


 

Can I Have a Second Job on a Skilled Worker Visa?

Potentially, but the rules governing additional employment must be followed carefully.

Whether a worker needs to update their immigration permission can depend upon matters including:

  • the occupation;
  • number of additional working hours;
  • whether the additional role independently satisfies Skilled Worker requirements; and
  • the worker’s existing sponsored employment.

Current guidance states that an application to update permission is required for certain second jobs involving more than 20 paid hours per week, while some additional work of 20 hours or less can be permitted without an update where the relevant requirements are satisfied.

Workers should check the immigration position before beginning substantial additional employment.

 


 

Can I Study on a Skilled Worker Visa?

Skilled Workers are generally permitted to study while in the UK, subject to applicable conditions.

This can allow workers to undertake:

  • professional qualifications;
  • postgraduate study;
  • training;
  • continuing professional development; or
  • other education,

while continuing their sponsored employment.

Any applicable ATAS requirement must also be satisfied.

 


 

What Happens if I Lose My Job?

Losing sponsored employment can have immigration consequences because the Skilled Worker Visa is connected to the sponsored role.

If employment ends, the sponsor may have an obligation to report the change to the Home Office.

Depending upon the circumstances, the worker may need to consider:

  • finding another licensed sponsor;
  • obtaining a new Certificate of Sponsorship;
  • applying to update their Skilled Worker permission;
  • switching into another immigration category; or
  • leaving the UK if no lawful alternative is available.

Workers in this position should obtain advice promptly rather than waiting until their immigration position becomes urgent.

 


 

Redundancy on a Skilled Worker Visa

Redundancy can create both employment and immigration issues.

A Skilled Worker who is made redundant may need to secure alternative sponsored employment.

A new employer would generally need to be appropriately licensed and assign a new Certificate of Sponsorship.

The worker would then normally need to make the appropriate immigration application before commencing the new sponsored role in accordance with the rules.

Alternative immigration routes may also be relevant depending upon the worker’s:

  • family circumstances;
  • length of residence;
  • qualifications;
  • professional background;
  • partner’s immigration status; and
  • overall immigration history.

 


 

What Happens if My Employer Loses Its Sponsor Licence?

Sponsor-licence suspension or revocation can have serious consequences for sponsored workers.

The worker’s immigration position may be affected even though the compliance problem arose from the employer rather than the employee.

If a sponsor licence is revoked, affected workers may need to consider urgent alternatives, including securing sponsorship from another licensed employer where possible.

The precise consequences depend upon the Home Office action and the worker’s circumstances.

 


 

What Happens if I Am Promoted?

A promotion does not necessarily require a new Skilled Worker application.

However, the immigration implications depend upon what actually changes.

Important considerations include:

  • job duties;
  • occupation code;
  • salary;
  • employer;
  • sponsorship arrangements.

If the promotion results in a different occupation code, an application to update Skilled Worker permission may be required.

The immigration implications should therefore be considered before a significant change of role takes effect.

 


 

What Happens if My Salary Changes?

Salary is fundamental to Skilled Worker eligibility.

An increase in salary will not ordinarily create the same concerns as a reduction, but any material employment change should still be considered from a sponsorship perspective.

A reduction can be much more significant.

If the new salary falls below the applicable immigration threshold or going rate, the worker’s sponsorship and immigration position may be affected.

Employers and workers should therefore check the Skilled Worker requirements before implementing a salary reduction.

 


 

Does a Skilled Worker Visa Lead to Indefinite Leave to Remain?

Yes.

The Skilled Worker route is a route to settlement.

An eligible Skilled Worker may generally be able to apply for Indefinite Leave to Remain after five years of qualifying residence, provided all applicable settlement requirements are satisfied.

This makes long-term planning important from the beginning of the Skilled Worker journey.

 


 

Skilled Worker Visa to ILR

A Skilled Worker applying for settlement will need to satisfy requirements beyond simply having spent five calendar years in Britain.

Relevant considerations can include:

  • qualifying immigration residence;
  • continuous residence;
  • absences from the UK;
  • current sponsorship;
  • continuing employment;
  • applicable salary requirements;
  • Knowledge of Life in the UK;
  • English-language requirements where applicable; and
  • suitability requirements.

The sponsoring employer will also need to provide the required confirmation concerning continuing employment and salary.

 


 

Continuous Residence and Absences From the UK

Applicants seeking settlement must satisfy the applicable continuous-residence requirements.

Travel outside the UK can therefore become important.

Skilled Workers intending to settle should keep an accurate record of:

  • departure dates;
  • return dates;
  • business travel;
  • holidays;
  • overseas assignments; and
  • reasons for significant absences.

It is much easier to maintain this information throughout the qualifying period than to reconstruct five years of international travel immediately before an ILR application.

 


 

Skilled Worker ILR Salary Requirements

Salary remains relevant when applying for settlement.

For many applicants, the current general settlement salary requirement is the higher of:

£41,700 per year

or

the standard going rate for the occupation.

However, different requirements can apply to particular categories, including certain healthcare or education workers, Immigration Salary List occupations and workers benefiting from transitional provisions.

The correct settlement salary requirement should therefore be checked against the applicant’s own immigration and sponsorship history.

 


 

Life in the UK Test

A Skilled Worker applying for Indefinite Leave to Remain will generally need to satisfy the Knowledge of Life in the UK requirement.

This will ordinarily involve passing the Life in the UK Test unless an exemption applies.

Applicants should plan for this before their intended settlement application date.

 


 

Can a Skilled Worker Eventually Become a British Citizen?

Potentially, yes.

For many applicants, the long-term immigration journey can be:

Skilled Worker Visa

↓

Extension or Updated Skilled Worker Permission

↓

Indefinite Leave to Remain

↓

British Citizenship

British citizenship is not automatically granted after obtaining ILR.

It is a separate application with its own eligibility requirements.

However, the Skilled Worker route can provide the immigration foundation from which an eligible person later progresses to settlement and ultimately naturalisation.

 


 

Documents Required for a Skilled Worker Visa

The exact evidence required will depend upon the applicant’s circumstances.

A Skilled Worker application may involve documents and information concerning:

Identity

  • current passport;
  • previous passport or travel documents where relevant;
  • evidence of existing UK immigration status where applicable.

Sponsorship

  • Certificate of Sponsorship reference;
  • sponsor information;
  • job details;
  • occupation code;
  • salary and employment information.

English Language

Depending upon how the requirement is satisfied:

  • approved English-language test;
  • eligible academic qualification;
  • appropriate confirmation concerning an overseas degree;
  • evidence establishing an applicable exemption.

Finances

Where required:

  • appropriate financial evidence; or
  • confirmation that the sponsor has certified maintenance where permitted.

Additional Requirements

Depending upon the applicant:

  • tuberculosis certificate;
  • criminal-record certificate;
  • professional registration;
  • qualification evidence;
  • ATAS certificate;
  • previous immigration documentation.

Dependants

Where family members apply:

  • marriage or civil partnership evidence;
  • relationship evidence where required;
  • children’s birth certificates;
  • dependency evidence;
  • financial evidence where applicable.

Not every applicant will require every document listed above.

The correct evidence depends upon the particular application.

 


 

Common Skilled Worker Visa Problems

Some Skilled Worker applications appear straightforward until the underlying sponsorship and immigration details are examined.

Potential problems can include:

  • incorrect occupation code;
  • salary below the required level;
  • misunderstanding the applicable going rate;
  • invalid or incorrect Certificate of Sponsorship;
  • sponsor-licence issues;
  • job duties inconsistent with the occupation code;
  • insufficient English-language evidence;
  • maintenance evidence problems;
  • switching restrictions;
  • previous immigration breaches;
  • dependant eligibility problems;
  • incorrect application category;
  • inconsistencies between the CoS and application;
  • genuine-vacancy concerns;
  • missing documents; and
  • misunderstanding transitional provisions.

Identifying these issues before submission can be considerably easier than trying to resolve them after a refusal.

 


 

Genuine Vacancy Concerns

The Home Office can consider whether the proposed sponsored employment is genuine.

Problems can arise where there are concerns that:

  • the job does not genuinely exist;
  • the role has been created primarily to facilitate immigration permission;
  • the duties do not correspond with the occupation code;
  • the applicant is not genuinely capable of performing the role; or
  • the sponsorship arrangements do not reflect the real employment.

Employers should therefore use accurate job descriptions and genuine occupation codes.

Applicants should also understand the position for which they are being sponsored.

 


 

Skilled Worker Visa Refusals

A Skilled Worker Visa application can be refused for a variety of reasons.

These can include:

  • sponsorship problems;
  • incorrect occupation code;
  • ineligible employment;
  • salary problems;
  • failure to satisfy the applicable going rate;
  • invalid Certificate of Sponsorship;
  • English-language evidence problems;
  • financial evidence issues;
  • suitability concerns;
  • previous immigration breaches;
  • document inconsistencies;
  • concerns about the genuineness of the vacancy; or
  • failure to satisfy another requirement of the Immigration Rules.

A refusal does not necessarily mean that there is no further option.

The first step should be to identify why the Home Office refused the application.

 


 

Can I Challenge a Skilled Worker Visa Refusal?

Depending upon the circumstances, there may be different options following refusal.

These can potentially include:

  • Administrative Review;
  • making a fresh Skilled Worker application;
  • correcting a sponsorship issue;
  • obtaining a new Certificate of Sponsorship;
  • correcting supporting evidence;
  • considering another immigration route; or
  • in appropriate circumstances, considering whether a public-law challenge is available.

The correct strategy depends upon the actual refusal decision.

Submitting another application without understanding why the first application failed can result in the same problem occurring again.

 


 

How Long Does a Skilled Worker Visa Application Take?

Processing times depend upon whether the application is made from inside or outside the UK and the particular circumstances.

For applications to extend or update Skilled Worker permission from within the UK, current government guidance states that a decision is usually made within eight weeks, although cases can take longer where additional checks or evidence are required.

Faster decision services may sometimes be available.

Applicants should avoid making irreversible travel or employment arrangements solely on the assumption that a decision will arrive on a particular date.

 


 

How Much Does a Skilled Worker Visa Cost?

The overall cost can depend upon:

  • the type of Skilled Worker application;
  • whether the application is made inside or outside the UK;
  • length of permission requested;
  • occupation;
  • application fee;
  • Immigration Health Surcharge;
  • whether dependants are applying;
  • whether an optional faster decision service is used; and
  • professional legal fees where representation is instructed.

Government fees can change.

For that reason, applicants should confirm the applicable fees at the point at which their application is prepared rather than relying upon historic figures found online.

 


 

Contact Us

If you require advice contact Knights & Shah Solicitors.

We provide clear, solicitor led advice, strategic case planning and robust court representation to protect our clients.

Skilled Worker Visa FAQs

For an initial sponsored application, you normally need a job offer and Certificate of Sponsorship from an approved Scale-up sponsor.

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