At the end of 2020, the Home Office made changes to the new points-based immigration system. The Skilled Worker route opened for applications and replaced the Tier 2 (General work visa) route. Whilst there are a number of similarities between Tier 2 (General) and the Skilled Worker route, changes have been implemented to allow employers to sponsor a wider workforce from outside the UK. These adjustments appear to make the system much more flexible and may encourage migrants to see the United Kingdom as a more appealing destination. The new points-based system will include a route for skilled workers who have a job offer from an approved employer sponsor.
This is a points based application. The applicant must score 70 points in total. These will be made up of mandatory and “tradeable” points, as follows:-
MANDATORY 20 Points – sponsorship by a licenced sponsor
MANDATORY 20 Points – job at the correct skill level for sponsorship
MANDATORY 10 Points – English language level at B1 (CEFR)
20 points must be claimed for the salary. All jobs are classified using a “Standard Occupational Code (SOC). The SOC determines the “going rate” or minimum salary required for the position.
The applicant can score the required 20 points if they meet the criteria listed in Option A below.
Option A – 20 points
A Salary of at least £26,200 per annum;
At least £10.75 per hour; and
At least the going rate for the SOC
If the applicant’s salary is less than the above, they may be able to score the required 20 points by “trading points” for other “attributes” or “characteristics” under Options B – F below.
Option B – 20 points
A PhD in a subject relevant to the sponsored job and a salary of:
At least £23,580 per year;
At least £10.75 per hour; and
At least 90% of the going rate for SOC
Option C – 20 points
A PhD in a STEM subject relevant to the sponsored job and a salary of
At least £20,960 per year;
At least £10.75 per hour; and
At least 80% of the going rate for the SOC
Option D – 20 points
Job that falls on the UK shortage occupation list and a salary of
At least £20,960 per year;
At least £10.75 per hour; and
At least 80% of the going rate for the SOC
Option E – 20 points
Applicant falls under the definition of a “new entrant” to the labour market and they have a salary of
At least £20,960 per year;
At least £10.75 per hour; and
At least 70% of the going rate for the SOC
Option F
A Job which falls under the Home Office confirmed list of health or education jobs and a salary of:
At least £20,960 per year; and
At least the going rate for the SOC
The maximum one time one can apply for is 5 years at a time. It is possible to apply for any period up to 5 years in a single application. The visa will be issued in line with the dates given by the sponsor on the Certificate of Sponsorship. For example, someone employed on a 1 year (fixed term) contract, may be assigned a Certificate of Sponsorship with start and end dates that align with their employment contract. Although they were initially sponsored for a year only, the employer can sponsor an extension application, to allow the employee to keep working for them in the same or different role. With a new CoS, the person can make an application from inside the UK to extend their Skilled Worker visa.
A Skilled Worker can bring visa dependents which include the spouse, unmarried partner and under 18 children.
From January 2021, any job offered to an overseas worker will need to be at a required skill level of RQF3 or above (this is equivalent to A level). Unlike its predecessor – where the skill level required was at RQF6 with a couple of exceptions where the skilled level was lower, such as nurses, and chefs – migrants applying for a Skilled Worker visa will not need to hold formal qualifications. However, the skill level of the job they will be doing will determine whether the threshold is met.
Unlike Tier 2 (General) where the minimum salary to sponsor from overseas was £30,000, the Skilled Worker visa has a current salary requirement of at least £26,200. Employers looking to recruit under the Skilled Worker route will need to pay the skilled worker a salary which equals or exceeds this salary threshold as well as the “going rate” for the occupation (as set out in the Standard Occupational Classification system), whichever is higher.
However, it is possible for those using the Skilled Worker route to in fact be paid less than the new general salary, where they will be given additional “tradeable points” for other attributes. This is something new and different to the old Tier 2 General route. Examples of those skilled workers with a lower salary are as follows:
The new entrant to the job market
The so-called ‘new entrant’ criteria can be met in a number of ways. They must be under the age of 26 at the time of application, the applicant is a recent graduate or about to graduate, those sponsored in postdoctoral research positions along with those working towards professional qualifications, registration or chartered status are included. Students who were on Tier 4 at any time in the two years before they apply under the Skilled Worker route will benefit from the new entrant position.
Skilled Worker Sponsorship Cap
The cap on the number of migrants entering the UK has been suspended, meaning there is no set number of how many migrants should be allowed under the Skilled Worker route.
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