Skilled Worker Visa
Skilled Worked Visa Solicitors
Skilled Worker Visa Solicitors
Lexadeen Solicitors, are legal professionals who specialise in immigration and visa matters, particularly related to skilled work visas and permits. They assist individuals, employers, and employees in navigating the complex immigration system, ensuring compliance with UK immigration laws.
The services offered by work-related visa solicitors may include:
- Visa application and renewal assistance: They can help you prepare and submit visa applications, ensuring that all necessary documents and applications meet the requirements set by the Home Office.
- Sponsor licence applications: For employers looking to hire foreign workers, work visa solicitors can guide them through obtaining a sponsor licence, allowing them to employ foreign nationals legally.
- Work permit applications: If you are seeking employment in the UK and require a work permit, solicitors can assist in obtaining the appropriate permit based on your specific situation.
- Tier 2 General/Tier 2 Intra-Company Transfer visas are common for skilled workers coming to the UK for employment. Solicitors can help with the application process and eligibility criteria.
- Tier 1 Entrepreneur/Investor visas: If you wish to invest or start a business in the UK, solicitors can guide the necessary visa options.
- Tier 5 Temporary Worker visas are for individuals coming to the UK for temporary work. Solicitors can assist with the application and sponsorship process.
- Legal representation: Work-related visa solicitors can represent clients in appeals or legal proceedings if their visa application gets refused or if there are other immigration issues.
When choosing a work-related visa solicitor, it’s essential to ensure they are registered with the Solicitors Regulation Authority (SRA) or accredited by the Office of the Immigration Services Commissioner (OISC) for providing immigration advice.
What is a skilled worker visa
A Skilled Worker Visa is a type of work visa that allows skilled workers from outside the UK to work legally in the country. It is one of the main visas under the UK’s points-based immigration system.
To be eligible for a Skilled Worker Visa, applicants must have a job offer from a UK employer with a valid sponsorship licence. The job must be on the list of eligible occupations, and the employer must provide the employee with a Certificate of Sponsorship (CoS).
To qualify as a skilled worker, applicants must score enough points based on a valid job offer, meet the required skill level, speak English at a certain level, and meet the minimum salary threshold.
The Skilled Worker Visa is a popular option for skilled individuals who wish to live and work in the UK for an extended period. Designed to attract talented workers to fill shortages in the UK labour market, the skilled worker visa replaces the previous Tier 2 (General) visa category.
Once granted, the Skilled Worker Visa allows individuals to work for the sponsoring employer in the specified role for the duration of the visa. It also offers to extend the visa or apply for settlement (indefinite leave to remain) in the UK after a certain period of continuous residence.
What are the Requirements for a Skilled Worker Visa
To be eligible for a Skilled Worker Visa to the UK, applicants need to meet specific requirements under the points-based immigration system. As of my last update in September 2021, the requirements were as follows:
- Job Offer: You must have a job offer from a UK employer with a valid sponsor licence. The job offer must be for a skilled job on the list of eligible occupations.
- Certificate of Sponsorship (CoS): Your UK employer must provide you with a Certificate of Sponsorship (CoS). The CoS is a unique reference number that confirms the job offer and the employer’s sponsorship of your visa application.
- Skills and Qualifications: You must meet the required skill level for your job. Generally, the job must be at RQF Level 3 (equivalent to A-level) or above.
- English Language Proficiency: You must demonstrate a certain proficiency level. The acceptable ways to prove your English language ability include passing an approved English language test or holding an academic qualification that meets the English language requirement.
- Salary Threshold: You must meet the minimum salary threshold for the job. The salary requirement can vary depending on the job and the specific circumstances.
- Points Score: To qualify for the visa, you must score enough points based on the above requirements. You must score at least 50 points to be eligible.
What is an Eligible Occupation
Regarding Skilled Worker Visa applications in the UK, eligible occupations refer to the list of job roles and professions that are considered skilled and can get sponsored by UK employers for work visas. According to the UK’s Regulated Qualifications Framework (RQF), these occupations are classified based on their skill levels.
To be eligible for a Skilled Worker Visa, you must have a job offer that falls under one of the eligible occupations listed by the UK government. Generally, eligible occupations require skills and qualifications equivalent to RQF Level 3 or above, equivalent to A-level qualifications.
The list of eligible occupations can change over time to meet the demand for skilled workers in various sectors of the UK labour market. The specific occupations included in the list may vary depending on the country’s economic needs and workforce requirements.
To determine if your job role qualifies as an eligible occupation for the Skilled Worker Visa, refer to the official UK government website or consult a qualified immigration solicitor who can guide you through the process and provide the most up-to-date information.
Give us a call and we will be happy to assist you.
BOLTON: 01204 565006
STOKE-ON-TRENT: 01782 212903
Financial Requirements for a Skilled Worker Visa?
The financial requirements for a Skilled Worker Visa in the UK are as follows:
- Salary Threshold: To be eligible for a Skilled Worker Visa, The salary of the job offered must meet or exceed the minimum salary threshold. The specific salary requirement can vary depending on the occupation and the circumstances of the job offer.
- Appropriate Rate: Your salary must also meet the “appropriate rate” for the job. The “appropriate rate” is determined based on the standard salary for the particular occupation in the UK or the salary rate set out in the relevant Code of Practice.
- Maintenance Requirement: Besides the salary threshold, you must show that you have enough money to support yourself during your stay in the UK; this is known as the “maintenance requirement.” You can meet this requirement with personal savings, or your sponsor (employer) can certify that they will provide maintenance for you during your first month in the UK.
The general salary threshold for a Skilled Worker Visa in the UK is £25,600 per year. To put it more clearly, the job offer you receive must come with a salary that meets or exceeds this minimum amount to be eligible for the visa.
However, there are some exceptions to the general salary threshold:
- New Entrants: For certain occupations and new entrants to the job market (e.g., recent graduates), the salary threshold may be lower, typically at £20,480 per year.
- Shortage Occupations: If your job is on the Shortage Occupation List, the salary requirement may also be lower, as determined by the specific occupation’s guidelines.
- Ph.D. Holders and Relevant Doctorate: If you have a PhD in a relevant field, the salary requirement for a skilled worker visa may be reduced to £23,040 per year.
It’s important to note that meeting the salary threshold is just one aspect of the points-based system for the Skilled Worker Visa. You need to fulfil other requirements related to the job offer, English language proficiency, and maintenance funds to accumulate enough points to qualify for the visa.
How Do I Apply for a Skilled Worker Visa
We have made applying for a skilled worker visa very easy. To apply for a Skilled Worker Visa in the UK, you’ll need to follow these steps:
- Check Eligibility: Ensure you meet all the eligibility criteria for the Skilled Worker Visa, including having a job offer from a UK employer with a valid sponsor license and meeting the required skill level, salary threshold, and English language proficiency. Our immigration experts at Lexadeen Solicitors will be able to guide you through this process.
- Prepare Documents: We will help you gather all the necessary documents to support your application.
- Submit Application: Once we are 100% happy with all your application and supporting documents, we will submit your application to the home office for approval.
- Pay Fees: Part of the submission process is the application fee. You will need to pay the relevant visa application fee, which can vary depending on your circumstances and the duration of your visa. Your immigration solicitors will advise you on the amount and how to pay.
- Biometric Appointment: After we have submitted your application, your appointed skilled worker visa solicitor will help to schedule a biometric appointment at a Visa Application Centre (VAC) or an Application Support Centre (ASC). During this appointment, you’ll provide your fingerprints and photograph.
- Attend interview (if required): In some cases, you might get asked to attend an interview at the UK embassy or consulate in your country. If so, prepare for the interview and bring all the necessary documents.
- Wait for a Decision: After submitting your application and attending the biometric appointment (and interview if required), you’ll need to wait for a decision on your visa application. Processing times can vary, so be patient.
- Visa Outcome: If your visa application is successful, you’ll receive a vignette (sticker) in your passport, allowing you to travel to the UK. Upon arrival within ten days, you’ll collect your Biometric Residence Permit (BRP).
It’s crucial to ensure that all the information in your application is accurate and supported by the required documents. If you have any doubts or need assistance with your application, consider seeking advice from a qualified immigration solicitor or advisor to increase your chances of a successful visa application.
Why did my skilled worker visa get refused or rejected
A Skilled Worker Visa application may get refused for various reasons, and some common reasons include:
- Insufficient Points: The points-based system for the Skilled Worker Visa requires applicants to score a minimum number of points based on various criteria. The application may get refused if the applicant fails to meet the point’s threshold.
- Job Offer and Sponsorship Issues: The application may be accepted if the job offer is genuine and meets the required skill level or salary threshold. Additionally, if the employer’s sponsor licence is invalid or revoked, it could lead to refusal.
- English Language Proficiency: Applicants must demonstrate a certain English language proficiency level to qualify for the visa. The application may only be accepted if they meet the required level.
- Lack of Supporting Documents: Failure to provide all the necessary supporting documents or providing incorrect or insufficient information can lead to visa refusal.
- Criminal Record: If the applicant has a criminal record or a history of certain criminal activities, their visa application may get rejected.
- Previous Immigration Issues: If the applicant has previously violated immigration rules, had a visa refusal, or overstayed a previous visa, it can negatively impact their new visa application.
- Immigration Health Surcharge: Failure to pay the Immigration Health Surcharge (IHS) or provide evidence of payment can result in visa refusal.
- Non-Compliance with Immigration Rules: If the applicant has previously breached UK immigration rules, such as working without authorisation or overstaying, their application may get refused.
- Incorrect Fee Payment: If the required visa application fee needs to be paid correctly or is sufficient, the application may get rejected.
- Failure to Attend Biometrics Appointment or Interview: If the applicant fails to attend the required biometrics appointment or interview, their visa application may be accepted.
It’s essential to thoroughly review the visa requirements and guidelines before applying or submitting your skilled worker visa application. Suppose you need clarification on any aspect of the application process. In that case, seeking advice from our highly experienced immigration solicitors can be beneficial to avoid potential pitfalls and increase the chances of a successful visa application.
What should you do if your skilled worker visa application is refused
If your skilled worker visa application is refused, it can be stressful and challenging. However, you can take steps to address the refusal and appeal the decision. Here’s what you should do:
Review the Refusal Letter: Carefully read the refusal letter to understand the reasons for the visa refusal. The refusal letter will give you insights into what aspects of your application need improvement or clarification.
Seek Legal Advice: Consult with our qualified immigration solicitors, who can review your case, identify the reasons for the refusal, and provide guidance on the best course of action.
Reapply or Appeal: Depending on the reasons for the refusal, you might have the option to reapply or appeal the decision. If you believe there was an error in the decision or can address the issues raised in the refusal letter, reapplying with a stronger application might be possible.
Time Limits: Take note of any time limits for reapplication or appeal. Sometimes, there might be a specific period within which you need to lodge an appeal or submit a fresh application.
Rectify Errors: If your initial application had errors or omissions, rectify them in your new application or appeal. Provide any missing documents or additional evidence to support your eligibility.
Gather Strong Evidence: Provide clear and convincing evidence to support your case, especially if there were doubts about your job offer, qualifications, or financial situation.
Seek Judicial Review: If all other options are exhausted, and you believe there were significant errors or unfairness in the decision-making process, consider seeking a judicial review in the UK courts. Judicial Review is a complex legal process, so seeking legal advice is essential before taking this step.
Consider Other Visa Options: If reapplying or appealing is not possible or practical, explore other visa options that might suit your situation, such as an alternative work visa or a different immigration route.
Remember, immigration rules and requirements can be complex and subject to change, so seeking professional legal advice from our worker visa experts is crucial to understanding your options and improving your chances of a successful visa application.
Apply for a skilled worker visa with our help
If you need legal assistance with a skilled work visa or visa appeal, contact our immigration lawyers today. Our highly successful team of immigration solicitors and worker visa experts can assist in all types of worker visa applications, from Tier 1 applications and appeals to Tier 2 and Tier 5 (temporary work visas) applications.
You can contact our highly rated Stoke-on-Trent immigration department by calling 01782 212903 or our immigration solicitors in Manchester on 01204 565006.
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