Skilled Worker visa

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About the Skilled Worker visa

With a worker sponsor licence, you can sponsor international skilled workers to work for you in Scotland. They’ll need a Skilled Worker visa.

Here you can read about:

• The requirements for sponsoring a skilled worker
• How to apply for a Skilled Worker visa

Skilled workers need:

• A confirmed job offer that is eligible for this visa and is considered highly skilled
• An annual salary of at least £38,700 or the ‘going rate’ for the job, whichever is higher
• English language skills at level B1 or above on the Common European Framework of Reference for Languages (CEFR) (coe.int)

As a sponsor, you’ll need to:

• Have a valid worker sponsor licence
• Give the skilled worker a valid certificate of sponsorship
• Pay a fee of £239 to give a certificate of sponsorship
• Pay the Immigration Skills Charge at £364-£1000 per year, if this is needed
• Understand and follow your sponsorship duties

The certificate of sponsorship must show that the job and salary meet the visa requirements.

Skilled workers can work in the job and for the sponsor named on their visa application. They can also work in a second job for another employer as long as their visa conditions allow it.

If a skilled worker wants to change a job or employer they need to update their visa (gov.uk)

How to apply

Workers can apply online  from outside the UK (gov.uk)

If they meet the requirements, workers can apply to switch to a Skilled Worker visa from inside the UK (gov.uk). For example, someone with a valid Student or Graduate visa may be able to switch to a Skilled Worker visa.

If they meet the requirements, workers can apply to extend a Skilled Worker visa from inside the UK (gov.uk)

To apply, skilled workers need to:

• Have an eligible job offer (gov.uk)
• Have a certificate of sponsorship from a sponsor
• Complete an online form
• Pay the application fee and Immigration Health Surcharge
• Prove their identity
• Send their supporting evidence to the Home Office

To prove their identity, skilled workers can either:

• Use the UK: Immigration ID Check smartphone app
• Have their fingerprints and photograph taken at a visa application centre

A certificate of sponsorship automatically expires after three months. This means a worker must apply for a visa within three months from the date on the certificate.

Who can get a Skilled Worker visa

To be eligible, skilled workers must:

• Be 18 or over
• Have an eligible job offer (gov.uk)
• Speak, understand, read and write English to level B1 on the Common European Framework of Reference for Languages (CEFR) (coe.int)
• Have savings of £1270 for at least 28 days before the application. That is unless they are exempt, or you agree to cover their expenses for the first month as their sponsor

 Workers must have a job offer before applying for a Skilled Worker visa.

 Eligible jobs are listed with a:

•  Four-digit code
•  Job title
•  Minimum salary, known as the ‘going rate’

On 4 April 2024, the minimum salary increased to £38,700 a year. This does not apply to some health and education jobs.

For skilled workers that came to the UK, or switched, before 04 April 2024, the old rules apply. Read about the rules that apply to Skilled Workers before 04 April 2024 (gov.uk)

The ‘going rate’ is the annual minimum gross salary for a 37.5-hour working week for a specific job (gov.uk) This can range from £30,960 to £84,100, for those under the new rules, depending on the skilled worker’s job.

A worker must also be paid a minimum hourly rate of £15.88 for a 37.5-hour week.

To work longer or shorter hours, the salary must be pro-rated and still meet the minimum hourly rate.

There are discounts for workers that:

• Hold a PhD
• Are new entrants
• Have a job on the immigration salary list (gov.uk)

Discounts can reduce:

• The starting salary to a minimum of £30,960, instead of £38,700
• The going rate to anywhere between £30,960 and £75,690

You must offer a new worker whichever works out highest out of the minimum hourly rate, the starting salary and the going rate.

Who is suitable for a Skilled Worker visa

Workers need to be ‘suitable’ for a Skilled Worker visa.

The Home Office will consider the following:

• A person’s character
• If someone has followed UK immigration rules in the past
• Any criminal history

Dependants

Partners and children can apply to join a Skilled Worker in the UK if they meet the requirements. They can apply online (gov.uk)

A partner includes:

• A spouse
• A civil partner
• An unmarried partner, if they have been in a relationship for at least two years

 A child is someone:

• Under 18, or
• Over 18 if they are already in the UK as a worker’s dependant

The worker will need to pay extra fees for a partner or children. Read about the requirements for a partner and children of a Skilled Worker visa (gov.uk)

Supporting documents

Skilled workers need to send the following documents:

• Certificate of sponsorship reference number
• Proof of English language skills at level B1 on the Common European Framework of Reference for Languages (CEFR) (coe.int)
• Valid passport
• Proof of savings in bank account for 28 days before applying (unless sponsor agrees to maintain them)
• Tuberculosis test results, if from a listed country (gov.uk)
• Criminal record certificate, if applicable
• Valid Academic Technology Approval Scheme (ATAS) certificate, if applicable

This list is not exhaustive.  

How much it costs to apply

There’s a fee which can range from £551 to £1636.

The fee depends on:

•  Whether someone is applying from inside or outside the UK 
• The length of the visa they’re applying for
• Whether the job is on the immigration salary list (gov.uk)

There’s an Immigration Health Surcharge to use the NHS of £1035 per year of the visa.

How long it takes to apply

Processing times are published online. They begin from the biometric appointment or ID app uploads.

At the moment:

• Applications made inside the UK are taking eight weeks (gov.uk)
• Applications made outside the UK are taking three weeks (gov.uk)

Potential outcomes

Skilled Worker visas are usually granted for up to five years.

Skilled workers can apply to extend their visa if they meet the requirements.

After five years of living in the UK, skilled workers can apply for settlement if they meet the requirements (gov.uk)

If an application is unsuccessful, there’s no right of appeal. We recommend getting legal advice about applying for an administrative review, reapplying or judicial review.

If you need advice on whether someone can switch to a Skilled Worker visa from another visa, we recommend booking a free one-to-one appointment with us.

Photo credit: Scottish Enterprise