Tier 2 Visa: Skilled Worker Application

The Tier 2 visa has been replaced by the Skilled Worker visa.

Formerly the main route for skilled non-UK nationals to live and work in the UK, the Tier 2 visa is now closed and has been replaced by the Skilled Worker visa as part of the UK’s post-Brexit immigration reforms.

While many people still refer to the “Tier 2 visa” out of habit, any new applications must now be made under the Skilled Worker route, which operates under the UK’s points-based immigration system.

This article provides an overview of the Skilled Worker visa for new applicants, and retains historical reference information about Tier 2 visa applications prior to the route closure.

 

Tier 2 Visa Replaced by Skilled Worker Visa

 

The Skilled Worker visa is the main route for overseas nationals who wish to work in the UK in eligible, skilled roles.

Replacing the former Tier 2 (General) visa, this route enables UK employers to recruit international talent to fill jobs that meet the necessary skill and salary thresholds. To qualify, applicants must have a confirmed job offer from a licensed sponsor and meet specific eligibility criteria. Sponsoring employers must also hold a valid sponsor licence and comply with a range of duties set by the Home Office.

 

Requirements for Skilled Worker Applicants

 

To apply for a Skilled Worker visa, an individual must first secure a job offer from a UK employer that is authorised by the Home Office to sponsor overseas workers; that is, they have a valid sponsor licence.

The role being recruited for must be on the list of eligible occupations and meet the relevant skill level of RQF Level 6 (broadly equivalent to graduate-level roles). Under limited transitional provisions, certain roles at RQF levels 3-5 remain temporarily eligible for sponsorship, where they are featured on the Immigration Salary List (ISL).

In addition to the appropriate job offer, applicants must meet the relevant applicable minimum salary threshold. The general Skilled Worker visa minimum salary is at least £41,700 a year and 100% of the standard going rate for the role, and hourly pay must also reach £17.13 an hour, calculated on no more than 48 paid hours a week. Reduced salary levels are available for certain categories, such as “new entrants” or roles on the Immigration Salary List, but these exceptions are becoming more limited under the revised rules. This is a highly complex area, and taking advice is recommended to avoid issues when calculating and applying salary thresholds.

Applicants must also demonstrate a good standard of English. This can be done by passing an approved English language test at CEFR level B1 or by having a degree taught in English. In most cases, proof of English language ability is mandatory unless an exemption applies.

The Skilled Worker visa operates under the UK’s points-based immigration system. Applicants must score a total of 70 points. These include 20 points for a job offer from a licensed sponsor, 20 points for the job being at the required skill level, 10 points for meeting the English language requirement, and up to 20 additional points depending on salary level  or other criteria.

Applicants must provide supporting documentation, which typically includes a Certificate of Sponsorship (CoS) assigned by the employer, a valid passport, proof of salary and job role, evidence of English language ability and (where applicable) a tuberculosis test result or criminal record certificate. If the employer does not certify maintenance, the applicant must also show proof of personal savings to support themselves on arrival.

 

Requirements for UK Sponsors (Employers)

 

UK employers wishing to sponsor Skilled Worker visa applicants must first hold a valid sponsor licence issued by UKVI. Applying for a sponsor licence involves demonstrating that the organisation is legitimate, capable of meeting compliance duties, and that the roles offered to overseas workers are genuine and meet the visa criteria. The application includes payment of a fee, which varies depending on the size and type of organisation.

Once licensed, the sponsor assigns a Certificate of Sponsorship to each worker they intend to employ under the Skilled Worker route. This is a digital record confirming the job offer and the terms of employment. Employers must ensure that the job role matches one of the eligible occupation codes and that the salary offered meets or exceeds the relevant thresholds.

Sponsoring employers have strict ongoing duties, including maintaining accurate records, reporting key changes such as non-attendance or salary adjustments, and cooperating fully with UKVI inspections. Failure to comply can result in suspension or revocation of the licence, which can affect both existing workers and future recruitment plans.

The job offer has to represents a genuine vacancy. UKVI is demonstrating increased scrutiny of sponsor licence holders to ensure that roles are not being created simply to facilitate visa applications, and that terms and conditions align with UK employment law.

 

For more information, read our comprehensive guide to the Skilled Worker Visa >> 

 

 

The following information pre-dates the closure of the Tier 2 visa route and is for historical reference only: 

 

Tier 2 Visa Historic Information

 

This information pre-dates the closure of the Tier 2 Visa.

The Tier 2 (General) visa is for individuals with a job offer in the UK, and who are coming to fill a gap in the labour force that cannot be filled by someone already in the country.

Because the Tier 2 (General) visa can lead to Indefinite Leave to Remain, the category also makes provision for the spouses, partners and any dependent children to immigrate to the UK at the same time as the main Tier 2 applicant.

Given the global nature of competition for talent and skilled workers, it is important that skilled migrants looking to work in the UK are supported in achieving the relevant immigration status.

For skilled workers, with so much at stake, it is important to seek legal advice to understand the migration options available and that the Tier 2 is the correct route.

 

What are the Tier 2 visa requirements?

 

This information pre-dates the closure of the Tier 2 Visa.

The majority of Tier 2 visa applications will be made under the Tier 2 (General) subcategory. This enables skilled non-EEA migrant workers to accept an offer of a job that cannot be filled by a suitably qualified or skilled settled worker, including workers coming to the UK to fill shortage occupations, ie; where there are not enough workers in the domestic labour market to meet demand.

To qualify for a Tier 2 (General) visa, the applicant will need to:

 

• Have a confirmed offer of employment from a licensed UK employer (sponsor).
• Have a valid certificate of sponsorship
• Score 70 points under the points based system
• Have a genuine offer of a job that will not displace a suitably qualified or skilled settled worker
• Be offered a job that meets certain skill and salary level requirements
• Meet the English language requirement
• Meet the maintenance requirement

 

 

Tier 2 skill & salary level requirement

 

This information pre-dates the closure of the Tier 2 Visa.

Any job that is offered to a non-EEA migrant worker must also meet the relevant Tier 2 skill and salary levels, although the required level of skill and salary can vary depending on the nature of the job.

The job will usually need to meet level 6 or above on the Regulated Qualifications Framework (RQF). In a creative sector occupation, or for a job that appears on the list of shortage occupations, the job must be skilled to RQF level 4.

The minimum salary requirement is usually at least £20,800 per annum for new entrants or £30,000 for experienced workers, or the appropriate rate for the job in question, whichever is higher.

 

Genuine vacancy requirement

 

This information pre-dates the closure of the Tier 2 Visa.

In granting a Tier 2 visa the Home Office must be satisfied that the applicant is being sponsored to undertake a genuine vacancy in the UK that will not displace a suitably qualified or skilled settled worker.

This means that, as the prospective employer, you cannot offer a position to a non-EEA migrant worker if a suitable worker from within the domestic labour market will be turned down for the job or made redundant.

Unless the job in question is on the shortage occupation list, ie; where there are not enough workers in the domestic labour market to meet current demand, you will first be required to advertise the job in the UK. This is known as the Resident Labour Market Test (RLMT).

Where applicable, you must have met the RLMT requirements before assigning a certificate of sponsorship to any prospective employee. Further, the certificate of sponsorship must confirm that a RLMT has been completed.

 

Financial maintenance requirement

 

This information pre-dates the closure of the Tier 2 Visa.

When applying for a Tier 2 visa the applicant must also satisfy the Home Office of their ability to support themselves on arrival in the UK. This can be done either by way of proof of personal savings or a maintenance guarantee from you as their UK licensed sponsor that you can cover their costs for the first month.

Where you do not confirm the provision of maintenance on the certificate of sponsorship, the applicant will need to show they have had £945 in their bank account for a period of 90 days prior to the date of their application.

 

English language requirement

 

This information pre-dates the closure of the Tier 2 Visa.

When applying for a Tier 2 visa the applicant must satisfy the Home Office of their knowledge of the English language. This can be evidenced either by passing an approved English language test, or by having an academic qualification that was taught in English and is recognised as being equivalent to at least a UK bachelor’s degree.

Nationals of a majority English-speaking country such as the USA, Canada, Australia or New Zealand, they will be exempt from proving their knowledge of English.

 

Certificate of sponsorship requirement

 

This information pre-dates the closure of the Tier 2 Visa.

Having offered a migrant worker a genuine job to the required skill and salary level, you must assign them a valid certificate of sponsorship. This can only be done if you are a UK licensed sponsor. If you are not yet licensed under Tier 2, you will first need to apply for approval from the Home Office.

Under your duties and obligations as a Tier 2 sponsor you must only assign certificates of sponsorship to migrant workers who are appropriately qualified or registered to do the job shown. The certificate of sponsorship must also confirm that the job is at the required skill and salary level.

 

How to apply for a Tier 2 visa

 

This information pre-dates the closure of the Tier 2 Visa.

The applicant will need to submit an online application within three months of being assigned their certificate of sponsorship. Each certificate has a unique reference number that they will need to apply.

They will also be required to attend an appointment at a visa application centre to enrol their biometric information and to submit various documents in support. The necessary documentation will include:

 

• A current passport or other travel document to prove they can travel
• Expired passports or travel documents to show their travel history
• Proof of their knowledge of English, where applicable
• Proof of their personal savings, where applicable
• Their tuberculosis test results if they are from a listed country
• A criminal record certificate from any country they have lived in for 12 months or more in the last 10 years, where they will be working in either the education, health or social care sector in the UK

 

The Home Office will assess their application on the basis of how many points they have accumulated under the points-based system. Under Tier 2 (General) an applicants must gain a minimum of 70 points. This is calculated as follows:

 

• 30 points for having been assigned a certificate of sponsorship
• 20 points for earning the appropriate salary
• 10 points for meeting the English language requirement
• 10 points for meeting the maintenance requirement

 

It is important to note that the offer of a genuine job with a valid certificate of sponsorship does not guarantee the successful grant of a Tier 2 visa. The prospective employee must still meet all the other relevant criteria. The Home Office will also consider any general grounds for refusal, including any relevant criminal history or previous immigration breaches.

 

Can you appeal a refused Tier 2 visa?

 

This information pre-dates the closure of the Tier 2 Visa.

Common grounds for a refised Tier 2 visa include:

 

• Incorrect SOC code for the proposed job
• Inappropriate salary
• Insufficient maintenance funds

 

The employer should ensure they have selected the appropriate SOC code and salary rate to avoid any unnecessary stress and delays to both applicant and business processes.

Employers are encouraged to adopt a hands-on approach and assist applicants with their application until its successful competition to ensure that the information presented on the applicant’s form matches with that offered by the organisation.

Invalid applications are different from refusals. A Tier 2 skilled worker visa application will be deemed and returned invalid for a number of reasons, the most common of which are:

 

• Non-payment of fee
• Payment of incorrect fee
• Form is not signed
• Accompanying photos are not in the correct format

 

Invalid applications put employees in an awkward position, particularly if their leave to remain has expired by the time the application has been returned invalid. Additionally, they leave very limited options.

There are restricted types of appeals that you can lodge under PBS and they are limited to in-country applications. Out of country applications attract a right to judiciary review (where upon re-applying another immigration officer reviews the information), but no right to appeal.

Dependents of PBS applicants applying out of country do however attract the right to appeal for a refused application as this falls under the family right and not PBS category.

If an application is refused before the current leave expires, the applicant will not have right to appeal, but is entitled to reapply.

The individual has ten days from date of the refusal notice to lodge an appeal if refused within the UK.

The individual has 28 days to file an appeal if a non-PBS application is refused outside of the UK.

Any appeal should be made using the correct appeal form and the correct fee paid. The appeal must address each reason for the refusal.

 

Need assistance?

 

Contact our UK immigration specialists for advice on any aspect of your UK work visa application, such as under the Skilled Worker visa route.