Tier 2 Visa Application: Skilled Worker Visa Guide

The Tier 2 Visa was replaced by the Skilled Worker Visa at the end of 2020. It is the main route for foreign nationals seeking employment in the UK with an approved sponsor. It allows skilled workers to take up roles with a licensed employer who meets salary and job eligibility criteria.

Skilled worker applicants must have a job offer from a UK employer with a valid sponsor licence and meet minimum salary thresholds, which vary by occupation. Certain roles benefit from lower salary requirements.

For employers, the Skilled Worker visa provides a critical solution to ongoing talent and skills shortages, with overseas recruitment filling vacancies across all areas of the UK economy. However, sponsorship compliance presents an ongoing concern. If an employer fails to meet Home Office duties, the sponsored worker’s visa could be at risk.

In this guide, we set out key information about making a Skilled Worker visa application.

 

Tier 2 / Skilled Worker visa application requirements

 

To be eligible for a Tier 2 (Skilled Worker) visa, an applicant must have a confirmed job offer from a UK employer that is a licensed sponsor. The job must meet the required skill level and salary threshold, which varies depending on the occupation and factors such as whether the role is on the Immigration Salary List.

The applicant must also prove their English language ability, typically by passing an approved test or holding a degree taught in English. Alternatively, nationals of majority English-speaking countries, such as Australia, Canada and the USA, are automatically deemed to meet this requirement.

There is also a financial requirement to be met, meaning applicants must show they have at least £1,270 in their bank account for at least 28 consecutive days before applying, unless their sponsor is certified to cover maintenance costs. A tuberculosis (TB) test is required for applicants from certain countries. Those working in healthcare or education may also need a criminal record certificate.

Applicants must provide a valid Certificate of Sponsorship (CoS) from their employer, detailing job information, salary and work location. The application process is conducted online, and applicants may be required to attend a biometric appointment at a visa application centre. The processing time can vary but is generally around three weeks for applications made outside the UK.

If the visa application is successful, the visa will be granted for up to five years, and it can be extended or lead to settlement after five years in the UK.

 

Employer/sponsor requirements

 

Employers looking to hire non-resident skilled workers under the Skilled Worker visa scheme (i.e. the old Tier 2 visa) must adhere to a series of stringent requirements set by UK Visas and Immigration (UKVI).

The initial step for an employer is to secure a sponsor licence from UKVI. Eligibility criteria include operating a legitimate business within the UK, having no unspent criminal convictions for immigration offences or other relevant crimes and not having had a sponsor licence revoked in the past 12 months. Employers must demonstrate robust human resources systems capable of monitoring sponsored employees and maintaining compliance with immigration regulations.

The licence application process involves completing an online form, paying the requisite fee and potentially accommodating a UKVI audit to assess the organisation’s suitability. Licence fees vary based on the size of the organisation: £536 for small businesses and charities, and £1,476 for medium and large enterprises. Once granted, the licence permits the employer to sponsor foreign workers, subject to ongoing compliance.

 

Assigning Certificates of Sponsorship

 

With a sponsor licence in place, employers can assign Certificates of Sponsorship (CoS) to prospective employees. A CoS is an electronic document containing a unique reference number that the worker uses to apply for their visa. Employers must ensure that the role being offered is eligible under the Skilled Worker visa criteria, which includes meeting the appropriate skill level and offering a salary that meets or exceeds the relevant salary threshold or the ‘going rate’ for the specific occupation, whichever is higher. In some cases, such as roles on the Immigration Salary List, lower salary thresholds may apply.

 

Passing on or clawing back visa costs

 

UK employers sponsoring Skilled Worker visas are prohibited from passing certain costs onto employees. These include the sponsor licence fee, associated administrative expenses, and the Certificate of Sponsorship fee. However, employers may still recoup other expenses, such as visa application fees and the Immigration Health Surcharge, provided there is a contractual agreement in place. It’s essential for employers to review and update their reimbursement policies and employment contracts to ensure compliance with these regulations.

 

Compliance and record-keeping

 

Employers are obligated to maintain accurate and comprehensive records for each sponsored worker. This includes copies of passports, right to work documentation, contact details, and up-to-date records of the worker’s attendance. Employers must also monitor the immigration status of their sponsored employees to ensure ongoing eligibility to work in the UK. Any changes in the worker’s circumstances, such as a change of role or salary, must be reported to UKVI using the Sponsorship Management System (SMS) within specified timeframes. Failure to comply with these duties can result in the downgrading, suspension, or revocation of the sponsor licence.

 

Payment of the Immigration Skills Charge

 

In addition to application and certificate fees, employers are required to pay the Immigration Skills Charge (ISC) when sponsoring a worker under the Skilled Worker visa. The ISC is designed to incentivise employers to invest in training and upskilling the resident workforce. The charge is £1,000 per year for large organisations and £364 per year for small businesses and charities. For example, sponsoring a worker for a five-year period would incur a total ISC of £5,000 for a large organisation. Some exemptions apply, such as for PhD-level occupations and certain international students switching to a Skilled Worker visa.

 

Ongoing responsibilities

 

Sponsorship carries continuous responsibilities. Employers must ensure that the roles offered to sponsored workers comply with UK employment laws, including adhering to the National Minimum Wage and ensuring suitable working conditions. They must also report specific events to UKVI, such as if a sponsored worker does not commence employment as expected, is absent without permission for a significant period, or if the employment is terminated earlier than initially planned. Employers are expected to cooperate with UKVI compliance officers and provide access to premises and records upon request. Non-compliance can lead to penalties, including fines and the loss of the sponsor licence, which would affect the ability to employ sponsored workers.

 

Can I bring my family with me on a Tier 2 Skilled Worker visa?

 

Yes, Tier 2 (Skilled Worker) visa holders can bring their family members to the UK as dependants. Dependants include a spouse, civil partner, or unmarried partner (provided they have been in a relationship for at least two years), as well as children under 18. Children over 18 may only qualify as dependants if they are already in the UK as dependants of the visa holder.

Each dependant must apply separately and pay the same visa application fee as the main applicant. They must also pay the Immigration Health Surcharge for each year of leave. There is also a financial requirement: the main applicant must prove they can support their dependants financially. This means showing evidence of funds, typically £285 for a partner, £315 for one child, and £200 for each additional child, unless the sponsor agrees to cover maintenance.

Dependants of Skilled Worker visa holders are allowed to work and study in the UK, but they cannot access public funds. They are free to work in most jobs, with no restrictions on the type of employment they take.

If the Skilled Worker visa holder applies for settlement (Indefinite Leave to Remain) after five years, their dependants can also apply for settlement if they have lived in the UK for the required period and continue to meet the eligibility criteria.

 

How long does a Skilled Worker visa application take to process?

 

The processing time for a Tier 2 (Skilled Worker) visa application depends on where the application is made. If applying from outside the UK, the standard processing time is typically three weeks from the date of the biometric appointment. However, in some cases, applications may take longer due to additional checks, incomplete documents or high demand at the visa processing centre.

For applications made inside the UK – such as those switching to a Skilled Worker visa or extending an existing visa – the standard processing time is around eight weeks.

Applicants can pay for priority processing to receive a decision within five working days or super-priority processing for a next-day decision, subject to availability and an additional fee.

It is advisable to apply well in advance of the intended travel date to avoid delays. If the applicant needs to travel urgently, they should consider priority services or consult their employer to discuss options.

 

What happens if my visa application is refused?

 

If a Tier 2 (Skilled Worker) visa application is refused, the applicant will receive a refusal letter explaining the reasons. Common reasons for refusal include insufficient documentation, failure to meet financial requirements, lack of English language proof or issues with the Certificate of Sponsorship.

Applicants cannot appeal a Skilled Worker visa refusal, but they may be able to request an administrative review if they believe a mistake was made. An administrative review allows a different Home Office caseworker to reassess the decision. This process costs £80 and typically takes around 28 days. However, if the refusal was due to missing evidence, it may be more effective to submit a fresh application with the correct documentation.

If an employer-sponsored visa is refused, the applicant should also check whether the issue lies with the employer’s sponsorship licence. If there is a problem with the sponsor, the employer may need to resolve this before the applicant can reapply.

In cases where the refusal is due to a criminal record, previous immigration breaches, or deception, the applicant may face a ban on applying for a visa for several years. It is advisable to seek legal advice in such cases to understand the best course of action.

 

Need assistance?

 

DavidsonMorris are UK immigration specialists. For advice on hiring skilled workers under the old Tier 2 visa, now the Skilled Worker route, or if you are a worker and have a sponsored job offer in the UK – contact us.

 

Tier 2 / Skilled Worker Visa Application FAQs

 

What is the Skilled Worker visa?

It is a UK work visa for skilled professionals with a job offer from a licensed sponsor, replacing the old Tier 2 (General) visa.

 

Who can apply for a Skilled Worker visa?

Applicants must have a job offer from a UK employer, meet the salary threshold, prove English proficiency, and satisfy financial and health requirements.

 

How much does the Skilled Worker visa cost?

Fees vary from £610 to £1,220 depending on visa length, plus the Immigration Health Surcharge (£624 per year) and employer-sponsored costs.

 

Can I bring my family on a Skilled Worker visa?

Yes, dependants (spouse/partner and children) can apply, but they must meet financial requirements and pay visa and health surcharge fees.

 

How long does the visa application take?

Standard processing takes three weeks from outside the UK and eight weeks from inside. Priority and super-priority services offer faster decisions.

 

What happens if my visa application is refused?

You can request an administrative review if you believe the decision was incorrect or submit a new application with improved documentation.

 

Can I change employers on a Skilled Worker visa?

Yes, but you must apply for a new visa with a Certificate of Sponsorship from your new employer before switching jobs.

 

Does the Skilled Worker visa lead to settlement?

After five years on the visa, you may apply for Indefinite Leave to Remain, provided you meet all eligibility criteria.

 

Are there restrictions on the type of work I can do?

You can only work for your sponsoring employer in the role stated on your visa but may take up supplementary work in certain cases.

 

Can I apply for a Skilled Worker visa without a job offer?

No, a job offer from a licensed UK employer is mandatory, and the employer must issue a Certificate of Sponsorship for your application.

 

Glossary

 

Term	Definition
Tier 2 (Skilled Worker) Visa	A UK work visa that allows skilled workers with a job offer from a licensed sponsor to work in the UK.
Certificate of Sponsorship (CoS)	An electronic document issued by a UK employer with details of the job offer, required for a Skilled Worker visa application.
Shortage Occupation List	A list of occupations experiencing a shortage of skilled workers in the UK, allowing applicants to qualify under lower salary thresholds and reduced visa fees.
Immigration Health Surcharge (IHS)	A mandatory charge paid by visa applicants to access the UK’s National Health Service (NHS) during their stay.
Immigration Skills Charge	A fee paid by UK employers sponsoring Skilled Worker visa applicants, aimed at encouraging investment in the local workforce.
Dependants	Family members (spouse, partner, or children) who can apply to join or stay with a Skilled Worker visa holder in the UK.
Administrative Review	A process where a refused visa application is reassessed if the applicant believes a mistake was made in the decision.
Priority Processing	An optional service that allows visa applicants to receive a faster decision, usually within five working days.
Super-Priority Processing	A premium visa service providing a decision within the next working day for an additional fee.