If you currently employ promising workers under the UK’s graduate visa route, their permission to work in the UK will be time-limited. Planning ahead in advance of the expiry of their period of leave will ensure that you know what immigration requirements will need to be met if you wish to retain them as employees by sponsoring them under the skilled worker route. This way, you can avoid immigration issues and help to ensure you don’t lose valuable and established talent from within your workforce.
The following guide for employers and HR personnel looks at the rules relating to switching from the graduate route to skilled worker visas, including the procedural and eligibility criteria for both employers and employees, and the cost to both parties of making the switch.
Section A: Switching from the Graduate Visa to Skilled Worker Visa
The graduate route came into force in July 2021, providing international students with the opportunity to stay on and work in the UK for a period of at least 2 years, having successfully completed a qualifying course of study at bachelor’s degree level or above. As an unsponsored immigration route designed to retain high potential graduates from around the world — with the flexibility to work at any skill or salary level — many UK employers will already have taken advantage of this rich pool of international graduate talent.
Under the immigration rules, switching from the graduate route to skilled worker visas is possible from inside the UK by making an application to change immigration categories. However, applicants must meet the Skilled Worker visa eligibility requirements, including being sponsored by a Home Office approved employer. It’s therefore important for both the employer and employee to understand these requirements, and to make the necessary arrangements prior to expiry of the applicant’s existing grant of leave, not least because the graduate visa is non-extendable.
A graduate visa holder can switch from this route into the skilled worker category at any stage of their period of leave, though it must be prior to expiry of their current visa and provided they meet the relevant requirements.
The process for switching from the graduate route to skilled worker visas is essentially twofold, potentially involving applications by both the employer and employee.
Below we look at the sponsorship and visa process to switch routes.
Section B: Employer Sponsor Licence Requirement
Even though UK employers don’t need a sponsor licence to hire a graduate visa holder, they must have permission to sponsor a migrant under the skilled worker route. This means that if you’re not currently approved to recruit a foreign national to work in the UK in a specific job role within an eligible skilled occupation, you’ll need to apply for a relevant licence.
To be eligible to sponsor migrants under the skilled worker route, you’ll need to make an application for a sponsor licence. This involves registering your details online with UK Visas and Immigration (UKVI), completing an online application form and paying the relevant fee.
As part of the process, you will have to show that you’re a genuine organisation operating lawfully in the UK, and that you’re suitable for sponsorship. In assessing your suitability, UKVI will consider if:
- you can offer genuine employment that meets the minimum skills and salary threshold under the skilled worker route
- you’re capable of carrying out your sponsorship duties, with adequate HR systems and practices in place, plus suitable key personnel to operate the SMS, to manage the sponsorship process and discharge your duties as a licensed sponsor
- you’re honest, dependable and reliable, where evidence of immigration violations or any relevant unspent criminal convictions relating to either your key personnel or those involved in the day-to-day running of your business could impact your application.
In support of your application, you will have to provide certain documentation, as detailed in Appendix A, to demonstrate that your business is genuine, and that you have a trading or operating presence within the UK, together with any additional documents as may be requested by UKVI.
As part of its decision-making process, UKVI may also carry out a digital audit or conduct a visit your place of business, either before or after a licence is granted, to make sure you’ll be able to meet your ongoing obligations as a UK sponsor.
You’ll also need to nominate key personnel, including an authorising officer, key contact and level 1 user, who will be responsible for the licence. The key contact will be the main point of contact with UKVI, whilst the level 1 user will be responsible for the day-to-day management of your licence using the Home Office sponsorship management system (SMS). You can appoint optional level 2 users once you’re granted a licence, although they’ll have fewer permissions than a level 1 user.
The processing times for sponsorship applications is around 8 weeks. Once you’ve received notification from UKVI, and assuming your application is successful, you’ll be able to assign Certificates of Sponsorship (CoS) to visa applicants, such as graduate to skilled worker switchers.
Section C: Applying for a Skilled Worker Visa
When applying to switch from a graduate visa to a skilled worker visa, the applicant has to complete an online application form and pay the relevant fee.
A key mandatory requirement for the application is a valid CoS issued by an approved UK sponsor, which has to be used for the application with 3 months. This will provide them with a unique reference number which will allow them to apply for a sponsored work visa.
To be eligible for a skilled worker visa, the applicant must be able to show that:
- they have a genuine offer of a job, evidenced by a valid CoS issued by a licensed sponsor
- that job is at the required skill level of RQF 6 or equivalent and above within an eligible occupation code
- the job meets the relevant minimum salary threshold or the ‘going rate’ for the job, whichever is the higher
- they can speak English at level B1 (intermediate)
- the financial maintenance requirement is met
The English language requirement will be automatically met where the applicant has an academic degree taught in English awarded by an approved institution.
The applicant will also be required to meet a maintenance requirement if, at the time that they apply to switch into the skilled worker route, they’ve been in the UK for less than 12 months. This will require proof of funds of at least £1,270 held for a 28-day period although, as their UK sponsor, you can certify that you will maintain and accommodate the applicant for at least that sum for the first month of their employment in their new job role.
When applying from inside the UK, as a ‘switcher’, a visa decision will usually be made by UKVI within around 8 weeks. During this period, the applicant must not travel outside of either the UK, Ireland, the Channel Islands or Isle of Man until they’ve received their decision. If they do travel outside these areas, their application to switch visa categories will be treated as withdrawn.
Section D: Graduates as Skilled Worker New Entrants
Graduate visa holders switching to a Skilled Worker visa can generally qualify as a ‘new entrant’, which means they may benefit from a lower salary threshold under the Skilled Worker route.
Under the UK immigration rules, a ‘new entrant’ is someone who is under 26 at the date of application, or is switching from a Graduate visa (or certain other student-related routes) within the UK, and the job they are moving into is at RQF Level 6 or above.
The lower salary threshold for new entrants is typically the higher of either £33,400 per year or 70% of the role’s going rate for the role. This is compared with the standard Skilled Worker visa threshold of £41,700 and 100% of the role’s going rate, which applies to most other Skilled Worker applicants.
The new entrant rate only applies to jobs eligible for that lower threshold and the role must be at the appropriate skill level (generally RQF Level 6+).
Also, the new entrant discount can only be used for up to 4 years total under Skilled Worker, including any time already spent on the visa as a new entrant.
Section E: How much does it cost to switch from the Graduate to Skilled Worker Visa?
There are various costs involved to switch from the graduate route to skilled worker visas, both for the employer and for the applicant.
If as the employer you don’t currently hold a valid licence to sponsor skilled migrant workers, the cost of applying for sponsorship will depend on the size or status of your organisation. You’ll be eligible to pay a lower fee of £574 if you’re classed as a small or charitable sponsor. For medium or large sponsors, the licence application fee is £1,579.
You’ll also be liable to pay an Immigration Skills Charge — set at £364 for the first 12 months and £182 for each additional 6 months as a small or charitable employer, or £1000 and £500 respectively for a medium or large employer. There is also a fee of £525 for each certificate of sponsorship you assign to a Skilled Worker visa holder.
For the applicant, the costs comprise the visa application fee, ranging from £590 to £1,751, depending on the length of visa and if their job is on the Immigration Salary List. The application may also have to pay the Immigration Healthcare Surcharge for each year of leave granted, at a rate of £1,035 per applicant per year.
| Application Type | Visa Duration | Application Fee Per Applicant |
|---|---|---|
| Switching inside the UK to Skilled Worker | Up to 3 years | £885 |
| Switching inside the UK to Skilled Worker | More than 3 years | £1,751 |
| Switching inside the UK to Skilled Worker – Immigration Salary List Role | Up to 3 years | £590 |
| Switching inside the UK to Skilled Worker – Immigration Salary List Role | More than 3 years | £1,160 |
They may also have to pay an extra £19.20 to have their biometric information taken.
Most applicants under this route will also have to pay the Immigration Health Surcharge (IHS) to gain access to the UK’s National Health Service. This costs £1,035 per year of leave, and is payable in full when making the visa application. For example, for a 3-year Skilled Worker visa, the immigration health surcharge will be payable at £3,105.
Section F: Need assistance?
We are specialist UK immigration lawyers, with substantial experience and recognised expertise in advising employers on the UK sponsorship rules and retaining international talent through the Skilled Worker visa. For specialist immigration advice for your organisation, contact us.
Section G: Graduate Visa to Skilled Worker Visa FAQs
What is the Graduate Visa to Skilled Worker Visa route?
It allows international graduates in the UK to switch from a Graduate Visa to a Skilled Worker Visa if they secure a job offer from a licensed sponsor.
Do I need a job offer to switch to a Skilled Worker Visa?
You must have a job offer from a UK employer with a valid sponsor licence. The role must meet the required skill level and salary threshold.
What is the minimum salary requirement for the Skilled Worker Visa?
The general salary threshold is the higher of either £41,700 per year and the relevant percentage of the role’s going rate. Lower thresholds may apply in certain circumstances, such as for new entrants or for roles on the Immigration Salary List.
When should I apply to switch to a Skilled Worker Visa?
You must apply before your Graduate Visa expires to maintain lawful residence in the UK.
Can I switch to a Skilled Worker Visa from within the UK?
Switching is allowed from a Graduate Visa while you are still in the UK.
What documents do I need for the application?
You will need a valid CoS from your employer, proof of salary, and other supporting documents such as your passport and visa details.
Can the Skilled Worker Visa lead to settlement in the UK?
The Skilled Worker Visa offers a route to settlement (ILR) after five years, provided you meet the eligibility criteria.
Do I need to pay the Immigration Health Surcharge again?
The Immigration Health Surcharge must be paid as part of the Skilled Worker Visa application.
What happens if my job offer does not meet the requirements?
If the role does not meet the salary or skill level criteria, your application is likely to be refused, so ensure your employer checks all requirements before issuing a CoS.
Can my dependants switch to the Skilled Worker route with me?
Dependants can switch with you, provided they meet the eligibility requirements and you include them in your application.
Section H: Glossary
| Term | Definition |
|---|---|
| Graduate Visa | A UK immigration route that allows international students who have completed an eligible course in the UK to work or look for work for up to 2 years (or 3 years for PhD graduates). |
| Skilled Worker Visa | A UK work visa that allows overseas nationals to work in an eligible job for a Home Office-approved sponsor. |
| Sponsor Licence | A permission granted by the Home Office that allows UK employers to sponsor foreign workers under routes such as the Skilled Worker visa. |
| Certificate of Sponsorship (CoS) | An electronic document issued by a licensed sponsor to support a Skilled Worker visa application. |
| Switching | The process of changing from one visa route to another from within the UK, such as from a Graduate visa to a Skilled Worker visa. |
| New Entrant | A Skilled Worker applicant eligible for a lower salary threshold, usually due to age, education background, or visa route (e.g. switching from a Graduate visa). |
| Salary Threshold | The minimum salary required for a Skilled Worker visa, which may be lower for new entrants or certain shortage occupations. |
| Immigration Skills Charge | A fee employers must pay when sponsoring a worker under the Skilled Worker route, unless an exemption applies. |
| Home Office | The UK government department responsible for immigration, visas, and sponsorship compliance. |
| Eligibility Criteria | The conditions that must be met in order to apply for a visa, including job role, salary, sponsorship, and qualifications. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
