Moving from a Tier 5 visa to a Skilled Worker visa (formerly Tier 2) allows workers to continue their employment with a licensed sponsor while gaining a more stable immigration status and a route to settlement.
Applicants must meet several requirements, including holding a job offer from a UK employer that is a licensed sponsor, meeting the minimum salary threshold and having a role that is eligible under the Skilled Worker visa criteria. Employers must also issue a Certificate of Sponsorship (CoS), which confirms the job’s suitability for the visa.
Importantly, delays in sponsorship approvals, errors in application forms or failure to meet salary requirements can lead to rejections, which can be costly and may affect future applications. The timing of the switch is also critical – as applicants must apply before their current visa expires.
Switching from Tier 5 to Tier 2 Visa in the UK
The Tier 2 visa has now been replaced by the Skilled Worker visa.
If you are already in the UK on a different visa, such as a Tier 5 visa, you may be able to switch to a Skilled Worker visa. However, those on a Seasonal Worker visa cannot apply to switch from within the UK. Instead, they must leave the country and submit their application from abroad.
Other Tier 5 visa categories, such as the Temporary Work – Government Authorised Exchange visa may allow for a switch to the Skilled Worker visa while remaining in the UK, as long as the applicant meets all of the Skilled Worker requirements. It is always advisable to check the latest guidance to confirm eligibility before proceeding with an application.
Tier 2: Now Skilled Worker Visa
The Skilled Worker visa is designed for non-UK nationals who have a job offer from an employer licensed to sponsor workers. It replaced the Tier 2 (General) visa and is now the primary route for skilled professionals seeking employment in the UK. The visa allows individuals to work in eligible occupations that meet salary and skill level requirements, offering a more stable immigration status compared to temporary work visas such as Tier 5.
Unlike the Tier 5 visa, which is typically for short-term or specific temporary roles, the Skilled Worker visa provides a long-term employment option, with the opportunity to apply for Indefinite Leave to Remain (ILR) after five years. It also allows dependants to join or remain in the UK, giving more security to those looking to build a future in the country.
To qualify, applicants must have a confirmed job offer from a UK employer that holds a valid sponsor licence. The role must be on the list of eligible occupations and meet the minimum salary threshold. Some industries, particularly those experiencing worker shortages, benefit from reduced salary requirements and lower visa fees.
Skilled worker visa eligibility requirements
To switch from a Tier 5 visa to a Skilled Worker visa, applicants must first have a valid job offer from a UK employer that holds a sponsor licence. The employer must be approved to sponsor workers under the Skilled Worker route and issue a CoS, confirming that the role meets visa requirements. If an employer does not have a licence, they must apply for one before sponsorship can be provided, which can take several weeks.
The job must be on the list of eligible occupations, ensuring that it meets the required skills and salary level. Some industries, such as healthcare and engineering, are more likely to offer roles that qualify. Positions on the Immigration Salary List benefit from lower salary thresholds and reduced visa fees, making them a more accessible option for some applicants.
Applicants also have to prove their ability to read, write, speak and understand English, which can be demonstrated through a recognised English language test, an academic qualification taught in English or previous approval under a different visa route.
A minimum of £1,270 in personal savings is also usually required, unless the employer agrees to cover this cost. Proof of funds must show that the amount has been held for at least 28 days before applying.
Sponsorship & employer requirements
Once an employer is licensed, they can assign a CoS to the applicant. This electronic document confirms that the job meets Skilled Worker visa requirements, including salary thresholds and skill levels. The CoS must include specific details such as job title, salary, start date and sponsorship confirmation. It is important that all details match the visa application, as discrepancies can lead to delays or refusal.
A defined CoS is required for applicants applying from outside the UK, while an undefined CoS is used for those switching visas within the UK. Employers must ensure they assign the correct type, as errors in sponsorship can impact approval.
The job being offered must be on the eligible occupations list, and salary must meet minimum thresholds unless an exemption applies. If an employer is found to be underpaying or failing to meet sponsorship obligations, their licence may be revoked, affecting the employee’s ability to stay in the UK.
Employers are also required to carry out right to work checks and comply with their sponsorship duties, such as record-keeping, reporting changes in employment status and ensuring job roles remain eligible for sponsorship. Failure to meet these responsibilities could lead to penalties or restrictions on future sponsorship.
Impact on long-term stay & settlement
Switching from a Tier 5 visa to a Skilled Worker visa can significantly improve long-term prospects in the UK. The Skilled Worker route provides greater job security and a clearer path to Indefinite Leave to Remain (ILR), which grants permanent residency after five years.
Time spent on a Tier 5 visa does not, however, count towards ILR, as it is classified as a temporary work visa. However, once an individual switches to a Skilled Worker visa, the five-year residency requirement for settlement begins. Maintaining continuous lawful residence without significant gaps or visa breaches is essential to remain eligible.
Applicants must continue working for a licensed sponsor under an eligible role for the full five-year period. If employment changes, the new employer must also hold a valid sponsor licence and issue a CoS before a new visa application can be made. Any gaps in employment or unauthorised work could disrupt the eligibility timeline for settlement.
To qualify for ILR, applicants also have to meet a higher salary threshold than the standard Skilled Worker visa – with different levels applicable to different circumstances, such as occupation type. Some jobs, particularly those in healthcare, follow separate salary rules.
English language proficiency must also be demonstrated at the ILR stage. Those who previously met the requirement through an approved test or qualification may not need to provide further evidence, but applicants should check the latest UKVI guidance to confirm.
Absences from the UK must not exceed 180 days in any 12-month period within the five-year qualifying period. Long absences without an acceptable reason, such as work-related travel, could reset the ILR timeline and require an additional period of residence.
Once ILR is granted, individuals can live and work in the UK without restrictions. After holding ILR for 12 months, an application for British citizenship may be possible, subject to meeting the additional requirements for naturalisation.
Need assistance?
DavidsonMorris are UK immigration specialists. For expert guidance on any UK application, such as switching to the Skilled Worker visa, or if you are considering alternative UK visa routes, speak to us.
Tier 5 to Tier 2 FAQs
Can I switch from a Tier 5 visa to a Skilled Worker visa while in the UK?
It is possible to switch from most Tier 5 visas to a Skilled Worker visa from within the UK, provided you meet the eligibility requirements, including having a valid job offer from a UK-licensed sponsor.
Do I need to leave the UK to apply for a Skilled Worker visa?
Applications can be made from within the UK. However, if your current visa expires before your new application is processed, leaving the UK may impact your ability to reapply.
How long does the visa application process take?
Processing typically takes around three weeks for applications made within the UK, though delays can occur. Fast-track options may be available for an additional fee.
What happens if my Skilled Worker visa application is refused?
If refused, reasons will be given, and options may include an administrative review or a fresh application. Mistakes in paperwork, incorrect salary levels, or lack of sponsorship can lead to rejection.
Will switching affect my time towards indefinite leave to remain (ILR)?
Time spent on a Tier 5 visa does not count towards ILR, but once on a Skilled Worker visa, the five-year ILR pathway begins.
Can I switch if I work in a shortage occupation?
Yes, and in some cases, lower salary thresholds and reduced visa fees apply, making it an easier transition.
Do I need to meet the English language requirement again?
If this requirement was previously met through a recognised qualification or an approved test, it does not need to be repeated.
Can my employer sponsor me if they don’t already hold a sponsor licence?
Your employer must be a registered sponsor before they can issue a Certificate of Sponsorship. If they are not, they will need to apply for a licence, which can take several weeks.
Glossary
| Term | Definition |
|---|---|
| Tier 5 Visa | A temporary work visa for those in specific categories, such as charity workers, creative and sporting professionals, and government-authorised exchange workers. |
| Skilled Worker Visa | A visa allowing skilled professionals to work in the UK for an approved employer with a sponsor licence, replacing the former Tier 2 visa. |
| Certificate of Sponsorship (CoS) | An electronic document issued by a UK employer with a sponsor licence, required for a Skilled Worker visa application. |
| UKVI | UK Visas and Immigration, the government department responsible for visa processing and immigration enforcement. |
| Indefinite Leave to Remain (ILR) | A status allowing individuals to live and work in the UK without time restrictions, typically granted after five years on a Skilled Worker visa. |
| Right to Work | Legal permission for a non-UK national to be employed in the UK, which must be verified by employers. |
| Salary Threshold | The minimum salary requirement for a Skilled Worker visa, varying based on job role and shortage occupation status. |
| Sponsor Licence | A licence issued by the UK government allowing employers to hire foreign workers under the Skilled Worker visa route. |
| Administrative Review | A process allowing applicants to challenge a visa refusal if they believe an error was made in the decision. |
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 a 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
