UK Work Visas – Skilled Workers

 

UK Work Visas – IMB Immigration Law : If you aspire to work in the UK, there are a variety of short and long term work visas depending upon various factors like type of profession, permanence of job, intra company transfer etc.

It is best to go for professional and qualified assistance from one of the best immigration lawyers in India – Ravneet Kaur Brar. With her years of quality experience helping people successfully migrate to US, UK and Canada, you are guaranteed personalised advice after a detailed evaluation. She can help you identify the most suitable avenue for your UK Immigration.

Let us today learn about different types of UK work visa with valuable inputs from her.

TYPES OF UK WORK VISA

As mentioned above, the UK work visas are broadly classified as short and long term visas. These have the following categories:

Long-Term Work Visas	Short-Term Work Visas
Skilled Worker visa	Temporary Worker – Charity Worker visa (T5)
Health and Care Worker visa	Temporary Worker – Creative and Sporting visa (T5)
Intra-company visas	Temporary Worker – Government Authorised Exchange visa (T5)
Minister of Religion visa (T2)	Temporary Worker – International Agreement Worker visa (T5)
Sportsperson visa (T2)	Temporary Worker – Religious Worker visa (T5)
	Temporary Worker – Seasonal Worker visa (T5)

As is clear by the classification, short-term visas are suitable for someone who intends to live and work in the UK for a limited duration, which is capped between 6 to 24 months depending on the category you apply under. On the other hand, long-term work visa will usually allow the visa holder to live and work in the UK for a duration ranging between 3 to 5 years.

Once your existing work visa expires, you can apply for an extension, provided you meet the eligibility criteria and applicable conditions. Different types of work visa offer extension for varying durations.

Under Brexit, many rules have been relaxed or beneficial changes made. Applications can be filed from inside the UK for many categories (which was not allows previously). So, unless the applicant is a visitor, or has permission in certain short-term categories or outside the immigration rules, they will be able to apply in the UK. For example anyone in the UK holding a dependent partner, youth mobility or Tier 2 ICT visa, will avoid the considerable cost and inconvenience of having to travel back to their home country for visa processing.

ICT applicants will not be required to show English language skills. applicants for Skilled Worker, Start-up, Innovator or Student visas (only) have been exempted to meet the English language requirement if they have a GCSE, A-Level or equivalent Scottish qualification in English language or English literature awarded by a UK school or awarding body while they were under 18.

ILR (Indefinite Leave to Remain) is called Settlement.

Skilled Worker

Tier 2 General visa has been renamed as the Skilled Worker visa. It requires the UK employer to hold a sponsor license granted by the Home Office, so it can sponsor a skilled worker to work at the sponsoring entity. Existing Tier 2 General licenses will be converted to a Skilled Worker licenses and existing Tier 2 General visas will continue to be valid.

Employers that are not already sponsors listed with Home Office, will need to apply for a sponsor licence to be able to sponsor visas for non-British and non-Irish citizens moving to the UK to work from January 2021.

In several areas, the sponsorship rules have been relaxed for Skilled Worker Visas:

1. Cooling Off Period Done Away With: The 12-month cooling off period has been removed, meaning Tier 2 ICT holders can switch into a Skilled Worker visa from inside the UK at any time, both for existing sponsor or a new employer. They can apply in the UK without having to serve a cooling-off period outside the UK, holding a high-earner job offer, and the employer having to conduct the RLMT (advertising).
2. Resident Labour Market Test (RLMT) Done Away With: Employers will not be required to demonstrate their advertising process and show that there are no suitably qualified local settled workers for the role. They may still need to prove the role is genuine and that the applicant has the appropriate attributes to do the job. Additional information can be asked from employers.
3. Cap/Quota On Overseas Applications Suspended, In overseas entry clearance applications the certificate of sponsorship (COS) must have been “allocated by the Home Office to the sponsor for the specific job and salary details shown”. This suggests that rather than being able to use the available pool of COS in the SMS, sponsors may still have to use the restricted COS process, but without monthly deadlines or quotas. Note that the Cap has not been done away with. Its merely suspended and can be brought back.
4. The Six-Year Limit On Visa Duration Has Been Removed so sponsored workers in this route can keep extending indefinitely, unless they apply for settlement.
5. The Minimum Skill Level For Sponsored Roles has been reduced from graduate level (RQF level 6) to also include roles at A-level equivalent (RQF level 3). Qualifying roles will be listed in “Appendix Skilled Occupations”. Sponsors for Skilled Worker and ICT visas must choose the most appropriate occupation code (known currently as a “SOC Code”). Government decision makers can assess whether the sponsor has shown a genuine need for the job, whether the applicant has the appropriate skills, qualifications and experience needed for the job, the sponsor’s history of compliance with the immigration system – including whether it has paid its sponsored workers appropriately – and any additional information from the sponsor. Strict compliance with sponsor duties will continue to be essential for all sponsors.
6. The Minimum Annual Salary Has Been Reduced From £30,000 To £25,600. But if the going rate for the specific job is higher, the sponsor must pay that higher amount. But under the new points system, in some circumstances minimum salary can be reduced. For example, if the role is on the shortage occupation list (SOL), minimum salary drops to the higher of £20,480 and 80% of the going rate, or to 70% of going rate for a “new entrant”, which includes applicants aged under 26 or a UK graduate. The 10% shareholding limit for applicants other than those on a “high-earner” salary of at least £159,600 has been removed. As the RLMT won’t be required and the visa cap/quota has been suspended, there is no longer any need for a high-earner threshold, at least while the cap is not operational.

APPLICATION PROCESS

IMB Immigration Law, The application process also varies according to the visa category. In general, different types of work visa will require the applicant to secure a sponsorship certificate from the employer that intends to sponsor them to the UK.

The application must be submitted online after gathering the supporting documents, of which – a sponsorship certificate for an eligible occupation from an eligible employer in the UK and an English language test result from an approved testing agency are often the key documents among others.

Skilled Worker Visa application process can be summarised as below:

1. Apply for work visa online.
2. Provide biometrics (digital photo and fingerprints) at a visa application centre (VAC).
3. Attend an interview.
4. Get a decision within three weeks.

In certain circumstances, it can take longer to get a decision. For example – supporting documents submitted with the application requiring verification.

SPOUSE/ CIVIL PARTNER AND CHILDREN

The spouse / civil partner and children of a work visa applicant can also immigrate with them as dependants, provided they meet the dependant eligibility criteria while the applicant also has the minimum required funds to sponsor them.

PROCESSING TIMES AND FEE

Take a look at the tables below to understand the applicable fee and processing times for different types of UK work visa.

Long-Term Work Visa Category	Description	Application Fee	Processing Time	Maximum Stay
Skilled Worker visa	Allows the visa holder to come and work in the UK in an eligible occupation with an employer approved by the UK Home Office.	Between £610 – £1408 for up to 3 years of stay.   If the job offered is on the shortage occupation list, the fee will be £464 for up to three years of stay.   Also, an additional amount of £624 as the healthcare surcharge for each year of the stay.	3 Weeks	5 years
Health and Care Worker visa	Allows a qualified doctor, nurse, health professional or adult social care professional to work with the National Health Service (NHS), an NHS supplier or in adult social care.	£232 for up to 3 years of stay.	3 Weeks	5 years
Intra-company visas	Allows the existing overseas employee to live and work in the UK to do an eligible job at their employer’s UK branch.	Between £610 – £1408 for up to 3 years of stay depending on the circumstances.   Also, an additional amount of £624 as the healthcare surcharge for each year of the stay.	3 Weeks	5 years for an applicant with an annual income of less than £73,900   9 years for an applicant with an annual income of £73,900 or more
Minister of Religion visa (T2)	Allows the visa holder applicant with a job offer in the UK in a faith community, such as a minister of religion, member of a religious order or a missionary to live and work in the UK.	£610 plus an additional amount of £624 as the healthcare surcharge for each year of the stay	3 Weeks	3 years and 1 month
Sportsperson visa (T2)	Allows an elite sportsperson or qualified coach, recognised by the sport’s governing body as being at the highest level of the profession internationally to live and work in the UK.	£610 plus an additional amount of £624 as the healthcare surcharge for each year of the stay	3 Weeks	3 years

Now take a look at the short-term work visa categories.

Short-Term Work Visa Category	Description	Application Fee	Processing Time	Maximum Stay
Temporary Worker – Charity Worker visa (T5)	Allows the visa holder to do unpaid voluntary work for a charity in the UK.	£244, plus an additional amount of £624 as the healthcare surcharge for each year of the stay.	3 Weeks	12 months
Temporary Worker – Creative and Sporting visa (T5)	Allows someone with a job offer as a sports person or creative worker to work in the UK. Actors, dancers, musicians, film crew members, etc. are identified as creative workers.	£244, plus an additional amount of £624 as the healthcare surcharge for each year of the stay.	3 Weeks	12 months
Temporary Worker – Government Authorised Exchange visa (T5)	Allows the visa holder to come to the UK for a short time for work experience/ training/ an Overseas Government Language Programme, research or a fellowship through an approved government authorised exchange scheme. .	£244, plus an additional amount of £624 as the healthcare surcharge for each year of the stay.	3 Weeks	12 or 24 months (depending on the scheme the applicant is applying for)
Temporary Worker – International Agreement Worker visa (T5)	Allows the visa holder to work for a foreign government/ as a private servant in a diplomatic household/ provide a service under contract as a contractual service supplier or independent professional.	£244, plus an additional amount of £624 as the healthcare surcharge for each year of the stay.	3 Weeks	24 months
Temporary Worker – Religious Worker visa (T5)	Allows the visa holder to do religious work in a non-pastoral role or religious order.	£244, plus an additional amount of £624 as the healthcare surcharge for each year of the stay.	3 Weeks	24 months
Temporary Worker – Seasonal Worker visa (T5)	Allows the visa holder to do farm work in the UK.	£244	3 Weeks	6 months

Note: If you intend to stay in the UK for up to six months, you don’t need to pay any health surcharge.

IMB IMMIGRATION LAW

With so many options to choose from for your UK Immigration on a work visa, you can get confused. However, we can help you get clarity on what will be the best option for you. For this, contact IMB Immigration Law at info@imbimmigrationlaw.com that specialises in UK, US and Canada immigration.