Can Skilled Worker Visa Be Transferred? Understanding UK Visa Regulations
Navigating the complexities of immigration rules is crucial for individuals working in the UK on a Skilled Worker visa. This type of visa requires that the holder has been offered a skilled job by a UK employer. A common query among visa holders is whether it is possible to transfer their Skilled Worker visa when changing jobs or employers within the UK. The regulations stipulate that in order to change employment, visa holders must update their visa, reflecting the new job or employer details.
The process to update your visa involves submitting a new application which is subject to approval by the Home Office. It is important that the new job also falls within the skilled category and that the employer is approved by the government to sponsor such visas. Additionally, changes coming into effect may influence the Skilled Worker visa programme, and staying informed on the latest requirements is essential for ensuring compliance and maintaining legal working status in the UK.
Applicants must be mindful of the application timeline, fees, and the necessary supporting documents when considering transferring to a new job under the Skilled Worker visa route. It is essential to complete this process before commencing the new employment to avoid any breach of visa conditions, which could have serious implications for their immigration status in the UK.
Understanding Skilled Worker Visas
The Skilled Worker visa enables individuals to work in the UK if they have a job offer from an approved employer that meets certain criteria, including skill level and salary thresholds.
Overview of the Skilled Worker Route
The Skilled Worker route has replaced the former Tier 2 General work visa. It’s designed for individuals from outside the UK or EEA who have been offered a skilled job by a UK employer. This visa category is pivotal for employers to fill gaps in their workforce with international talent that cannot be sourced locally.
Eligibility Requirements
To be eligible for the Skilled Worker visa, the applicant must have a job offer from a licenced sponsor, meet the English language requirement, and the job must offer an appropriate salary. The minimum salary threshold is set by the Home Office and depends on the specific occupation code of the job. Generally, there’s a requirement of an appropriate salary, which is the higher of either the general salary threshold of £38,700 or the specific salary requirement for their occupation, known as the “going rate”. You may be able to be paid less for certain jobs, such as Health and Care Jobs.
Certificate of Sponsorship and Sponsor Licence Requirements
A Certificate of Sponsorship (CoS) is an electronic record with a unique reference number, which holds information about the job and the individual’s personal details. It’s a mandatory prerequisite that the sponsoring employer must obtain before the individual can apply for the visa.
The employer must hold a valid Sponsor Licence, issued by the Home Office, to hire skilled workers from outside the UK. This involves providing evidence that the organisation is genuine, capable of fulfilling sponsorship duties, and that the roles they wish to fill meet the criteria of eligible occupations at the required skill level.
The Application Process for Skilled Workers
The application process for obtaining a Skilled Worker visa in the UK is a critical pathway for international skilled workers seeking employment in the country.
Preparing Your Application
An applicant must first secure a job offer from a UK employer who holds a valid Sponsor Licence. This is a prerequisite for a Certificate of Sponsorship (CoS), essential for the visa application. One must ensure that the offered job is on the list of eligible occupations and meets the appropriate skill level and salary requirements as per the latest immigration rules.
Required Documents and Biometric Information
Upon preparing for the application, the following documents are generally required:
- Valid passport or other photo ID that establishes nationality and identity.
- Certificate of Sponsorship reference number from your UK employer.
- Proof of knowledge of English at the required level.
Additionally, applicants must provide their biometric information (fingerprints and a photograph) at a UK Visa and Citizenship Application Services (UKVCAS) service point.
Applying From Inside and Outside the UK
Application Process:
- Apply online through the official UK government website.
- Pay the application fee and the healthcare surcharge, enabling access to the UK’s National Health Service.
Applicants can apply from both inside and outside the UK. The specifics of the process may differ slightly, but the central requirements remain constant. If one is applying from within the UK, it is possible to switch from a different visa type, such as a Tier 2 (General) visa, to a Skilled Worker visa.
When applying from outside the UK, the steps must be started up to 3 months before the day you are due to start work in the UK. This date is listed on your Certificate of Sponsorship.
After Obtaining the Skilled Worker Visa
Once a Skilled Worker visa is granted, it allows the individual to work in the UK under certain conditions. Compliance with these conditions is crucial for maintaining the visa and planning for any potential changes in employment or route to settlement.
Conditions and Restrictions
Holders of a Skilled Worker visa must adhere to the terms of their visa, which include restrictions on work and access to public funds. They are typically granted leave to remain for a certain period, during which they can undertake the job specified on their certificate of sponsorship. Skilled Worker visa holders are not allowed to access public funds, but they may engage in voluntary work.
Changing Jobs or Employers
If a Skilled Worker visa holder wishes to change jobs or employers, they must make a new skilled worker application. The new job must meet the required salary requirements and the new employer has to be approved by the UK government. A resident labour market test is not needed for Skilled Worker visa holders changing jobs. However, applicants do need to update their biometric residence permit with their new employment details. You can learn more about changing jobs with a Skilled Worker visa on the GOV.UK overview.
Pathways to Settlement
After five years, Skilled Worker visa holders may have the opportunity to apply for indefinite leave to remain, thus granting them permanent residence. Key requirements include a continuous residence in the UK under eligible visas, earning the minimum appropriate salary, and adhering to UK law throughout the stay. Dependants who also hold a family visa may apply for permanent residency, subject to additional requirements and qualifications.
Additional Considerations for UK Employers
When UK employers consider hiring non-EU skilled workers, they must navigate the complexities of immigration rules and compliance requirements. Understanding legal obligations and the nuances of sponsorship can help ensure a smooth process.
Hiring Non-EU Skilled Workers
UK employers looking to hire non-EU skilled workers need to become a Home Office approved sponsor. This involves applying for and obtaining a sponsorship licence. The job role offered must be eligible and meet the salary threshold set by the government. These thresholds are designed to reflect the skill and value of the job role in question.
Employers must also consider the Immigration Skills Charge, which is a levy imposed on employers for each skilled worker they sponsor from outside the EEA and Switzerland. The charge is aimed at encouraging businesses to source the UK and EU workforce before seeking non-EU nationals.
Compliance and Legal Obligations
Compliance with immigration rules is critical. License holders must adhere to a range of duties to maintain their licence, including reporting and record-keeping responsibilities. Failure to comply can result in revocation of the licence. UK employers must also ensure they pay non-EU skilled workers they sponsor the correct salary, which must be in line with or above the minimum salary threshold for their particular job role.
In addition to salary considerations, employers should be aware of the legal framework that governs immigration, including the rights and restrictions associated with a Skilled Worker Visa. The visa cannot be transferred between employers; if a visa holder changes jobs, they must obtain a new sponsorship from the new sponsor licence holder.
By carefully considering these factors, UK employers can navigate the process of hiring non-EU skilled workers while staying in line with legal and regulatory requirements.
Need expert immigration advisers? Buckingham Legal Associates specialises in immigration law, offering assistance with applications for sponsor licences, partner visas, and skilled migrant visas.