Can a Skilled Worker Visa Dependent Work in the UK? Understanding Employment Rights for Visa Holders

Individuals moving to the UK on a Skilled Worker visa may wish to bring their partners or children with them. These family members can apply for visas as dependents of the main visa holder. An important consideration for these families is whether dependents have the right to work in the UK.

The UK’s immigration rules permit dependent visa holders to seek employment during their stay. This can offer a level of financial flexibility and personal independence for spouses and adult children accompanying the primary visa holder. However, they must adhere to certain conditions and restrictions, which can vary based on the specifics of their visa.

Understanding the scope of employment for dependent visa holders is crucial for families planning their move. Partners and children who are granted this dependent status have the opportunity to contribute to the household income and gain valuable work experience in the UK. It is essential for potential applicants to be aware of the guidelines, such as those provided on the official government website, to ensure compliance and to make the most of their time in the country.

Understanding the Skilled Worker Visa

The Skilled Worker Visa allows individuals to take up employment in the UK with an approved employer. This section will detail the eligibility, the importance of having a Certificate of Sponsorship, and the application process.

Eligibility Requirements

Applicants for a Skilled Worker visa must have a job offer from a UK employer holding a valid Sponsor Licence. The role must meet the relevant skill level of RQF3 or above (equivalent to A level). They should also be paid the appropriate salary for their job type, which must be at least £25,600 or the specific salary requirement for their occupation, whichever is higher.

Certificate of Sponsorship

A critical component for a Skilled Worker visa application is the Certificate of Sponsorship (CoS). This document is provided by the sponsoring employer and contains details about the role offered in the UK, including the salary and the SOC (Standard Occupational Classification) code. The CoS is not a physical document but a unique reference number that the applicant needs to include in their visa application.

Application Process

The application for a Skilled Worker visa is completed online. Applicants need to prove their knowledge of English, provide a valid passport, and show evidence of financial means to support themselves or have their sponsor certify maintenance. They have to pay the visa application fee and the immigration health surcharge. Biometric information (fingerprints and a photo) must be provided during the application process. After the application is submitted, one might need to attend an interview.

Rights and Restrictions for Dependants

Dependants of Skilled Worker visa holders in the UK face specific regulations determining their ability to work and the requirements for their stay. The following sections detail these conditions, with a focus on relationship credibility, visa parameters and employment entitlements.

Dependent Visa Overview

Individuals who may be classified as dependants of Skilled Worker visa holders often include the partner (married or unmarried) and dependant children. In all cases, the dependants must apply for a dependent visa to join the main visa holder in the UK. This classification is crucial as it carries certain permissions, such as the right to work in the UK.

Relationship and Marriage Requirements

Dependant partners must be in a genuine and subsisting relationship with the Skilled Worker visa holder. For married couples or those in a civil partnership, legal documentation of the marriage or partnership is required. For unmarried partners, they must have lived together in a relationship akin to marriage or civil partnership for at least two years.

• Married or civil partnership: Provide marriage certificate or civil partnership document.
• Unmarried partner: Evidence of cohabitation for two years.

Work Rights for Dependants

Dependants holding a valid visa have the autonomy to work in the UK without any restrictions on the type of employment or hours worked. However, the duration of their employment must not exceed the validity period of their dependent visa. It is imperative that dependant visas align with the main applicant’s visa in terms of expiry dates and conditions. Is It possible For Dependent Visa Holders To Work In The UK? provides further insight into the employment opportunities for dependant visa holders.

Application and Fees

When applying for a Skilled Worker visa as a dependent in the UK, the applicant is subject to specific fees and must provide an array of documents. Processing times vary, but applications are typically straightforward when correctly assembled.

Documents Required

Applicants must supply several supporting documents to prove their eligibility:

• Valid Passport or Travel Document: A cornerstone document required for the application.
• Biometric Residence Permit (if applicable): For those already in the UK and holding a valid permit.
• Bank Statement: Evidence of the necessary funds available, unless their UK sponsor can provide support.
• Proof of Relationship: Marriage certificate or birth certificate, as appropriate.
• Evidence of English Language Proficiency: Such as an English language test result.

An appointment for biometrics (fingerprints and a photo) is required as part of the application process.

Application Fee and Immigration Health Surcharge

The cost of a Skilled Worker visa for dependents varies based on the length of stay and whether they apply from within or outside the UK.

• Application Fee: It ranges from £610 to £1,408, with the exact amount depending on the circumstances of stay. It’s lower for shortage occupation jobs.
• Immigration Health Surcharge (IHS): An additional fee to access National Health Service (NHS) healthcare during their UK stay, calculated annually.

Applicants can apply online, and once they have paid the visa fee and healthcare surcharge, they should schedule their biometric appointment.

Living in the UK as a Dependent

When living in the UK as a dependent on a Skilled Worker visa, individuals have access to certain public services and have the potential for long-term settlement. Depending on their visa type, they may work, use healthcare services, or attend school.

Healthcare and Public Funds

Dependents on a Skilled Worker visa may access the National Health Service (NHS) but are typically required to pay the Immigration Health Surcharge as part of their visa application, which grants them healthcare access. They are generally not entitled to access public funds such as social housing or state benefits; however, this might vary if they attain a different form of leave to remain.

Education and Employment

Children of Skilled Worker visa holders are entitled to attend public schools in the UK. Dependents can also seek employment; they can work for any employer and do not need a separate work visa. Their work permissions are as extensive as the primary visa holder, often allowing them to work without restrictions.

Path to Settlement

Living together in the UK, Skilled Worker visa dependents may eventually apply for indefinite leave to remain, potentially leading to settlement. They must meet certain requirements, including continuous residence and the primary visa holder’s status. Upon settling, they might contribute towards the State Pension, though they are not initially eligible for public funds.

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