The UK Skilled worker application refers to a specific type of visa for individuals who wish to work in the UK. This type of visa is designed for individuals who are offered a job by a UK company. The application process typically involves demonstrating eligibility criteria, such as having a job offer and sufficient knowledge of English and meeting the relevant requirements of the immigration rules. The outcome of the application will determine whether the applicant is granted permission to work and live in the UK for a specified period of time.
The duration of the UK Skilled worker visa depends on a range of factors, including the specific terms of the job offer, the type of role being filled, and the individual circumstances of the applicant. Typically, the visa is granted for a period of up to 5 years, after which the holder may be eligible to apply for settlement or extension. It’s important to note that the actual length of the visa granted may be shorter than 5 years, depending on the specific terms of the job offer and the individual circumstances of the applicant.
Does the company have to be of a particular size?
There is no specific size requirement for the company sponsoring the UK Skilled worker. However, the company must meet certain criteria in order to sponsor a visa applicant, including being able to demonstrate that they have a genuine need for the worker and that the worker’s skills and qualifications are essential for the role. Additionally, the company must be able to comply with UK immigration rules and meet specific obligations as a sponsor.
Looking to obtain a Sponsor Licence for your UK business? Mulgrave Law specialises in Sponsor Licence applications including the Skilled worker route. Let our experienced team guide you through the Licence application process and help you hireSkilled workers from outside the UK with ease. Book a FREE consultation today,call us on 020 7253 7248.
Who makes the initial application, the company or the individual being sponsored?
If the UK company does not hold a Sponsor Licence, the company will first need to obtain a Licence under the Skilled worker route in order to be able to sponsor the worker.
The application for a UK Skilled worker visa is typically made by the individual who is being sponsored, although the application process may involve both the individual and the sponsoring company. The individual is responsible for providing the necessary documentation and evidence to support their visa application, while the company is responsible for providing a valid certificate of sponsorship and supporting the individual’s application as needed. In some cases, the company may be required to make certain declarations or provide additional information as part of the visa application process. The overall responsibility for ensuring that the application is complete and meets the necessary requirements lies with the individual applying for the visa.
What sector companies typically sponsor individuals for this type of visa?
The UK Skilled worker visa is not restricted to a specific sector and can be applied for by companies from a range of industries. This visa is designed for companies that have not been able to recruit staff with the relevant skills and qualifications from thesettled workforce. This could include, for example, companies in the technology, finance, healthcare, construction, hospitality or engineering sectors. The eligibility criteria for the UK Skilled worker focus on the skills and qualifications of the individual being sponsored, rather than the specific sector in which the company operates.
Does the company have to offer a minimum salary?
A minimum salary requirement has to be met.
The salary offered to the individual being sponsored must meet the minimum salary threshold for Skilled workers, which has recently been increased to £26,200 per year (and £10.75 per hour). However, there are exceptions to this requirement in certain circumstances, such as if the job is on the Shortage Occupation List, which identifies roles that are in high demand and in short supply in the UK. In such cases, a lower salary may be acceptable. However, depending on the role, the minimum salary requirement can be much higher (for some senior or specialised roles, the minimum salary requirement can be higher than £50,000 per annum). It’s important to note that the minimum salary requirement is subject to change, and individuals and companies are advised to check the latest guidelines from the UK government before making an application.Note, changes to the UK immigrations laws are frequent, your legal advisor should have the latest update.
Can the Home Office come for a visit to the company sponsoring the applicant?
The UK Home Office, which is the government department responsible for immigration, may conduct compliance inspections of companies sponsoring individuals. The purpose of these inspections is to verify that the company is compliant with its sponsorship obligations and to ensure that the terms of the visa are being upheld. During an inspection, the Home Office may review the company’s HR records, interview employees, and assess the working conditions of the sponsored workers. The frequency of inspections can vary depending on the circumstances, and companies may be selected for inspection on a random basis or based on specific risk factors. It’s important for companies sponsoring workers to be aware of their obligations as a sponsor and to maintain accurate records and documentation to demonstrate compliance with sponsorship of workers.
What are the typical hurdles companies may face with this type of visa application?
There are several potential hurdles that companies may face when sponsoring individuals for the UK Skilled worker visa. Some of the most common issues include:
- Compliance with immigration rules: Companies must be able to comply with all relevant UK immigration (and employment laws), and meet specific obligations as a sponsor. Failure to do so can result in the visa being denied or the company’s licence being revoked and not being able to sponsor workers in the future.
- Meeting the English language requirement: Individuals being sponsored must have sufficient knowledge of English, which in most cases can be demonstrated through an approved English language test. Companies may struggle to find workers who meet this requirement, particularly if the workers are coming from non-English speaking countries.
- Processing time: The standard processing time for UK Skilled worker visa is 3 weeks but there is a risk that the application may be delayed for reasons outside the control of the company or the individual.
It’s important for companies to be aware of these potential hurdles and to take proactive steps to mitigate any risks. It is advisory that this should include seeking legal advice, ensuring that the application is complete and accurate, and maintaining accurate records and documentation. Lawyers at Mulgrave Law are here to assist you all the way. We have over 20 years of combined experience in UK immigration law.
How Mulgrave Law can help with your Sponsor Licence:
At Mulgrave Law, we understand the challenges of sponsoring workers. Our business immigration specialists are here to support your organisation’s plans to recruit from outside the UK, providing guidance on Home Office requirements at each stage.
We work alongside your in-house HR team or take care of all aspects of your sponsor licence and visa applications. Our comprehensive business immigration services include:
- Assisting with initial considerations on the most appropriate type of sponsorship application
- Compiling your sponsor licence application
- Helping you to collate the appropriate supporting documentation
- Auditing your HR and recruitment systems and procedures to meet the relevant sponsor compliance duties
- Briefing your team on compliance duties and responsibilities
- Advising on the UKVI ‘genuineness’ test and assessing whether a prospective employee satisfies the points criteria before the sponsor issues a certificate of sponsorship
- Guidance on sponsorship-related fees, both for the application and ongoing
- Advice on assigning Certificates of Sponsorship to skilled workers
- Advising on alternative UK immigration options to support your UK recruitment and talent requirements
- Licence renewal applications
- Dealing with sponsor licence suspensions and revocations
Book a FREE consultation today. Let Mulgrave Law assist you with all your UK Business immigration matters. We have offices in London and Dubai from which we serve clients across the world.