FAQs: Skilled Worker visa (formerly known as Tier 2 General leave to remain)

Please note that the above questions and answers have been prepared from the emails, telephone calls and actual cases that we have dealt and have therefore not provided any names and addresses in order to keep client confidentiality.

Question:

What are the new rules on financial requirements for the Skilled Worker Visa category now?

Answer:

Under the new rules in force from 4 April 2024 year, the employer has to pay at least £38,700 gross per year or the going rate for the role – whichever is higher - in order to be granted this visa.

Question:

If an application was made before 4 April 2024 year or the person has previously been granted a Skilled Worker Visa - do the new rules on financial requirements also apply?

Answer:

Those who made (submitted) a visa application or have already been granted visa under the Skilled Worker category before 4 April 2024, shall be able to apply for extension and indefinite leave to remain as per the old rules.

Question:

What are the new rules for Skilled Worker visa holders working supplementary hours after 27 August 2023?

Answer:

From 27 August 2023, Skilled Worker visa holders are only able to work up to 20 hours of supplementary paid work without the requirement to update their visa. This applies to all Skilled Worker visa holders, including Health and Care Workers.

Question:

What are the types of supplementary work that are allowed?

Answer:

Supplementary work must be in the same profession and at the same professional level as the main job or must be in a shortage occupation. For example, a doctor who is a Skilled Worker visa holder could work up to 20 hours per week as a locum doctor, or as a carer in a care home.

Question:

What are the consequences of working more than 20 hours of supplementary work?

Answer:

If a Skilled Worker visa holder works more than 20 hours of supplementary work, they will be breaking the terms of their visa. This could lead to their visa being cancelled, and they could be deported.

Question:

What if I want to work more than 20 hours of supplementary work?

Answer:

If you want to work more than 20 hours of supplementary work, you will need to apply to update your visa. You will need to provide a letter from your employer explaining why you need to work more hours, and you will need to pay an additional fee.

Question:

What if I am already working more than 20 hours of supplementary work?

Answer:

If you are already working more than 20 hours of supplementary work, you will need to stop working those extra hours as soon as possible. If you do not stop working those extra hours, you could be breaking the terms of your visa.

Question:

What are the reasons for the new rules on supplementary work for Skilled Worker visa holders?

Answer:

The UK government has said that the new rules are being introduced to ensure that Skilled Worker visa holders are only working in jobs that are aligned with their skills and qualifications. The government also says that the new rules will help to protect the wages and working conditions of UK workers.

Question:

I live in the UK on a Tier 2 visa, and it is valid until November 2023. If I fail or will not be able to apply for an extension of this visa before it expires, will I be able to stay in the country illegally, and when leaving the country will I be denied entry to the UK or other countries in the future and for how long?

Answer:

If you will not be able to apply for an extension of your visa before its expiration or apply for a permit to stay in the UK on the basis of another visa category, then formally after the expiration of your current visa, you will continue to be in the UK illegally and this is certainly prohibited by British immigration rules.

When you decide to leave the UK while already living in the country illegally, then in the future, when applying for a new UK visa, you may be refused due to the fact that in the past you lived in the UK without a valid visa, which means that you violated British immigration laws.

In particular, in this case and if it becomes known to the UK Immigration Service, you may be banned from applying for a new UK visa and entering the country for up to 10 years (this ban will not apply to cases when you apply for a spouse visa if your spouse has permanent residence status or is a British citizen).

With regard to other countries, the UK actively exchanges information with the countries of the European Union and the United States of America, and therefore potentially the fact of living in the UK previously on an illegal basis can also negatively affect the chance of obtaining a visa to the European Union or the United States of America.

For the rest of the countries, it depends on the national immigration legislation of a particular country and whether this country has any interstate agreements with other countries on the exchange of information, including exchange of information on the immigration part.

Question:

I am on a Student visa and would like to apply for a Skilled Worker visa. What is the procedure?

Answer:

First, you must have a job offer from a UK based employer who has a Skilled Worker visa sponsorship licence and is able to issue a certificate of sponsorship for you. 

If you are currently in the UK on a Student visa, you must also meet one of the following requirements:

•  you have completed the course you were sponsored to study
• your job start date is after your course has finished
• you have studied for a PhD for at least 24 months

There are other requirements to observe such as English language capability and maintenance funds, as well as qualifications and prospective earnings, and you are advised to contact us for further details.

Question:

I came on a spouse visa and have been residing in the UK with my husband. Now my husband has commenced divorce proceedings. Can I switch to Skilled Worker visa whilst remaining in the UK? If yes, can my stay in the UK on a spouse visa be counted towards my application for ILR in the UK?

Answer:

Under the current immigration rules, you may switch in-country from a spouse visa to Skilled Worker visa. You would therefore do not have to return to your country of origin and can apply inside the UK. Of course, you would also need to ensure that you meet the requirements of the category that you wish to apply for, and that you have adequate English language capability as well as the requisite maintenance funds. The time you have already spent in the UK only counts towards permanent residence in the context of the 10-year-long residence rule, however, in any event, you can reach permanent residence after just 5 years on a Skilled Worker visa status.

Question:

The UK company is willing to issue a Certificate of Sponsorship to the chosen employee candidate for him to apply for a Skilled Worker Visa. We are not sure whether the payment for the Certificate of Sponsorship request should be made by the company’s card, or the payment can be made by any other bank card?

Answer:

Since the Certificate of Sponsorship is issued via the online sponsorship management system of the UK company, all payments made via this system must be via company’s bank cards only, and not by cards of other third parties.

Question:

We have got a business in the UK and Ukraine. We require our business development manager, who is working in our Ukraine branch office, to work for our London head office. Do we still need to advertise this position? What is the procedure?

Answer:

No. You do not need to advertise the position, and a certificate of sponsorship can be issued for the overseas employee of the Ukrainian company under the Inter-Company transfer provisions. However, the UK company would first need to obtain a sponsorship licence from the Home Office and prove that it is linked to the Ukrainian company by way of common ownership.  This involves the submission of a substantial body of company documentation, and it is advisable to seek professional assistance with this.

Question:

I am on a Student visa.  I have recently married my boyfriend, who is on a Skilled Worker visa (formerly known as Tier 2 General leave to remain). Can I switch to being his dependant from my Student visa without leaving the country?

Answer:

Immigration Rules state that dependants will now be able to apply from within the UK, as long as they are not here illegal, as visitors, or on temporary admission or temporary release. We would recommend you seek professional advice.

Question:

I have got a certificate of sponsorship to work as a Financial Analyst at one of the bank in London. Can I take part-time employment to work as an Accountant at other company?

Answer:

No. You have been given authorization to work only in the capacity of Financial Analyst for a particular employer, and not to work for anyone else in a different capacity. However, some supplementary employment is permitted but it must be not more than 20 hours per week, in a position at the same level and trade and be outside your normal working hours.

Question:

I am in the UK on a Dependent Partner visa. My husband is here on a Skilled Worker Visa, but he is going to relocate to another country. Can I stay and continue residing in the UK when he moves outside the country? Legally, we are not getting divorced, but we want to live separately for some time.

Answer:

Formally, according to UK immigration rules, your Dependent Partner visa under the Skilled Worker Visa category is directly linked to both the validity of your husband’s Skilled Worker Visa and his physical presence and work with his employer company in the UK on a Skilled Worker visa.

With regard to the Skilled Worker Visa, as soon as your husband officially finishes working in the UK company where he is currently working on a Skilled Worker Visa, his employer company will have to officially notify the UK Home Office that he has stopped working in the company and thus the Home Office will curtail the validity period of his work visa to 60 calendar days (however, it is important to indicate that this period of 60 days begins from the date of issue of the letter from the Home Office, and the issuance of such a letter can occur either immediately after the notification of the Home Office by the UK employer company, or much later due to large workload of the Home Office).

In any case, along with the curtailment of your husband’s Skilled Worker Visa to 60 days, all dependent visas that are tied to his work visa – that is, the visas of the dependent spouse and dependent children, if any, will also be automatically curtailed.

In view of this, your Dependent Partner visa will also be curtailed to 60 days, and you will either need to leave the UK before the end of this period, or use this period of time to switch into another visa category, for example, a work visa for yourself (if you have a UK company that will want to hire you on the basis of a work visa), or a student visa, or other visa categories.