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Immigration Rules - Skilled Worker

 

The Skilled Worker route is for employers to recruit people to work in the UK, including in UK waters, in a specific job. A Skilled Worker must have a job offer in an eligible skilled occupation from a Home Office-approved sponsor.

A dependent partner and dependent children can apply on this route.

Skilled Worker is a route to settlement.

Switching from Student to Skilled Worker Route

 

The Skilled Worker Route is for those hired to do a specific skilled job for a Home Office licensed sponsor.

 

1. Switching

An applicant in the UK cannot apply to switch into the SW Route if they currently have or were last granted permission to remain in the UK on any of the following routes:

  • A visitor

  • A short-term student

  • A Parent of a Child student

  • A Seasonal worker

  • A Domestic worker in a Private Household

  • The applicant was granted permission outside the rules.

From 11 March 2024 new restrictions applied to care worker (SOC code 6135) or

senior care worker (SOC code 6136) applicants when applying for or with dependants.

2. Current or last permission to remain, as a Student

 

A. Validity Requirements

An applicant applying for permission to stay as a SW, who has or had their last permission as a student, fulfil one of the following conditions A, B or C on the date of application.

Condition A: The applicant must have completed their course of study for which the Confirmation of Acceptance for Studies (CAS) was assigned (or a course to which ST 27.3 of Appendix Student applies); or

 

Condition B: The applicant must be studying a full-time course at degree level or above with a higher education provider which has a track record of compliance; and

The Certificate of Sponsorship in SW 1.2(d) must have a start date no earlier than the course completion date; or

 

Condition C: The student must be studying a full-time course of study leading to the award of a PhD with a higher education provider which has a track record of compliance; and

The Certificate of Sponsorship (COS) in SW 1.2(d) must have a start date no earlier than 24 months after the start date of that course.

 

SW 1.6. An application which does not meet all the validity requirements for a Skilled Worker may be rejected as invalid and not considered.

B. Suitability Requirements

SW 2.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

Suitability requirements apply to all routes and must be met in addition to validity and eligibility requirements.

 

This means that the applicant must be a person of good character, must not have criminal convictions, must not have any outstanding debt against them in favour of the NHS or any outstanding debt towards the Home Office. The applicant must not have any deportation or removal order made against them. The applicant must not have their entry clearance or permission cancelled on suitability grounds. The applicant must not be excluded from the UK or subject to an exclusion order.

C. Eligibility Requirements

To be eligible, applicants must be awarded 50 mandatory points (for their sponsorship, job and English language skills) and 20 tradeable points (for salary and other attributes).

Mandatory points requirements

An applicant must score 50 points against the following requirements.

  1. Sponsorship – 20 Points

  2. Job at appropriate skill level – 20 Points

  3. English language skills at level B1 (intermediate) – 10 Points

An applicant who scores less than 50 mandatory points, their application will be refused.

Sponsorship – 20 Points

The applicant must score 20 points for sponsorship. To ascertain the score of 20 points following elements of an application must be considered and scored.

 

Valid Certificate of Sponsorship

A CoS is only valid if certain requirements are met (they vary for each job).

 

Licensed Sponsor

The Sponsor must hold a valid Skilled Worker sponsor license.

The Sponsor must also be A-rated sponsor, unless the applicant is applying for an extension to work for the same sponsor.

 

Permission to work while a switching application is pending

 

SK3.27. A person who has made an application to switch to the Skilled Worker route must not start working until their application has been granted unless, on the date of application, they already have a type of immigration permission which allows them to do the work in question (for example, if the applicant have permission as a dependant of a Skilled Worker and a right to work check confirms they are not prohibited from doing the work in question).

SK3.28. An person on a student visa who has permission to work, may be allowed to work for 10 or 20 hours per week during term time (subject to the type of their course) and unlimited hours outside of their term time (with restrictions on the type of work permitted).

Some students are not permitted to work at all.

 

SK3.29. All students, including those with permission to work, are not normally permitted to fill a full-time permanent vacancy.

The exception is for those applying to switch to the Skilled Worker route if all of the following conditions are met:

  1. The student is or has been studying a full-time course at degree level (undergraduate) or above (postgraduate) with a higher education provider with a track record of compliance.

  2. The student has made a valid application for permission to stay as a Skilled Worker before their Student visa has expired.

  3. The Skilled Worker application was made no more than 3 months before the course completion date.

  4. The CoS start date is no earlier than the course completion date.

  5. A decision has not been made on their Skilled Worker application, or where a decision has been made, any administrative review against a refusal of that application has not been finally determined.

SK3.30. This means that if the employer has assigned a CoS to a Student who meets all of the above conditions, they can start working in a permanent position as soon as they have submitted their valid Skilled Worker application, even if this is before the start date on their CoS.

For Example:

A Student studying in a full time degree course at a higher education provider with a track record of compliance. The course end date is 30 June 2024 and they have permission as a student until 30 October 2024. A Skilled Worker CoS is assigned to the student on 24 June 2024 with a work start date of 30 September 2024. The Student makes a valid Skilled Worker application on 01 July 2024. A right to work check confirms they can work up to 20 hours per week during term time and full time outside of term time. The Student can start work in a full time permanent role from 01 July 2024.

SK3.31. If a Student applying under this rule makes a valid application while still studying, they will be limited to working a maximum of 20 hours per week until they have completed their studies.

 

SK3.32. The sponsor – employer must stop sponsoring the worker if their Skilled Worker application is eventually refused (and an Administrative Review is dismissed) and must not continue to employ them, unless (despite the refusal) they still have another type of valid immigration permission which allows them to work in their position.

Period of grant

SK3.33. If the worker makes a successful application for entry clearance or permission to stay as a Skilled Worker, they will be granted permission for:

1. the period of employment stated on their CoS (CoS can be assigned for a maximum period of 5 years), plus:

 

2. any time before the start date on the CoS (an application can be made up to 3 months before the start date)

 

3. 14 days after the end date on the CoS (or, where the worker is being sponsored under occupation code 2211 as a general practitioner in specialty training, 4 months after the end date on their CoS).

 

Settlement

SK3.34. Workers who have been continuously and lawfully resident in the UK on the Skilled Worker route (or other eligible route) for 5 years or more may apply to settle in the UK permanently (known as ‘settlement’ or ‘indefinite leave to remain’).

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