The Job Skill Level Needed for a Skilled Worker Visa
Most people have some sort of skill. It may be the ability to make people laugh or to extract teeth or to plumb a bathroom. However, UK employers have to ask themselves whether their job vacancy is of a skill level that meets the eligibility criteria for a skilled worker visa. With daily news reports of a recruitment crisis in various sectors of the UK economy, from construction to hospitality and the care industry, Sponsorship Licence lawyers understand that assessing the eligibility criteria for the skilled worker visa is a real headache for UK employers looking to fill vacancies from overseas with skilled migrant workers.
UK Online and London Based Immigration Solicitors and Sponsorship Licence Lawyers
For business immigration and sponsor licence advice call the expert London Sponsorship Licence lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
Skilled worker visas
Skilled worker visas were first introduced by the UK government in December 2020 so they have been around for about a year. Despite this, UK employers are still struggling with the eligibility criteria for the skilled worker visa.
Sponsorship Licence lawyers say it isn’t surprising that the word ‘skill’ confuses UK business owners as skill is very subjective. Does skill mean a skill level of a neuro surgeon or equivalent or the more practical skill set of a welder or electrician?
Whether you sponsor Tier 2 (General) visa holders or workers on skilled worker visas the issue is relevant to your business as employees on the Tier 2 (General) visa will need to apply for a skilled worker visa when their Tier 2 (General) visa is nearing expiry. Therefore, they will need to meet the eligibility criteria for the skilled worker visa at that stage of their immigration journey and that journey may eventually lead to them making an application for indefinite leave to remain or British citizenship.
The skill set required for the skilled worker visa
The skill set required for the skilled worker visa is A level standard or equivalent. That does not mean that HR executives need to pour over applicant’s CVs to check the educational qualifications of each overseas job applicant . A skilled worker visa applicant could be totally unqualified but still meet the skill set requirement by virtue of their job experience.
Sponsorship Licence lawyers are asked why is the skill eligibility criteria important if an overseas job candidate does not have to have a qualification? The skill set relates to the job rather than the individual job applicant. Accordingly, it is the job vacancy that needs to have a skill set requirement of A level standard or equivalent or above.
The occupations that meet the eligibility criteria for the skilled worker visa
If a job is complicated enough to require a skill set equivalent to A level standard, then this is still not sufficient for a UK employer to be able to sponsor a worker on a skilled worker visa. The job must also fit within an ‘occupation code’ from a list is produced and updated by the government.
For a UK employer looking to recruit from overseas the first step is to check whether the jobs you want to recruit to fill from overseas fall within one of the standard occupation codes. If there is any doubt it is best to get legal advice from Sponsorship Licence lawyers as code allocation isn’t always clear cut. Once you have clarified whether current or future job vacancies are likely to meet the skilled worker visa skill set requirements then the next step is to apply for a sponsor licence to sponsor skilled worker visa applicants. If your business already has a sponsor licence then it is just as important to keep an eye on your sponsor licence management responsibilities so you don’t have any problems when you come to apply to renew your sponsor licence.
The eligibility criteria for the skilled worker visa
A skilled worker visa applicant needs:
- A job offer from a sponsoring employer with a Home Office issued sponsor licence.
- The job that meets the minimum salary threshold (set by the government for each job allocated a standard occupation code).
- A certificate of sponsorship that can only be allocated by an employer if the job falls within a standard occupation code.
- To meet the English language requirement. This may not involve sitting an English language test depending on where the applicant is from or their qualifications.
- To meet the financial requirement or maintenance requirement. An employer can help a skilled worker visa applicant meet the financial requirement.
Feedback received by Sponsorship Licence lawyers reveals that many UK employers struggle to understand not only the standard occupation codes and whether they fit to the specific job vacancy but also the minimum salary threshold requirements for the skilled worker visa. That is because although there are two salary thresholds (the general one and a going rate threshold) there are percentages to apply to calculate the minimum salary threshold as well as exceptions to the rule. For example:
- If the job applicant has a PhD that is relevant to the job vacancy.
- If the job applicant meets the eligibility criteria for a ‘new entrant’ minimum salary threshold.
- If the job is on the shortage occupation list.
These complexities sometimes make HR directors and recruiters think that they need a PhD in the skilled worker visa. That just isn’t an option for busy HR executives and those tasked with recruitment. Luckily, Sponsorship Licence lawyers are here to help having the daily experience of sponsor licence management and skilled worker visa queries to be able to answer your questions and ensure your sponsor licence is managed efficiently and that your business doesn’t encounter problems in the skilled worker visa recruitment process.
UK Online and London Based Immigration Solicitors and Sponsorship Licence Lawyers
For advice on recruiting skilled worker visa applicants or applying for or managing a sponsor licence call the Sponsorship Licence lawyers at OTS Solicitors on 0203 959 9123 or contact us online.