Whether you’re a UK employer who’s unable to meet your recruitment needs without recruiting skilled migrant workers or an employee requiring a work visa, you need to know about the skilled worker visa and the eligibility criteria under the UK points-based immigration system.
We assist the UK businesses, ranging from start-ups to SMEs to multinationals, on their Immigration law requirements so they can successfully apply for or renew their Sponsorship License to enable them to recruit highly skilled migrant workers from abroad or in-country who are already here on different visa routes.
• The new Skilled Worker Visa replaced the Tier 2 (General) Visa in December of 2020. To be eligible, the applicant must have been offered a job at a UK company that holds a sponsorship licence, and they must at least 70 points on the points-based system.
• The rules and specificities around Skilled Worker Visa depend entirely on the applicant’s individual circumstances and the nature of the job offered.
• The Skilled Worker route can lead to Indefinite Leave to Remain after five years of residency in the UK.
Skilled Worker Visa UK Eligibility:
You need to meet several requirements to be eligible for the Skilled Worker Visa.
The main eligibility criteria are as follows:
• Must have been offered a job by a UK employer who holds a sponsorship licence.
• The job offer must be a ‘genuine vacancy’ and at an appropriate skill level
• You must have been given a certificate of sponsorship from the employer, which details information about the job being offered in the UK
• The job must offer a specific minimum salary, which differs depending on the job role
• The job must offer a specific minimum salary, which differs depending on the job role
• You must be able to prove that your English language ability is to at least the level of B1 as set by the Common European Framework of Reference for Languages
• You must have enough money to support yourself whilst you are in the UK (you will need to provide documentation to prove this)
• For certain professions, you must provide a criminal record
• You need a valid TB certificate (if applicable)
If your application is successful, you can stay in the UK for up to five years under this immigration permission and subsequently settle in the UK.
Requirements of the Employer
An employer can only assign certificates of sponsorship if they hold a sponsorship licence.
The certificate of sponsorship must have been issued no more than three months before your Skilled Worker Visa application date.
Your employer also needs to pay the Immigration Skills Charge to sponsor you.
What are the Job Requirements?
In most circumstances, the job role must be skilled to at least RFQ level 3, which is roughly equivalent to A-levels. The job itself determines the skill level, and you will not necessarily need to hold a formal qualification.
Each eligible job for the Skilled Worker route has an occupation code, and your prospective employer must choose an appropriate occupation code for your role.
What is the Minimum Salary Threshold Requirement?
The job you will be fulfilling must be offered a salary that equals (or exceeds) the general salary threshold and the ‘going rate’ for the occupation, whichever is higher.
The absolute minimum possible salary to be eligible for the UK Skilled Worker Visa is £20,480.
The ‘mandatory’ points are as follows:
• Offer of a job from a UK company with a sponsorship licence ( CoS) (20 points)
• Job at the appropriate skill level (20 points)
• English-language ability at the level of B1 (10 points)
• If the job is offering a salary of at least £25,600 per year/at the going rate (whichever is higher), the applicant will accrue another 20 points to reach the required 70 points
However, tradeable points enable you to reach the 70-point threshold without necessarily having a salary of at least £25,600.
Spouse/ Family Entry Clearance:
This visa provides an opportunity for non-British partners to live and work in the UK. You can apply for this family visa if you are the husband, wife, civil partner, unmarried partner (living together in a relationship for at least 2 years), To apply for a Marriage Visa and enter the UK, you must be married to or in a civil partnership with a British citizen, UK-settled person, or UK refugee. The main eligibility criteria include proving that you are in a genuine relationship and meet specific financial conditions.
Our team provides expert legal advice and representation to those who are applying for a UK family visa as a partner, spouse, or fiancée. We have a strong track record of successful applications.
Requirements:
• You and your partner both need to be 18 or over.
• Your partner must either:
o be a British
o have settled in the UK – for example, they have ILR, settled status, or proof of permanent residence
o be from the EU with pre-settled status – they must have started living in the UK before 1 January 2021
o have refugee status or humanitarian protection in the UK
o The relationship between you and your sponsor must be genuine and subsisting
o You intend to live permanently with your sponsor in the UK and have adequate accommodation without recourse to public funds
o Your sponsor meets the financial requirement. This would generally mean having an income of at least £18,600 per year (this increases if you have children) and/or having sufficient saving
o You meet the English language requirement
o Documents that aren’t in English need to be accompanied by a translated version from a professional translator.
Financial Requirements & Exceptions
Financial requirements can be met in different ways by either the applicant or the UK sponsor You will need different documents depending on how you satisfy the financial requirement.
The applicants are exempt from meeting the above financial requirements if the sponsor receives any of the following allowances or concessions: However, the applicant/sponsor has to meet adequate maintenance requirements.
• Carer’s Allowance
• Attendance Allowance
• Disability Living Allowance
• Severe Disablement Allowance
• Industrial Injuries Disablement Benefit
• Personal Independence Payment
• Children who are under 18 years of age are permitted to accompany their parents (i.e. fiancé visa holders) to the UK
The settlement, also called ‘indefinite leave to remain’, is limitless/unrestricted permission to reside in the UK. This status removes restrictions on travel or work and allows the holder to receive public funds. Most of the settlement route is often available to applicants after they have completed at least five years’ UK residence in a qualifying immigration route.
Applications for settlement can be complicated, and the requirements will vary depending on your immigration category. Our helpful solicitors are on hand to advise and assist, whether you would like information about an application or help to complete it.
Who is eligible for settlement?
Settlement is only available to those who meet the specific requirements of their immigration route.
For most applicants, this will mean, completing five years’ continuous UK residence and satisfying any other criteria their route demands. For example:
• Partners can settle in the UK after five years if their relationship remains valid and they satisfy the income and other requirements such as language and life in the UK.
• Under the Skilled Workers route once may be eligible to settle after five years, providing they remain in a suitably highly skilled and well-paid position, and they are required by their employer for a foreseeable future
• A refugee will be eligible to settle here in the UK on completion of 5 years leave as a refugee or under the Humanitarian protection
• An EU citizen or family members of an EU citizen with presentment status may be entitled to settlement in the UK on completion of 5 years residence in the UK
• A person can get a settlement at any point of his/her leave as a victim of domestic violence if the marriage broke down as a result of domestic abuse
• If someone has lived here lawfully for 10 years, can also apply for settlement under the long residence route
Almost all applicants for settlement will need to prove their English language ability and their knowledge of life in the UK (except a refugee, EU citizen, and a victim of domestic violence). This is usually achieved by completing tests approved by the Home Office for this purpose.
All settlement applications are submitted online and are usually supported by specified evidence confirming your time in the UK and that you satisfy the requirements of your immigration route.
Our expert legal team/solicitors can help you to identify the correct application form and the documents needed for a successful outcome
Not everyone is safe and secure in their home country. Those who face harm may need to make the difficult decision of seeking refuge abroad. The UK is a signatory to the Refugee Convention and the European Convention on Human Rights and is obliged to protect individuals and respect their human rights.
On what grounds you can seek Asylum in the UK?
If you are facing any of the following situations, then you are probably in need to claim asylum in the UK:
• You are under pressure of leaving your country because of a threat to your life
• You have fled your country and are unable to return to your homeland because of the fear of being persecuted for your religion, race, nationality, and/or political opinion;
• You face persecution in your country due to some reason and need shelter in a country where laws are stricter and security tighter;
• The authorities in your country are unable or unwilling to protect you
• Individuals who are facing any of these circumstances and meet the criteria set out in the 1951 UN Convention Relating to the Status of Refugee and/or the European Convention on Human Rights 1950 may be allowed to enter and reside in the UK as a refugee. In order to obtain refugee status in the UK, an applicant needs to apply for asylum.
We advise and assist our clients in preparing their cases most effectively, drawing on our expertise in this field. Our Asylum claim experts can help you with your claim if you want to stay in the UK as a refugee. You must also meet all the other eligibility requirements. Please get in touch with us for an initial assessment to determine your eligibility and discuss the options.
Our refugee and human rights law solicitors regularly advise clients on:
• Applying for asylum;
• Human Rights Law;
• Obtaining refugee status, humanitarian protection, and discretionary leave;
• Obtaining the right for the family to join you in the UK;
• Challenges to Home Office decisions;
• Appeals to the Immigration and Asylum Chamber of the Tribunals Service; and
• Judicial Reviews, appeals to the Court of Appeal and Supreme Court
There are different ways to apply for British citizenship (or ‘naturalisation’) based on your circumstances.
If you’re eligible in more than one way you can choose which way to apply.
Although there are many forms of British Nationality, British Citizenship is the only one that allows you to live and work in the UK without a visa. Other forms of British nationality are British overseas citizenship; British overseas territories citizenship; British national (overseas); British protected person; and British subject. If you are eligible for a British nationality other than citizenship, you may become a naturalised British citizen.
If you were born in the UK
You do not automatically get British citizenship if you were born in the UK. It depends on when you were born and your parents’ circumstances. You need to check if you’re a British citizen.
You may be eligible to apply for citizenship if you were born in the UK and are not automatically a British citizen.
If you’re married to or in a civil partnership with a British citizen
To apply as the spouse or civil partner of a British citizen you must have lived in the UK for the last 3 years.
You’ll also need to have either:
• indefinite leave to remain (ILR)
• settled status under the EU Settlement Scheme
If you do, you’ll be eligible to apply for citizenship immediately.
If you have indefinite leave to remain (ILR)
You can usually apply for ILR after you’ve lived in the UK for 5 years.
To apply for citizenship with ILR you must usually have lived in the UK for 12 months after getting it.
If you have ‘settled status’ under the EU Settlement Scheme
To apply for citizenship with the settled status you must usually have lived in the UK for 12 months after getting it.
If you had permanent residence status before you got settled status
You can no longer apply for citizenship based on your permanent residence status.
If you had permanent residence status, you can count the time that you had it towards the 12 months you need to wait before applying for citizenship with your settled status.
Other ways you can be eligible
You may be eligible to apply for citizenship if:
• you have a British parent
• you have another type of British nationality
• you’re stateless
• you previously gave up (renounced) your citizenship
If you’re a Commonwealth citizen
You may be eligible to apply for citizenship under the Windrush Scheme if both:
• you or one of your parents arrived in the UK before 1973
• you’ve lived in the UK and not been away from it for more than 2 years
If your parent arrived in the UK before 1973, you must have either:
• been born in the UK
• arrived in the UK before you were 18
If you’re thinking about applying for British citizenship, it’s important to know as much about the process as possible. The more you know about it, the better you will be able to prepare and give yourself the best possible chance of a successful application.
For many people who have migrated to the UK and built a life here, the moment they qualify to apply for British citizenship is a culmination of years of hard work and planning. Being denied citizenship after investing so much of your life into the process can be devastating. Therefore, it is essential to prepare a quality application for naturalisation that improves chances of positive results. At Sarker Solicitors, we can help you put together a strong application and collate all the required documentation.
How can you become a British citizen by Naturalisation?
You will need to:-
• Check you meet the requirements, including residency requirements and good character requirements;
• Gather the necessary supporting evidence for your application;
• Seek references from two individuals who meet the requirements to act as referees for your application;
• Complete an online form;
• Submit the form and pay the relevant fee;
• Upload scanned copies of your supporting documents to the correct online portal;
• Book and attend a “biometric appointment”;
• Cooperate with the Home Office in case of any requests for additional information during the decision-making process, if applicable;
• On receipt of your approval you will be issued with a Citizenship invitation letter – you must arrange a Citizenship Ceremony as soon as possible and within 3 months of the letter. You will not be a British Citizen until you have completed your ceremony;
• Attend your ceremony, where you will be required to swear an oath/affirmation of allegiance and you will be given your certificate of naturalisation.
You must meet the following criteria:
• Have spent at least 5 years of continuous residence in the UK, with no longer than 450 days outside the UK.
• Have held Indefinite Leave to Remain (ILR) in the UK for at least 12 months.
• Meet the B1 CEFR level English language requirements (unless exempt).
• Pass the Life in the UK Test, to show that you are aware of the basics of the British customs, traditions, and culture.
• Not have been in breach of any UK immigration rules in the last 10 years.
• Demonstrate that they meet the Good Character requirement. Good character requirement encompasses a wide range of things including criminality and other offenses.
What is a Sponsorship Licence?
All companies who wish to sponsor overseas workers in the UK on a Skilled Worker visa, Intra-Company visa, and certain Temporary work visa schemes who do not have the right to work or live in the UK must have a valid sponsor licence. A sponsorship licence is a precondition of applying for migrant workers from abroad
Documents required for sponsorship licence Application:
1) Lease or rental agreement for office premises can be provided (if relevant). All signatures should appear in this document.
2) Business bank statements. Perhaps over three months. As an alternative, you can provide a letter from a UK bank.
3) VAT Certificate. Currently.
4) HMRC document (could be a web page) confirming that the business is registered for PAYE and National Insurance Contributions.
5) Latest Annual accounts. It is usually acceptable just to have a link to the accounts on the Companies House site.
6) Employers liability insurance certificate (cover of at least £5 million).
7) Latest acknowledgment of a Company Tax Return CT620, or as an alternative the completed CT600 tax return together with the CT603 notice.
8) A certificate of VAT registration
9) If you are required to be registered with a regulatory body to operate lawfully in the UK, evidence of your registration.
Types of licence
The licence you need depends on whether the workers you want to fill your jobs are:
• ‘Workers’ – for skilled or long-term employment
• ‘Temporary workers’ – for specific types of temporary employment
You can apply for a licence covering one or both types of workers.
Worker licence
A ‘Worker’ licence will let you sponsor people in different types of skilled employment. The skilled work can be for a short time, long-term, or permanent depending on the worker’s visa.
The licence is split into:
• Skilled Worker – the role must meet the job suitability requirements
• Intra-company visas – this includes Intra-company Transfer and Intra-company Graduate Trainee, for multinational companies which need to transfer established employees or graduate trainees to the UK
• Minister of Religion – for people coming to work for a religious organisation
• International Sportsperson – for elite sportspeople and coaches who will be based in the UK
Temporary Worker licence:
A ‘Temporary Worker’ licence will let you sponsor people on a temporary basis, including for volunteering and job-shadowing. You can only get a Temporary Worker licence for specific types of employment and visas.
The licence is split into:
• Creative Worker – to work in the creative industry, for example as an entertainer or artist (up to 2 years)
• Charity Worker – for unpaid workers at a charity (up to 1 year)
• Religious Worker – for those working in a religious order or organisation (2 years)
• Government Authorised Exchange – work experience (1 year), research projects or training, for example practical medical or scientific training (2 years) to enable a short-term exchange of knowledge
• International Agreement – where the worker is coming to do a job which is covered by international law, for example employees of overseas governments
• Seasonal Worker – for those coming to the UK to work in ‘edible horticulture’ for up to 6 months (for example, picking fruit and vegetables)
You can also use the Seasonal Worker visa to sponsor:
• pork butchery workers for up to 6 months
• poultry production workers – until 31 December 2021
• HGV drivers involved in food transport – until 28 February 2022
You can challenge the refusal decision by way of an immigration appeal if your immigration application has been refused by the Home Office.
Immigration appeals are a very complex area of law and the appeal process must be handled by an immigration expert. If your application for entry clearance, further leave to remain, settlement, or human rights visa in the UK has been refused by the Home Office, our highly experienced team of Immigration Solicitors can assist you in successfully challenging the Home Office’s decision.
You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:
• refuse your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)
• revoke your protection status
• refuse your human rights claim
• refuse you a residence document or deport you under the Immigration (European Economic Area) Regulations 2016
• revoke your British citizenship
• refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme
• refuse or revoke your travel permit or family permit under the EU Settlement Scheme or restrict your rights to enter or leave the UK under those permits
• refuse or revoke your permit, or deport you if you’re a frontier worker
• refuse or revoke your leave, or deport you if you’re an S2 healthcare visitor
Appeal from within the UK
You can only appeal to the tribunal if you have the legal right to appeal – you’ll usually be told if you do in your decision letter.
The time frame of appealing an Immigration decision
You have 14 days to appeal from the date the decision was sent.
If you apply after the deadline, you must explain why – the tribunal will decide if it can still hear your appeal.
You can appeal later if your administrative review was unsuccessful for an EU Settlement Scheme, frontier worker, or S2 healthcare visitor application. Your administrative review decision will tell you how to appeal.
Appeal from outside the UK
You can only appeal to the tribunal if you have the legal right to appeal – you’ll usually be told if you do in your decision letter.
How can we help you?
If you want a solicitor who can help you represent your case with full preparation and backing with evidence, then choose us only
Our team of expert UK Immigration Solicitors provides professional legal advice and representation in the courts in relation to every aspect of pursuing a UK immigration appeal:
What is Judicial Review?
Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.
It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision
This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way.
If you want to argue that a decision was incorrect, judicial review may not be best for you. There are alternative remedies, such as appealing against the decision to a higher court.
Examples of the types of decision that may fall within the range of judicial review include:
• Decisions of local authorities in the exercise of their duties to provide various welfare benefits and special education for children in need of such education;
• Certain decisions of the immigration authorities and the Immigration and Asylum Chamber;
• A judicial review can challenge the way a decision has been made if you believe it was illegal, irrational, or unfair.
• An application for judicial review should be made no later than 3 months after the decision that you are trying to challenge was made.
Our Solicitors have a strong track record of successfully representing our client in the Immigration Tribunals and the High courts. We have got advocacy team of specialist Immigration solicitors with combined experience. Please contact our highly experienced team to discuss your matter.
Detention
The Home Office has the power to detain individuals when exercising Immigration control. However, this is highly discretionary, the Home Office also has the power not to detain and to allow the individual to be in the UK on a temporary basis.
If you are subject to “immigration control” it is possible that at some point during the legal process, you could be held in immigration detention. This means that if you do not have immigration status you could be detained. You could also be detained if your visa or immigration status runs out or is taken away, or even in some circumstances when you have a valid visa or immigration status. People who are British citizens are not subject to immigration control, so should not be detained in the UK.
If you are detained, you cannot leave without permission and you will have very limited freedom of movement within the detention center.
There is no time limit on long you can be detained (if you are an adult) in the UK – you can be detained indefinitely. The exception to this is pregnant women, who can only be detained for up to 72 hours unless extended by ministerial approval.
Home Office policy says that detention must be used sparingly and for the shortest possible period. But in reality, many thousands are held each year, and some for very lengthy periods, causing serious mental distress.
BAIL
You can apply for immigration bail if the Home Office is holding you on immigration matters. This means you might be released from detention but you’ll have to obey at least one condition.
Who can apply
You can apply whether you’re held in an immigration removal center, a detention center, or a prison. You must be held on immigration matters.
When you’re more likely to get bail
You’re more likely to get bail if you have a place to stay.
Your application is also more likely to succeed if you have at least one ‘Financial Condition Supporter’. This is a person who:
• will pay money if you don’t follow the conditions of your bail
• can attend your bail hearing
Give information about where you’ll stay and your Financial Condition Supporters in the application form.
When you might not get released on bail
You may find it harder to get bail if you:
• have broken bail conditions in the past
• have a criminal record, and there’s a risk you might offend
If you were refused bail in the last 28 days, you won’t get another hearing unless your situation has changed significantly. Explain what you think has changed in your application.
DEPORTATION
A deportation order requires a person(s) to leave the United Kingdom and authorise his or her detention until he or she is removed by a ‘notice for deportation’. It also prohibits that person from re-entering the country for as long as it is in force and invalidates any leave to enter or remain in the United Kingdom.
If the Home Office issued a deportation order against you then we can help you to revoke that. We also can represent you to challenge the Home Office’s decision.
UK VISIT VISA
You can visit the UK as a Standard Visitor for tourism, business, study (courses up to 6 months), and other permitted activities.
You can usually stay in the UK for up to 6 months. You might be able to apply to stay for longer in certain circumstances, for example, to get medical treatment.
What you can and cannot do (‘permitted activities’)
You can visit the UK as a Standard Visitor:
• for tourism, for example on a holiday or vacation
• to see your family or friends
• to volunteer for up to 30 days with a registered charity
• to pass through the UK to another country (‘in transit’)
for certain business activities, for example attending a meeting or interview
• to take part in a school exchange program
• to do a recreational course of up to 30 days, for example, a dance course
• to study, do a placement, or take an exam, for example attending a meeting or interview
• as an academic, senior doctor, or dentist
You cannot:
• do paid or unpaid work for a UK company or as a self-employed person
• claim public funds (benefits)
• live in the UK for long periods of time through frequent or successive visits
• marry or register a civil partnership, or give notice of marriage or civil partnership – you’ll need to apply for a Marriage Visitor visa
Check you meet the eligibility requirements
You must have a passport or travel document to enter the UK. It should be valid for the whole of your stay.
You must be able to show that:
• you’ll leave the UK at the end of your visit
• you’re able to support yourself and your dependents during your trip (or have funding from someone else to support you)
• you’re able to pay for your return or onward journey (or have funding from someone else to pay for the journey)
• you’ll not live in the UK for extended periods through frequent or successive visits, or make the UK your main home
You may need to meet extra eligibility requirements if you’re visiting the UK:
• to study, do a placement, or take an exam
EU SETTLEMENT SCHEME
If you’re from the EU, Switzerland, Norway, Iceland, or Liechtenstein, you and your family might be able to apply to the EU Settlement Scheme to continue living in the UK. You might also be able to apply if you’re the family member of an eligible person of Northern Ireland.
The deadline for most people to apply to the EU Settlement Scheme was 30 June 2021.
If you or your family are from the EU, Switzerland, Norway, Iceland, or Liechtenstein, you can still apply if you or a family member were living in the UK by 31 December 2020. You must also either:
• meet one of the criteria for a later deadline to apply
• have ‘reasonable grounds for not applying by 30 June 2021
You can also apply if you already have pre-settled status, and you’re applying for settled status.
You may be able to stay in the UK without applying – for example, if you’re an Irish citizen, or you already have indefinite leave to enter or remain.
If your application is successful, you’ll get either settled or pre-settled status.
Criteria for later deadlines and ‘reasonable grounds for not applying by the deadline
In some cases, you can still apply after 30 June 2021.
For example, if you’re joining a family member who was living in the UK by 31 December 2020, your deadline will be based on when you arrive in the UK, as long as:
• you were their family member by 31 December 2020 (this does not apply to children born or adopted after this date)
• the family relationship still exists when you apply
You can also apply if you can show ‘reasonable grounds’ (such as medical reasons, or being the victim of domestic abuse) for why you did not apply by 30 June 2021.
Check if you can still apply to the EU Settlement Scheme, including further examples of what counts as reasonable grounds for not applying by the deadline.
If you already have the pre-settled status
If you applied to the EU Settlement Scheme and were given pre-settled status, you need to apply for settled status before your pre-settled status expires.
Settled status will let you stay in the UK for as long as you like. You can usually apply for citizenship once you’ve had settled status for 12 months.
Fees
It’s free to apply to the EU Settlement Scheme.