Skilled Worker Visa
Skilled Worker Visa
Thinking of working in the UK after your studies or after some time on the Graduate visa?
You may want to consider the Skilled Worker Visa route. You will need to be sponsored in an eligible occupation with an appropriate salary.
Further details of this visa route are provided below.
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Skilled Worker Visa: Key Facts
- You can switch into this route in the UK from a Student or Graduate Route Visa
- Possible to apply from outside the UK
- Dependant family members can apply
- You can extend this visa if you meet the requirements
- It can lead to settlement after 5 years
- Gives you job stability
After 5 years on the Skilled Worker visa, you can qualify for settlement. The five years can be clocked up solely on Skilled Worker or by including time previously spent on:
- Global Talent
- Innovator
- T2 Sportsperson/Minister of Religion
- Representative of Overseas Business
- Routes in old Tier 1 category, except for Tier 1 (Graduate Entrepreneur)
Settlement applications can be quite complex, for example, you must:
- still be required for the Skilled Worker job for the foreseeable future; and
- your sponsor must still have their SW licence on the date of decision; and
- meet lots of other requirements
Also, your absences from the UK must not exceed 180 days in any 12 month period. However, some types of absences are exempt. Due to the complex nature of settlement applications, we strongly advise you to seek independent legal advice.
Students switching to the Skilled Worker Visa should check with their employer when they expect you to start work. Whilst it may be possible to start work as soon as you submit the visa application, but sponsors usually have a policy to wait for the visa to be approved before allowing employment to commence.
If that is the case, you may want to offer your employer our self-downloadable letterLink opens in a new window which explains students' work rights under the student visa after completing all the academic requirements. They may consider allowing you to start working full-time but under a temporary contract whilst you wait for the SW visa to be approved.
As a general rule, the following should apply to you as long as your employer is in agreement:
- If your course of study is complete, then you can start working in your Skilled Worker job immediately after a valid Skilled Worker visa application is submitted.
- If you are within 3 months of the course completion date on your CAS for your course of study, and your CoS start date is after your course completion date, you can start working in your Skilled Worker job immediately after a valid Skilled Worker visa application is submitted.
- If you are studying a PhD at a higher education provider with a track record of compliance, your CoS start date is no earlier than 24 months after your course start date, and you are not within 3 months of your course completion date on your CAS, then you cannot start working in your Skilled Worker job until your Skilled Worker visa has been granted.
The Home Office use the Standard Occupational Classification (SOC) 2020 to set the going rates for jobs. The rates have increased to align with inflation and they are based on a 37.5 hours working week, anyone working fewer hours, the figures will need to be pro-rated.
Standard Occupational Classification (2020)
Access the current UK Standard Occupational CodeLink opens in a new window.
You should give special attention to the following:
- Have you met the salary requirements, if meeting the lower threshold, double check if you have used the lower salary threshold correctly.
- Ensure you answer all the questions correctly to avoid being penalised for false representation.
- Have you met the validity, suitability and eligibility for Skilled Worker visa application.
- Is your job start date after your course completion date and have you provided evidence of your course completion date demonstrating this.
- If you have not yet completed your course, you should only apply for SW visa, if you are less than 3 months from completing your course.
You will not be able to submit a valid Skilled Worker visa application. The immigration rules allow students to switch to the Skilled Worker Visa under 3 conditions:
Immigration rules - Appendix Skilled Worker
- SW 1.5A. An applicant who is applying for permission to stay and has, or last had, permission as a Student, must fulfil one of the Conditions A, B or C below on the date of application:
- (a) Condition A: the applicant must have completed the course of study for which the Confirmation of Acceptance for Studies was assigned (or a course to which ST 27.3 of Appendix Student applies); or
- (b) Condition B:
- (i) the applicant must be studying a full-time course of study at degree level or above with a higher education provider which has a track record of compliance; and
- (ii) the Certificate of Sponsorship in SW 1.2(d) must have a start date no earlier than the course completion date; or
- (c) Condition C:
- (i) the applicant 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
- (ii) the Certificate of Sponsorship in SW 1.2(d) must have a start date no earlier than 24 months after the start date of that course.
Supplementary work
Any supplementary work must not exceed 20 hours per week. Supplementary work can be in any field as long as it does not exceed 20 hours a week and it is outside of the contracted hours for the sponsored role.
Further reading
For more information about supplementary work, you can check the immigration rules paragraph SW 18.2 (c)
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A-Z of Visa Terms
Not sure what something means?
Check our list of common visa-related terminology.