Skilled Worker Visa

Switching to Skilled Worker Visa inside the UK to work after your studies

Skilled Worker Switching Changes - July 2023

The Home Office added specific requirements for students switching to a Skilled Worker visa from July 2023.   Applicants currently in the UK with a Student or Tier 4 Visa must now 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

This means that in order to be eligible to apply to switch to a Skilled Worker visa, your course end date must have passed (unless studying a PhD) or your job starts after your course end date and the earliest you will receive your CoS (see below) is within three months of the end of your course.

What is the Skilled Worker Visa?

On the 1st December 2020, the Skilled Worker visa replaced the Tier 2 (General) route. The UK Visas and Immigration (UKVI) webpages providing information on the Skilled Worker visa can be found here. 

The general criteria for the Skilled Worker visa is that you need to:

  • Find an employer with a Skilled Worker licence who can sponsor you
  • Secure a job that is on the list of skilled occupations
  • Meet a minimum salary requirement
  • Be able to meet all other requirements of the Skilled Worker visa application.

The information below provides advice and guidance but please refer to the UKCISA information about this route also.

The information on this page assumes that you currently hold a Student or Tier 4 Visa, and that you will be applying for the Skilled Worker visa inside the UK. If you hold another type of visa or plan to apply from home, please contact the International Advice Team as soon as possible for detailed advice, as this will make the application more complicated.

Can I apply?

To apply for a Skilled Worker visa you need a job offer from an employer that has, or is willing to apply for, a Skilled Worker sponsor licence.  Your job must be at a minimum skill level and included on the Skilled Worker visa: eligible occupations and codes list.  You will need to know your job's 4 digit occupational code before checking the list.  Your employer can provide you with the 4 digit occupation code or you can search for it on the ONS occupation coding tool.

Once you have your job offer, to apply for Skilled Worker visa you will need to meet the criteria for 70 points.

Firstly, you need to claim 50 mandatory points for the following:

20 Points – Certificate of Sponsorship (CoS). This is an electronic database record issued by UKVI to your employer. Your employer will process the CoS and give you a unique CoS reference number confirming that they will sponsor you.

20 Points – Job at an appropriate skill level. This is that your job appears on the list in the Appendix Skilled Occupations of the Immigration Rules.

10 Points – English language requirement at Level B1. This is that you meet the standard English language requirements as detailed in the Immigration Rules. A student completing a course in the UK would usually meet this requirement either by having completed their degree course, or by meeting the English language requirement in a previous visa application.

Secondly, you need to claim 20 points for minimum salary. These points are “tradeable”, but the information below will simplify what this means.

20 Points – Minimum salary. Your CoS must confirm that you will be paid an annual gross minimum salary. This minimum salary varies depending on your circumstances and the Home Office list the categories in which you can claim 20 points, which have tradeable options. The salary must also relate to the job you are doing but to keep it simple, most students completing a course in the UK would need to be paid a salary that is: 

  • £20,960 per year; and
  • between 70% and 90% of the going rate for the occupation code

If your job appears on the separate list of health and education jobs in Table 2: Eligible health and education occupation codes where going rates are based on national pay scales in the Appendix Skilled Occupations of the Immigration Rules then you must be paid at the minimum salary listed there, rather than that for recent graduates.

It is advised that you seek advice from the International Advice Team to clarify if your job offer meets this requirement.

Switching from a Student or Tier 4 Visa

Students can apply to switch from a Student or Tier 4 Visa to the Skilled Worker visa within the UK once your course end date has passed or after you have studied for a PhD for at least 24 months.  Your employer will be able to issue you with an unrestricted CoS (not subject to monthly limits) and you may also be eligible for the lower 'new entrant' salary rate if your CoS is for up to three years.

In order to benefit from the above arrangement you must have completed your course and be awarded a full undergraduate degree or masters degree once you get your final results. If you will be awarded a certificate or diploma, you are strongly advised to consult the International Advice Team about the consequences of this.  Please note that for jobs on the list of health and education occupations in Table 2 of the Appendix Skilled Occupations there is no qualification requirement for the Skilled Worker visa application, therefore a certificate or diploma would be acceptable.

If you do not meet the above requirements you cannot apply within the UK.

For further information, visit the UK Visas & Immigration website to download the policy guidance. The information above is a summary of the guidance relevant to the Skilled Worker visa for most students applying in the UK. You are strongly advised to consult the International Advice Team for help navigating the Skilled Worker visa rules, unless your sponsor’s legal department is confidently handling your application. If you are an MPharm, OSPAP or Optometry student you are also strongly advised to contact the International Advice Team as the information is slightly different for you.

Skilled Worker visa - Employers

To check if your prospective employer is already a Skilled Worker visa sponsor, check the UKVI register of sponsors. You'll need to find the company name and then check that the licence covers Skilled Worker Sponsorship - Aston University staff can't advise your employer about applying for a licence, but if necessary you can direct them to the information on the UKVI website. There is also a sponsor helpline provided by UKVI, details of which are on the link above. 

What else do I need to ask my employer?

Once you have confirmed that your employer is a Skilled Worker visa sponsor and can issue you with an unrestricted Certificate of Sponsorship, you need to find out some of the details of your CoS so that you can check your eligibility and complete your application form accurately. Your employer will normally give you your CoS number automatically, but you may need to request the other details below:

  • What is your employer's sponsor licence number?
  • What company name and address are associated with the Skilled Worker sponsor licence?
  • On which date was your CoS assigned?
  • What is the exact job title on the CoS? You'll need to obtain the 4 digit occupational code and check the Skilled Worker visa: eligible occupations and codes list to a) find out if your job meets the minimum skills level and b) check what UKVI considers to be an appropriate salary. Then write the job title in the appropriate place on your application form.
  • What salary is stated on the CoS? Find out the gross salary and any additional allowances that your employer has stated on the CoS. Some allowances can be included to help you reach the total minimum salary of £20,960 (if you qualify to be considered as a new entrant) or the appropriate salary, whichever is higher.
  • Has your employer confirmed on the CoS that they will certify your maintenance? If they are an A-rated sponsor and have agreed to cover your maintenance, you don't need to show any bank statements. 

We recommend obtaining a hard copy of the CoS from your employer.  This makes it easier to complete your Skilled Worker application.

Immigration Health Surcharge (IHS)

As part of your Skilled Worker visa application you will need to pay an Immigration Health Surcharge (IHS). This cost, at present, is £1035 for every year that your new visa will last and £518 for every period of up to 6 months that your new visa will last.  You will be asked to pay this fee as part of your online application and you do not need to register to do this separately. 

How do I apply?

To apply for the Skilled Worker visa you need to apply online, upload relevant documents via an online portal and then either use the UK Immigration:ID Check app to capture biometric information or attend a biometric appointment in the UK, if you are unable to use the app.

Points to Consider

There are several issues that you need to consider when deciding when to apply for Skilled Worker visa:

  • You must apply within three months of the date your Certificate of Sponsorship was issued.
  • You must apply no more than three months before the start date on your Certificate of Sponsorship. If this is not possible, you should contact your sponsor.
  • If you are applying from inside the UK, you must have a current visa as a student, so you’ll need to apply before your current leave expires.
  • You cannot apply until you have completed your course and your course end date has passed (or in the case of PhD students you have completed at least 24 months of a UK PhD course in the UK).
  • Remember that the Graduate Route visa can be used as an alternative to the Skilled Worker route, if you qualify. 

Biometrics (Fingerprints and Photograph)

Skilled Worker visas are issued as Biometric Residence Permits (a card) instead of a sticker in your passport. Your biometric information will either be captured on the UK Immigration: ID Check app or at a biometric appointment in the UK, if you are not able to use the app.

Dependants

If you are in the UK with dependants, separate application forms must be completed for them and the amount of money in your bank account needs to be much more than the amount listed in the Documents section below. Please contact the International Advice Team for details.

What can Aston do to help?

The International Advice Team can:

  • Help you check if you're eligible to apply for the Skilled Worker visa, and if you can apply inside the UK.
  • Check your application including all relevant documents.
  • Point you towards specific information in the UKVI guidance for employers and sponsors, if you are asked for this by your employer.
  • Help explain the work conditions of your visa to your employer, for example if you need to start work with your Student or Tier 4 Visa before your Skilled Worked visa application is decided.

Due to UK law and the nature of our immigration advice service:

  • We cannot give detailed advice to employers about applying for a Skilled Worker visa sponsor licence or what they need to do as your sponsor. It is the employer's responsibility to check this, and to get appropriate legal advice where necessary. It is also their responsibility to make appropriate checks when issuing your Certificate of Sponsorship. The International Advice Team are qualified only to advise you as a student/recent graduate.
Documents

What documents do I need?

General documents:

  • Current passport
  • Previous passport, if you have one
  • Biometric Residence Permit, if you have one 
  • Certificate of Sponsorship (CoS) – this is not a document, but an electronic record.

Your employer will give you a CoS reference number, which you will need to write clearly on the application form in the correct box. You should check with your employer that all the relevant information has been included on the CoS record. We recommend you obtain the full CoS statement from your Employer as this will help you complete your application.

Your studies in the UK:

  • Enrolment confirmation letter needed if applying in the UK to switch from a Student or Tier 4 Visa.  This can be requested from MAP and you will receive this by email the following working day. This document confirms your course end date.
  • Your original academic transcript, if you are using your Aston degree to prove English Language ability and you have not yet graduated, or 
  • Original degree certificate, if you are using your Aston degree to prove English Language ability and you have already graduated, or
  • Original test certificate, if for any reason you need to use a test to prove English Language ability.

Your financial situation:

  • If you are applying for permission to stay, and you have been in the UK with immigration permission for 12 months or longer on the date of application, you will meet the financial requirement and do not need to show funds.
  • If the above does not apply, then you need personal bank statements covering a 28 day period with a minimum balance of £1,270 maintained in the account for every day, ending no more than 31 days before your application. Ad-hoc statements printed in branch must be on bank stationery. Electronic statements will need a stamp on every page. 
  • If your sponsor has confirmed that that they will maintain and accommodate you, up to the end of your first month of employment if necessary, you do not need to provide bank statements, but you must make sure that they have stated this on the CoS.
  • If you received a full sponsorship that covered all tuition fees and living costs (e.g: from your home government) in the last 12 months, you will also need a letter from the sponsor giving unconditional permission for your Skilled Worker visa application.

National Insurance Number

As with any employment in the UK, you need to apply for your National Insurance Number, if you don't already have one. You can start work before you get it, but you should apply once you have been offered the job.

Conditions of a Skilled Worker visa

How long can I stay under the Skilled Worker visa route?

If this is your first application for Skilled Worker, your visa can be granted in the following circumstances:

  • For a period equal to the length of employment as shown on your CoS plus 14 days, or
  • For a maximum period of 5 years (if the length of employment is longer)

General conditions

If you are granted a Skilled Worker visa, then you will be subject to the following conditions.

(a) no access to public funds; and

(b) work is permitted only in the job the applicant is being sponsored for, subject to (c) to (e); and

(c) supplementary employment is permitted, providing the person continues to work in the job for which they are being sponsored; and

(d) voluntary work is permitted; and

(e) working out a contractual notice period is permitted, for a job the applicant was lawfully working in on the date of application; and

(f) study is permitted, subject to the ATAS condition

Can I start my job while I'm waiting for my visa?

As long as you are allowed to work with your Student or Tier 4 Visa, it has always been possible to work full-time for 4 months after the official end of your course (or until the end of your visa, if shorter). The usual conditions of your Student or Tier 4 Visa apply, e.g. you can work full-time but not fill a permanent vacancy or be self-employed. If you make a valid application for a new visa before the end of your existing visa, you can also continue to work until a decision is made on your application.

 

Last updated: 06/02/2024 KB