The Skilled Worker visa UK is a superb asset for all businesses in the UK looking to expand their talent pool. It allows you to sponsor and hire foreign workers for a role RQF Level 3 or higher, an equivalent level of qualification to British A-Levels. The visa also comes with a range of benefits that are certain to entice foreign workers to join your company.

This article helps you to begin your business’ strategic recruitment journey with the Skilled Worker visa by taking you through how your business and the prospective worker can make sure they are eligible and explains the application process.

Role and Business Requirements

Before you begin approaching foreign workers, you must ensure that the role you are hiring for and your business is consistent with the visa’s requirements. These eligibility factors are broken down in the following sections: 

Salary Requirements

The most binary requirement for the Skilled Worker visa is the salary requirement. In most cases, the worker will need to earn over £38,700 annually or the ‘going rate’ for the role, whichever is higher, to be considered as of the time of writing in August 2024. 

However, according to the ‘points-based system’, applicants can earn ‘tradable points’ by surpassing the usual requirements. Each of the four scenarios listed below is worth 20 ‘tradable points’ but yields different salary requirements:

• A relevant PhD: £34,830 or 90% of the ‘going rate’.
• A relevant STEM PhD: £30,960 or 80% of the ‘going rate’.
• The role is on the immigration salary list: £30,960 or the full ‘going rate’.
• The applicant is beginning their career: £30,960 or 70% of the ‘going rate’. 

On top of this minimum salary threshold, the foreign worker will usually need at least £1,270 of cash funds in their bank account for at least 28 consecutive days before the application is made. This requirement ensures the workers can support themselves when they first arrive in the UK. In some cases, this requirement is waived, particularly if your business agrees to support the foreign hire in their first month.

Business Requirements

The primary requirement your business needs to be aware of when bringing foreign workers to the UK on a Skilled Worker visa is that they must legally be able to give Certificates of Sponsorship (CoS). This requires your business to have a sponsor licence. Most businesses can successfully apply for a sponsor licence so long as they fit the following criteria:

• Your business is legitimate.
• You have management and HR processes in place to fulfil sponsorship duties.
• You have assigned staff that can access the sponsor management system (SMS).
• You adhere to regular check-ups and audits from the Home Office to ensure you are following the sponsorship process correctly. 

During check-ups, your business will be given an ‘A’ or ‘B’ rating based on audits into the status of your employees on the Skilled Worker visa and other similar visas. An ‘A’ rating allows you to continue as normal, whereas a ‘B’ rating will prevent you from issuing further CoS. 

Your business’ initial application may also be rejected if it has had a sponsor licence removed in the past 12 months or the worker responsible for the sponsorship process has unspent financial or immigration convictions. 

Applicant Requirements

Once you have confirmed that your business and the role in question are eligible for a hire on a Skilled Worker visa, you can begin the strategic recruitment process, choosing the right foreign worker. Before you offer them the job, make sure that they fit the applicants’ eligibility requirements for this visa. 

The main requirements are that they need to be aged 18 or over and be able to show that they will be committed to the role in question. They also need to have English language proficiency of at least B1 standard or higher on the Common European Framework of Reference for Languages (CEFR).

Additional requirements may be in place depending on the applicant’s circumstances. In some cases, they will need to present a clear criminal record. A valid TB certificate is also required if they are coming from a high-risk country.

Conditions of the Skilled Worker Visa

Before the applicant agrees to your job offer and applies for the Skilled Worker visa, you should make sure that they are aware of the conditions of the visa. They will be allowed to stay in the UK on the visa for five years and can renew the visa at the end of the period. They may also apply for indefinite leave to remain after the visa period has come to a close. This is a common pathway to full citizenship. 

Your foreign hire will also usually be allowed to bring their dependents with them, although they will have to apply to do so. Usually restricted to their partner and children, this will require them to fit higher salary requirements and for their dependents to be eligible to come to the UK. 

Once you have confirmed the worker’s eligibility, made sure they are happy with the visa conditions and made a job offer, they can apply for the visa. This application can be submitted a maximum of three months before the start date of their role. Processing times are three weeks for applications from inside the UK, while applications outside the UK take eight weeks. 

Driving Strategic Recruitment with the Skilled Worker Visa

The Skilled Worker visa is among the best assets available to UK businesses, giving you a chance to look abroad and find the best workers in the international labour market. Businesses have been able to use the visa to find staff that can provide unique skills and give them access to foreign markets and new perspectives. Consider using an immigration lawyer or adviser for the best possible chance of successful Skilled Worker visa and sponsor licence applications.