Skilled Worker Visa Stay Rules: Key Guidelines

Securing a Skilled Worker Visa is a significant step for experts seeking to work in the UK. This visa route, formerly the Tier 2 visa, opens up numerous opportunities for skilled workers to contribute to the UK’s economy.

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Understanding the terms and conditions associated with this visa is crucial for prospective applicants to ensure compliance. This article explores what visa holders can do, the duration of their stay, and whether they can change employers. Let’s get started.

Overview of the Skilled Worker Visa

The Skilled Worker Visa facilitates the entry of non-UK residents who possess specific skills that are in demand within the UK job market. This visa replaced the Tier 2 (General) visa in December 2020, reflecting a shift towards a more streamlined and flexible approach to employment-based immigration.

To be eligible, applicants need to receive a job offer from a UK employer who maintains a valid Sponsor Licence. The role must satisfy the required skill level and salary entry point set by the UK Home Office. Additionally, the position has to be included in the list of eligible professions for skilled worker visas with a standard occupational classification (SOC) code. The applicant must also fulfil some other requirements.

The visa allows individuals to live and work in the UK for up to five years before needing to extend or adjust their status.

Also Read: Step-by-Step Guide: How to Apply for the Skilled Worker Visa

What is a Skilled Worker Visa Allowed to Do?

The UK immigration rules enable skilled worker visa holders to take on specific roles in the UK for which they have been sponsored while also offering flexibility in terms of additional employment under certain conditions.

Initially, UK immigration authorised the visa holder to work only in the job specified by the Certificate of Sponsorship (CoS) from their UK sponsor. However, the regulations accommodate supplementary employment, allowing visa holders to engage in additional work under the following scenarios:

1. Supplementary Employment: The work visa holders may undertake extra work if it falls into one of these categories:

The job is on the Shortage Occupation List, which includes roles the UK has identified as being in high demand and short supply within the local workforce.
The position is in a similar field as the primary role specified in the CoS and involves the same degree of expertise.
The job does not require more than 20 hours a week and is performed outside the primary job’s specified working hours.

Importantly, the Home Office need not be notified about such supplementary employment as long as it meets these criteria.

2. Secondary Employment: If a visa holder wishes to engage in a second job that differs from their primary occupation or exceeds 20 hours per week, this is classified as secondary employment. In such cases, the following steps are necessary:

Obtain a new Certificate of Sponsorship from a licensed sponsor for the second job.
Submit a new application for a variation of leave, including a letter indicating the desire to change the existing leave to remain.

This process ensures that the visa holder’s leave is appropriately varied to cover both positions under two sponsors.

3. Voluntary Work: Skilled Worker Visa holders can also volunteer in the UK. The categories of voluntary work they can perform are unrestricted. However, they cannot receive any payment for their volunteer activities except for reasonable expenses covered under the National Minimum Wage Act.

These provisions ensure that while Skilled Worker Visa holders primarily fulfil roles critical to the UK’s economy, they also have opportunities to pursue other professional activities and contribute to the community through volunteering, provided that all legal requirements are met.

How Long Can I Stay on a Skilled Worker Visa?

The visa is valid for up to five years, offering a substantial period for individuals to live and work in the UK under the terms of their sponsorship. If you intend to extend your career in the UK beyond the first five-year timeframe, you may apply for extensions.

The process for extending the visa requires that you still meet all the eligibility criteria specified during the initial application, including being employed at a job that meets the salary and skill requirements and having a valid Certificate of Sponsorship from your employer.

As long as the conditions are met, there is no limit to how many times you may extend your visa. After residing and working legally in the UK for five years under a Skilled Worker Visa, you may be able to apply for indefinite leave to remain (ILR).

This status grants you the ability to reside, work, and pursue education in the UK indefinitely. Obtaining ILR frees you from the restrictions tied to a specific employer or sponsorship and makes you eligible for certain public benefits, should you qualify.

Also Read: Qualifying for the Skilled Worker Visa: Requirements and Eligibility

Let Sponsor Licence Lawyers Help You

Are you considering applying for a Skilled Worker Visa? Our team of experienced Sponsor Licence lawyers is dedicated to making this procedure easier for you. We offer comprehensive support, from assessing your eligibility to preparing your visa application to ensure compliance with all Home Office criteria.

Let us help you simplify your application procedure and enhance your chances for approval. Contact us today to ensure your journey towards working in the UK is smooth and successful.

You Ask, We Answer

FAQs

To be eligible for a Skilled Worker Visa, individuals must obtain an employment offer from a UK organisation with a sponsor licence, speak English at the required level, meet the minimum salary threshold, and obtain a Certificate of Sponsorship.

The Tier 2 visa was the previous version of the Skilled Worker Visa. The Skilled Worker Visa is the new immigration system for skilled individuals that replaced the Tier 2 visa in December 2020.

If you hold a legitimate visa in the UK, you may be qualified to switch to a Skilled Worker Visa from within the UK. You must meet the eligibility criteria, receive a job offer from a qualified employer and submit a visa application before your current visa expires.

A Certificate of Sponsorship is a reference number that confirms an individual’s job offer from a sponsoring employer in the UK. It is a crucial document required for skilled worker visa applications.

Yes, Skilled Worker Visa holders must demonstrate their English language ability by passing an authorised English language test or satisfying one of the exemptions established by UK Visas and Immigration.

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Disclaimer

Our articles serve as general guidance and should not be considered legal advice. We do not accept liability for any consequences resulting from reliance on the information provided in our written materials. All readers should seek professional counsel before making any decisions or taking action based on our articles. If you require further assistance, please don’t hesitate to contact us directly for consultation with a qualified professional.