Rights of Skilled Worker Visa Holders

Rights of Skilled Worker Visa Holders in the UK

ByBernard Andonian

The Skilled Worker Visa is a popular route for individuals seeking to live and work in the UK. Previously known as the Tier 2 Visa, this visa allows skilled professionals to fill job vacancies within the UK, provided they have an employment offer from a UK organisation with a valid Sponsor Licence. 

Understanding the rights associated with this visa is crucial for visa holders to ensure they fully benefit from the opportunities available and comply with UK immigration rules. In this article, we will provide a detailed guide on the various rights of Skilled Worker Visa holders in the UK. 

Rights Granted to  Skilled Worker Visa Holders in the UK

For those who have obtained a Skilled Worker Visa in the UK, the scope of permissible activities extends beyond mere employment. This visa enables individuals to contribute to the UK’s workforce and enhance their personal and professional lives through additional work, study, and family integration. 

Let’s explore the rights in detail. 

1. Rights to Work

The Skilled Worker Visa provides two primary avenues for employment: primary and supplementary work. 

Primary employment under the Skilled Worker Visa entails working in a role that your UK sponsor has specifically endorsed. This job must fall within the eligible occupation codes and meet the salary and skill level requirements set by the UK immigration authorities.

The primary role should align with the job description and conditions outlined in your Certificate of Sponsorship, ensuring that the employee and employer adhere to immigration regulations.

While primary employment covers the main job a visa holder is sponsored, the Skilled Worker Visa also allows for supplementary work. This includes:

  • Overtime in Sponsored Job: If you choose to work overtime in your primary job, you do not need to update your visa regardless of the hours worked, provided the extra hours do not violate any employment contract terms.
  • Additional Part-time Employment: You can work up to 20 hours per week in another employment or for your own business. This work must also align with an eligible occupation code and not conflict with the responsibilities of your primary job.
  • Voluntary Work: Engaging in unpaid voluntary work is permitted, giving you the flexibility to contribute to the community and gain additional experience without affecting your visa status.

2. Study Rights

Beyond work, Skilled Worker Visa holders are permitted to pursue studies in the UK. This right allows individuals to enrol in various educational courses, part-time or full-time, without needing a separate student visa. 

This is a great chance for those looking to further their education alongside their professional careers. However, it’s essential to remember that you must complete your study within the visa duration. 

3. Family Rights

The Skilled Worker Visa facilitates family reunification by allowing visa holders to bring their dependents to the UK. Dependants, defined as partners and children under 18, can live, work, and study in the UK and enjoy many of the same benefits as the primary visa holder. 

To apply for the Skilled Worker Dependant Visa, the dependant must fulfil certain criteria, including proving the relationship with the primary applicant and proving identity and financial requirements. 

Also get to know about: Qualifying for the Skilled Worker Visa: Requirements and Eligibility

4. Access to NHS

Skilled Worker Visa holders and their dependants can access the National Health Service (NHS) upon payment of the Immigration Health Surcharge. This contribution entitles them to comprehensive medical care throughout their visa, ensuring health security in the UK.

5. Travel Rights

Skilled Worker Visa also has the flexibility, allowing holders to leave and re-enter the UK during the visa’s validity period. This right is particularly beneficial for professionals whose roles may involve international travel or those who wish to visit home countries during holidays without jeopardising their visa status.

It’s crucial to ensure that your passport and visa remain valid for your travels. Tracking expiration dates and renewing documents in advance will prevent issues at border entry points.

Also, always carry the necessary documentation, including your Biometric Residence Permit (BRP) and proof of employment in the UK, to facilitate smooth re-entry at UK borders.

Get to know about: Step-by-Step Guide: How to Apply for the Skilled Worker Visa

6. Settlement Rights

One of the most noteworthy long-term benefits of the Skilled Worker Visa is its pathway to permanent settlement in the UK, known as Indefinite Leave to Remain (ILR). After five years of continuous and lawful residence, Skilled Worker Visa holders can apply for ILR, granting them the right to live and work in the UK indefinitely.

Main Eligibility Criteria for ILR:

  • Continuous Residence: Applicants must not have spent more than 180 days outside the UK in any 12 months during the five years.
  • Financial Requirements: Evidence of meeting the minimum income threshold, currently set at £38,700 per year (subject to change), or the going rate for the job, whichever is higher.
  • Knowledge of Language and Life in the UK: Applicants must pass the Life in the UK test and meet the English language requirements, demonstrating sufficient knowledge about British life and a competent level of English.

Benefits of Obtaining ILR:

  • No Work Restrictions: Individuals with ILR can work in any job, start a business, or even change careers without needing sponsorship or other permissions from the Home Office.
  • Access to Public Funds: Eligibility for various forms of public assistance and benefits, which are not typically available to those on temporary visas.
  • British Citizenship: After maintaining ILR for at least 12 months, individuals may apply for British citizenship, provided they meet all other naturalisation requirements.

Also read about: Stay Terms and Conditions: Guidelines for Skilled Worker Visa Holders

Let Sponsor Licence Lawyers Help You

Understanding the complex requirements and application process of the Skilled Worker Visa can be daunting. Simplify this process with expert assistance from Sponsor Licence Lawyers. We offer tailored advice and robust support to ensure that your stay in the UK is successful and compliant with immigration laws.

Whether you’re seeking to apply for or extend your visa, apply for Indefinite Leave to Remain, or need help with family visas, our team is here to assist you. Connect with us today and secure your future in the UK with confidence.

You Ask, We Answer

FAQs

To apply for a Skilled Worker Visa, you must first receive a job proposal from a UK organisation with a valid Sponsor Licence. You’ll then need to receive a Certificate of Sponsorship from the employer and prove that you meet the eligibility requirements, such as the appropriate salary threshold and English language proficiency. The visa application is completed online, and you will also need to provide biometric information at a visa application centre.

Eligibility for the Skilled Worker Visa includes having a job offer from an approved UK employer, meeting the English language requirements, and earning an appropriate salary that meets or exceeds the general salary threshold or the going rate for the job. Additionally, the job offer must be in a position on the list of eligible occupations.

According to current immigration rules, any change to a new role with a different employer requires you to apply to modify your existing Skilled Worker visa. This ensures that your new employment meets the visa’s requirements and that you comply with UK immigration regulations.

Yes, you may apply to extend your Skilled Worker Visa as long as you still satisfy the eligibility standards, including being employed in an eligible role by a licensed sponsor. It is recommended that you submit your visa extension application well in advance of your existing visa expiration date. Typically, you will have up to three months to do so.

On a Skilled Worker Visa, you cannot access public funds such as unemployment benefits or housing assistance. Additionally, you cannot change employment without first obtaining a new Certificate of Sponsorship and applying for a visa update. 

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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.

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