Keeping Tabs on the UK’s Skilled Worker Visa Framework

If you’re thinking of working in immigration law, advising individuals on the UK’s latest immigration legislation and procedural framework, it’s important to stay abreast of the biggest updates.

Here we outline the sizeable change between the Tier 2 General Visa and the new Skilled Worker Visa framework. Mastering the crucial changes in this framework is important for lawyers to support future applicants and employers alike.

The key changes between the Skilled Worker Visa and the Tier 2 General Visa

Implemented in 2020, the UK Skilled Worker Visa was a step change in its approach to attracting skilled professionals from around the world. The new framework seeks to fill roles in sectors where the British workforce has a dearth of skilled worker candidates from within the UK.

The Skilled Worker Visa represents a shift from the Tier 2 General Visa in several ways. The most notable shift has been the scrapping of the Resident Labour Market Test. Under the previous regime, business owners had to promote job vacancies to British citizens before they could promote the same roles to workers overseas.

The Skilled Worker Visa circumvents this requirement, enabling owners to promote job opportunities to offshore professionals as soon as the vacancies arise.

In addition, the Skilled Worker Visa has widened the spectrum for its eligible occupations. The previous regime was somewhat restrictive in terms of the occupations made available for visa and the UK government opted to broaden this list, including markets and industries where supply greatly outstrips demand in the UK job market.

The basic skill level requirement has also been altered too. Tier 2 General Visas were reserved for those with undergraduate degrees or equivalent. Skilled Worker Visas only require applicants to have an equivalent of an A-Level qualification to be considered. In addition, there’s no cap on the number of Skilled Worker Visas available in the UK.

The latest Minimum Salary Requirement of the Skilled Worker Visa

Although applicants require A-Level qualifications or equivalent to apply for a Skilled Worker Visa, the new salary threshold can muddy the waters somewhat. The minimum salary requirement for applicants has been raised to £38,700 per year or the job’s going rate, whichever is greater.

Applicants must also have a minimum of £1,270 in their bank account to demonstrate that they can support themselves during the probationary period of their new roles.

How the points-based immigration system works

The Skilled Worker Visa is still governed by the same points-based system as the one used for Tier 2 General Visas. Prospective applicants will require at least 70 points using the scoring system to be eligible for a Skilled Worker Visa. Applicants can score 20 points for things such as receiving a job offer from an approved employer or securing a role at an appropriate skill level. Applicants proficient in the English language will also receive ten points up front.

In summary, the new Skilled Worker Visa system is designed to be more flexible and aligned with the UK’s post-Brexit immigration goals, keeping the doors open to global talent.

Check out our further reading on:

• More details on the UK’s point-based immigration policy
• Discover more about A Level equivalent qualifications for skilled worker applicants