Switching To a Skilled Worker Visa From Inside The UK
If you are already in the UK and hold a valid Certificate of Sponsorship (CoS) from a UK employer with a Skilled Worker Sponsor Licence, you may be eligible to switch to a Skilled Worker Visa from within the UK. However, this option is only available if your current visa status permits switching; individuals who are not allowed to switch from their current leave to remain are ineligible to apply from inside the UK. The application for switching to a Skilled Worker Visa must comply with the guidelines outlined in Appendix Skilled Worker, Appendix Skilled Occupations, and Appendix Immigration Salary List.
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Switching to a Skilled Worker Visa within the UK is a pivotal step for individuals aiming to continue their professional journey or explore new employment opportunities. This visa offers a clear path for skilled professionals to advance their careers in the UK. With evolving immigration regulations and UKVI policy updates, understanding the eligibility criteria, application procedures, and important details is essential for a seamless transition. By staying informed about the process, applicants can successfully navigate the requirements and transition smoothly to a Skilled Worker Visa, paving the way for a prosperous career in the UK.
The Skilled Worker Visa is intended for individuals who have received a confirmed job offer from a UK-based employer and meet the necessary skill, qualification, and English language requirements. Replacing the Tier 2 (General) visa in December 2020, this route was designed to attract skilled professionals from across the globe to contribute to the UK’s workforce.
Free Online Immigration Consultation for Switching to a Skilled Worker Visa
Our dedicated team of immigration solicitors offers one-time free consultations online for individuals seeking advice on switching to a Skilled Worker Visa within the UK. You can ask our experts questions or schedule a detailed consultation with our experienced solicitors to ensure your application process is handled with the utmost care and professionalism.
Requirements for Switching to a Skilled Worker Visa in the UK
To successfully switch to a Skilled Worker visa from within the UK, an applicant must fulfill the following requirements in accordance with the UK Immigration Rules:
Valid Application Submission: The applicant is required to submit a valid application for switching to the Skilled Worker visa from within the UK.
Valid Certificate of Sponsorship (CoS): The applicant must hold a Certificate of Sponsorship, issued by their employer no more than 3 months prior to the date of application.
Points-Based Requirement: The applicant must accumulate 50 points from mandatory non-tradeable criteria and at least 20 points from tradeable points, as per the points-based immigration system.
Minimum Age: Applicants must be at least 18 years old on the date of application for the Skilled Worker visa.
Immigration Status: Applicants applying for a Skilled Worker visa must be in the UK at the time of application. Additionally, they should not have previously been granted permission as one of the following:
- Visitor
- Short-term student
- Parent of a child student
- Seasonal worker
- Domestic worker in a private household
- Outside the Immigration Rules
Special Conditions for Students: In accordance with changes to the Immigration Rules on 17 July 2023, students wishing to switch to a Skilled Worker visa must satisfy one of the following conditions at the time of application:
Condition A:
- The applicant has completed the course of study for which their Confirmation of Acceptance for Studies (CAS) was issued (or a course governed by ST 27.3 of Appendix Student).
Condition B:
- The applicant is currently enrolled in a full-time degree-level or higher course at a compliant higher education provider,
- with the Certificate of Sponsorship starting no earlier than the course completion date.
Condition C:
- The applicant is studying a full-time PhD course at a compliant higher education provider,
- with the Certificate of Sponsorship beginning no earlier than 24 months after the course’s start date.
Suitability Criteria: The applicant must not fall under the refusal grounds set out in Part 9 of the Immigration Rules.
Compliance with Immigration Laws:
- Applicants must not be in breach of immigration laws, except for any period of overstaying disregarded under paragraph 39E,
- nor should they be on immigration bail.
Written Consent for Government-funded Scholars: Applicants who have received a government or international scholarship within the past 12 months, covering both fees and living expenses, must provide written consent from the awarding body or agency.
Financial Requirements:
If the applicant has been in the UK for 12 months or more at the time of application, the financial requirement is deemed satisfied, and no further evidence of funds is needed.
If the applicant has been in the UK for less than 12 months, they must either:
-
-
- Show personal savings of at least £1,270, held for a minimum of 28 consecutive days as per Appendix Finance; or
- Have their A-rated sponsor confirm in writing that they will provide accommodation and maintenance for the applicant during their first month of employment, ensuring an amount of at least £1,270.
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Salary Requirements for the Skilled Worker Visa UK: A Detailed Guide
When applying for the Skilled Worker Visa in the UK, applicants are required to accumulate a total of 70 points, with 50 points allocated to mandatory non-tradeable criteria and 20 points available from tradeable factors.
Mandatory Non-Tradeable Points for Skilled Worker Visa
To successfully apply for the Skilled Worker Visa, applicants must first secure 50 points from mandatory non-tradeable categories. The remaining 20 points can be obtained from tradeable criteria. The following table outlines the key non-tradeable requirements:
| Criteria | Points |
|
Sponsorship from an approved employer |
20 |
|
Job at the required skill level |
20 |
|
English language proficiency (minimum B1 level) |
10 |
Tradeable Points for Skilled Worker Visa UK: A Comprehensive Guide
When applying for a Skilled Worker Visa in the UK, both applicants and sponsors must ensure that all relevant information is provided to secure the necessary tradeable points. These points can be obtained in multiple ways, though applicants cannot combine different options to reach the required total. To successfully obtain a Skilled Worker Visa, an applicant must accumulate 20 tradeable points, but it’s essential to understand that these points can only be claimed from one specific option.
The following guidelines outline how applicants can earn their 20 points, with each option having its own set of criteria:
- Points Allocation Process: Applicants must earn their 20 points from one of the options listed below. Specifically:
Points can only be awarded from options A to E unless criteria outlined in (b) or (c) are met.
- Eligibility for Points from Options F to J:
- Applicants may only claim points from options F to J if they are sponsored for a Health and Care ASHE salary job.
- If the application is made before 4 April 2030, and the applicant was granted Skilled Worker status under pre-4 April 2024 rules with continuous permission since then (excluding any overstaying under paragraph 39E), they may also qualify for points from these options.
- Eligibility for Points from Option K:
Points can only be claimed from option K if the applicant is sponsored for a role within an eligible SOC 2020 occupation code, as detailed in Table 3 of Appendix Skilled Occupations.
Additionally, for applicants whose Certificate of Sponsorship (CoS) was assigned on or after 4 April 2024, the salary requirements have been updated. To qualify, applicants must earn at least £38,700 per year or meet the “going rate” for their occupation, whichever is higher. Each occupation code is associated with its specific annual going rate.
Salary Requirements for Scoring Tradeable Points for Skilled Worker Visa UK – Options A to E
To meet the salary requirements for the Skilled Worker Visa in the UK, applicants can qualify for 20 tradeable points through various options outlined in the Immigration Rules. Below is a detailed overview of each option:
Option A: Standard Salary Requirements
Under Option A, applicants can score 20 tradeable points if their salary meets or exceeds the following criteria, in accordance with paragraph SW8.1 of Appendix Skilled Worker:
- An annual salary of £38,700, and
- The prevailing salary for the relevant SOC 2020 occupation code, as detailed in Table 1 of Appendix Skilled Occupations.
Option B: PhD in a Relevant Subject
Applicants with a PhD in a subject directly related to their job can score 20 tradeable points under Option B, as per paragraphs SW9.1 to SW9.4 of the Immigration Rules. To qualify, the applicant’s salary must meet both of the following conditions:
- A salary of at least £34,830 per year, and
- 90% of the going rate for the SOC 2020 occupation code, as listed in Table 1 of Appendix Skilled Occupations.
Option C: PhD in a STEM Subject
For applicants with a PhD in a STEM subject relevant to the job, 20 tradeable points can be achieved under Option C, as per paragraphs SW10.1 to SW10.3 of Appendix Skilled Worker. The salary must satisfy these two criteria:
- A minimum salary of £30,960 annually, and
- 80% of the going rate for the relevant SOC 2020 occupation code, as specified in Table 1 of Appendix Skilled Occupations.
Option D: Job on the Immigration Salary List
Applicants sponsored for a job listed on the Immigration Salary List can score 20 tradeable points under Option D, as outlined in paragraphs SW11.1 to SW11.3 of Appendix Skilled Worker. To meet the salary requirement, the applicant’s compensation must meet both conditions:
- An annual salary of £30,960, and
- The going rate for the relevant SOC 2020 occupation code, as shown in Table 1 of Appendix Skilled Occupations.
Option E: New Entrants to the Workforce
New entrants to the workforce can score 20 tradeable points under Option E, as per paragraphs SW12.1 to SW12.3 of Appendix Skilled Worker. To qualify, the applicant’s salary must meet the following criteria:
- A salary of at least £30,960 annually, and
- 70% of the going rate for the relevant SOC 2020 occupation code, as listed in Table 1 of Appendix Skilled Occupations.
Salary Requirements for Skilled Worker Visa under Options F to J
Applicants seeking a Skilled Worker visa can qualify for 20 tradeable points from options F to J, provided they meet the specific criteria outlined below:
- Option 1: The applicant is being sponsored for a Health and Care ASHE salary job, or
- Option 2: The application is submitted before 4 April 2030, the applicant was granted permission as a Skilled Worker under the previous rules before 4 April 2024, and they have maintained continuous Skilled Worker status since then (with any period of overstaying, as per paragraph 39E, being disregarded).
Tradeable Points: Detailed Overview
Tradeable points are crucial in obtaining a Skilled Worker visa, and candidates can secure 20 points under the following options:
Option F: Salary-Based Eligibility
To score 20 tradeable points under Option F, applicants must meet the criteria set forth in SW8.1 of Appendix Skilled Worker within the Immigration Rules. The salary requirement under this option is as follows:
- A minimum annual salary of £29,000, and
- The salary must align with the going rate for the relevant occupation, as defined by the SOC 2020 occupation code in Table 2 or 2a of Appendix Skilled Occupations.
Option G: PhD in a Relevant Subject
Applicants can earn 20 tradeable points under Option G, if they hold a PhD in a field relevant to their job. The salary requirements for this option are:
- A minimum annual salary of £26,100, and
- 90% of the going rate for the relevant SOC 2020 occupation code, as set out in Table 2 or 2a of the Appendix Skilled Occupations.
Option H: PhD in a STEM Subject
Under Option H, applicants with a PhD in a STEM subject related to their job can qualify for 20 points. The salary requirements include:
- A minimum annual salary of £23,200, and
- 80% of the going rate for the relevant SOC 2020 occupation code, as specified in Table 2 or 2a of the Appendix Skilled Occupations.
Option I: Job on the Immigration Salary List
For applicants whose job is listed on the Immigration Salary List, Option I provides the opportunity to score 20 tradeable points, subject to the following:
- A salary of at least £23,200 per year, and
- The salary must meet or exceed the going rate for the corresponding SOC 2020 occupation code, as indicated in Table 2 of Appendix Skilled Occupations.
Option J: New Entrant
Option J is designed for new entrants to the workforce. Applicants can secure 20 tradeable points under this category if:
- They are a new entrant at the start of their career, and
- Their salary is at least £23,200 per year, and
- Their salary reaches 70% of the going rate for the relevant SOC 2020 occupation code, as detailed in Table 2 of Appendix Skilled Occupations.
Option K: Job in a Listed Health or Education Occupation for Skilled Worker Visa
Certain health and education occupations are identified in Table 3 of the Skilled Occupations Appendix. The salary rates for these roles are derived from national pay scales, and no reductions are permitted. If an applicant is sponsored for a role under the occupation codes listed in Table 3, they can only earn tradeable points under Option K.
To qualify for a Skilled Worker Visa in the UK, applicants can earn 20 tradeable points under Option K, as per SW13.1 to 13.3 of the Immigration Rules, provided they meet the following criteria:
- The applicant is sponsored for a position in a listed health or education occupation.
- The applicant’s salary must be at least £23,200 annually.
- The salary must also meet or exceed the going rate for the occupation, as outlined in Table 3 of the Skilled Occupations Appendix.
Can I Use the Priority or Super Priority Service to Switch to a Skilled Worker Visa?
At Aden & Co Solicitors, our skilled worker visa experts in London are fully registered with the Home Office and UK Visas & Immigration (UKVI), as well as their commercial partners, UKVCAS Sopra Steria. We offer both Priority and Super Priority Services to accelerate the process of switching to a Skilled Worker Visa.
By opting for Super Priority Service, you can expect a decision on your application within just 24 hours, or within 5 working days using the Priority Service. This allows you to avoid the lengthy delays often associated with visa applications, ensuring a faster decision on your Skilled Worker Visa application. Let our experienced solicitors at Aden & Co Solicitors help you navigate the application process quickly and efficiently.
How Aden & Co Solicitors Can Assist with Your Skilled Worker Visa Switch
At Aden & Co Solicitors, our team of expert immigration professionals is dedicated to providing comprehensive legal assistance for your Skilled Worker Visa switch application. We offer tailored immigration advice and representation on a fixed fee basis to ensure your application is handled efficiently and effectively until the Home Office UKVI reaches a decision.
Our immigration specialists will guide you through every step of the application process, which includes the following services:
Expert Guidance on Eligibility Requirements: Our skilled worker visa solicitors will assess your situation and advise you on the specific eligibility criteria that must be met to ensure the success of your switch to a Skilled Worker Visa.
Document Preparation and Advice: We will provide a clear, detailed list of required supporting documents and assist you in gathering and organizing them for your application.
Thorough Document Review: Our team will meticulously review all your documents to ensure they meet the immigration rules and regulations, guaranteeing compliance with the requirements of the Skilled Worker Visa application.
Application Form Completion: Our solicitors will handle the completion of your Skilled Worker Visa application form, ensuring all information is accurate and presented professionally.
Priority Service Submissions: If applicable, we will submit your application via the Priority or Super Priority Service to expedite the processing time, helping you receive a quicker decision from the Home Office UKVI.
Biometric Appointment Scheduling: After the online submission, we will schedule your appointment at the application centre to complete your biometric enrolment, ensuring this critical step is managed smoothly.
Comprehensive Cover Letter: Our team will prepare a detailed cover letter to support your application, outlining all legal aspects and ensuring the Home Office UKVI understands why your application meets the necessary criteria for approval.
Document Upload: Prior to your biometric enrolment, we will upload all supporting documents online to ensure they are considered as part of your Skilled Worker Visa application.
Ongoing Follow-Up: From submission to decision, our solicitors will handle all follow-up communication with the Home Office UKVI, ensuring your case progresses without delays.
Other Related Services
Cost of Switching to a Skilled Worker Visa in the UK
The cost of switching to a Skilled Worker Visa from within the UK involves several components, as outlined below:
Our Fixed Fees
The fixed fee for assisting with your Skilled Worker Visa application ranges from £800 + VAT to £1,200 + VAT. This comprehensive fee covers all aspects of the process, including:
- Providing expert advice on necessary documentation
- Reviewing and verifying your documents
- Completing the visa application form
- Submitting the online application
- Booking your biometrics appointment
- Drafting a supporting cover letter
- Uploading all required supporting documents
- Handling all follow-up actions until the Home Office UKVI makes a decision on your case
The exact fee will depend on the complexity of your situation and the volume of work required. An initial payment of 50% of the fee is due at the commencement of our services, with the remaining balance payable once your application is fully prepared and ready for submission.
Affordable Alternatives
“If the full service fee is outside your budget, we offer a more affordable option. You can schedule a one-time consultation for a fixed fee of £100 (including VAT) for professional immigration advice. Alternatively, if you only need document verification, we offer a document checking service for £300 (including VAT).”
Home Office UKVI Application Fees
When applying to switch to a Skilled Worker Visa within the UK, the Home Office UKVI fees are based on the length of your intended stay:
- For stays of up to 3 years, the application fee is £827 per applicant, along with the Immigration Health Surcharge (IHS) at £1,035 per year.
- For stays longer than 3 years, the application fee increases to £1,636 per applicant, with the IHS remaining at £1,035 per year.
Reduced Fees for Shortage Occupation List Workers
If your occupation is listed on the shortage occupation list, you and your dependents qualify for discounted fees:
- For stays of up to 3 years, the application fee is £551 per person, with the IHS charged at £1,035 per year.
- For stays exceeding 3 years, the application fee is £1,084 per person, with the IHS charged at £1,035 per year.
FAQs – Switching to a Skilled Worker Visa in the UK
Here are some frequently asked questions (FAQs) regarding the process of switching to a Skilled Worker Visa from within the UK:
What does "switching to a Skilled Worker Visa" mean?
Switching to a Skilled Worker Visa refers to transitioning from another type of UK visa to the Skilled Worker Visa while staying within the UK. As long as you meet the necessary immigration status requirements and comply with specific switching conditions, you can change from your current visa category to the Skilled Worker Visa without leaving the country.
Can I switch to a Skilled Worker Visa from inside the UK?
Yes, it is possible to switch to a Skilled Worker Visa from within the UK, provided you are in the UK under a visa category that permits such a transition. You must also meet the full eligibility criteria for the Skilled Worker Visa as outlined in the UK Immigration Rules.
What is a Skilled Worker Visa in the UK?
The Skilled Worker Visa is part of the UK’s points-based immigration system, intended for individuals who have a confirmed job offer from a UK employer. To qualify, applicants must meet certain eligibility criteria related to skill level, salary, and English language proficiency.
What are the eligibility criteria for switching to a Skilled Worker Visa?
To switch to a Skilled Worker Visa, you must have a confirmed job offer from a UK employer with a sponsorship license. Additionally, you must meet the required skill level and qualifications for the role, demonstrate proficiency in the English language, and satisfy the financial requirements set by the Home Office.
Do I need to leave the UK to apply for a Skilled Worker Visa?
In most cases, you do not need to leave the UK to switch to a Skilled Worker Visa if you meet the eligibility requirements. However, certain visa categories may require you to leave the UK to complete the application process.
Can I switch employers after obtaining a Skilled Worker Visa?
Yes, you can change employers while holding a Skilled Worker Visa. However, your new employer must have the necessary sponsorship license to sponsor you. You may be required to submit a new application to update your visa details, ensuring compliance with the visa’s terms.
Is there a minimum salary requirement for switching to a Skilled Worker Visa?
Yes, the position you are offered must meet the minimum salary threshold set by the UK government to be eligible for switching to a Skilled Worker Visa. The specific salary requirement varies based on the job role and other related factors.
Can I switch to a Skilled Worker Visa if my employer does not have a sponsorship license?
Yes, it is possible to switch to a Skilled Worker Visa if your prospective employer is willing to apply for a sponsor license. Once the license is granted, they can sponsor you under the Skilled Worker Visa category. Aden & Co Solicitors offers expert services to assist employers in obtaining a sponsor license within just 10 working days through our Priority Service.
What financial requirements must be met for switching to a Skilled Worker Visa in the UK?
If the applicant has been in the UK for 12 months or more at the time of the application, they are automatically considered to meet the financial requirement and do not need to provide evidence of funds. However, if the applicant has been in the UK for less than 12 months, they must either:
- Have personal savings of at least £1,270, or
- Have a sponsor certify that they will maintain and accommodate the applicant up to the first month of employment with an amount of at least £1,270.
What are the immigration status requirements for switching to a Skilled Worker Visa from within the UK?
You are not eligible to switch to a Skilled Worker Visa if you are currently in the UK under any of the following visa categories:
- Visitor Visa
- Short-Term Student Visa
- Parent of a Child Student Visa
- Seasonal Worker Visa
- Domestic Worker in a Private Household Visa
- Immigration Bail
- Permission to stay outside the immigration rules (e.g., on compassionate grounds)
If you hold any of these visa types, you must leave the UK and apply for entry clearance for a Skilled Worker Visa from abroad.
Can I switch from an ICT visa to a Skilled Worker visa within the UK?
Yes, it is possible to switch from an Intra-Company Transfer (ICT) visa to a Skilled Worker visa under the UK’s new points-based immigration system. Aden & Co Solicitors specialize in providing expert legal support for individuals looking to transition from an ICT visa to a Skilled Worker visa. Notably, there is no cooling-off period required for this transition. Additionally, those holding an ICT Dependant visa can also switch to a Skilled Worker visa while in the UK.
Can I switch from a Student visa to a Skilled Worker visa from within the UK?
Recent changes to the Immigration Rules, effective from 17 July 2023, have outlined specific conditions for switching from a Student visa to a Skilled Worker visa. The applicant must satisfy one of the following conditions at the time of application:
Condition A: The applicant must have successfully completed their course of study for which a Confirmation of Acceptance for Studies (CAS) was issued.
Condition B: The applicant must be enrolled in a full-time course at degree level or above with an approved higher education provider, with a Certificate of Sponsorship (CoS) start date no earlier than the course completion date.
Condition C: The applicant must be studying a full-time PhD course with an accredited higher education provider, with a CoS start date no earlier than 24 months from the start of the course.
Can I switch from a Spouse/Partner visa to a Skilled Worker visa within the UK?
If you are currently in the UK on a Spouse/Partner visa as the spouse of a British citizen or settled person, you may switch to a Skilled Worker visa. The same applies if you are on a Dependent visa as a partner of someone holding a work visa in the UK. It is common for individuals on ICT or Student dependent visas to switch to a Skilled Worker visa from within the UK.
Can I switch from a Dependant visa to a Skilled Worker visa from within the UK?
Those on a Dependant visa in the UK can switch to a Skilled Worker visa if they have a job offer from a UK employer with a valid Skilled Worker sponsor licence. If your prospective employer does not yet hold a sponsor licence, Aden & Co Solicitors can assist with applying for the necessary licence so your employer can sponsor your application for the Skilled Worker visa.
Can I work part-time for my sponsor on a Skilled Worker visa?
No, you cannot work part-time for your sponsor on a Skilled Worker visa. The position must be a full-time role, requiring at least 30 hours of work per week. If the employment is less than 30 hours per week, the Home Office or UKVI may reject your application for the Skilled Worker visa.
What happens if my application to switch to a Skilled Worker visa is refused?
If your application is refused, you have the right to request an administrative review, where the Home Office (UKVI) will reassess the decision. It is crucial to seek professional legal advice to explore your options and understand the steps you can take to rectify the situation.