Share Now
on May 17, 2024
Read Time: 8 Minutes
The statistics tell their own story about the popularity of the Skilled Worker visa route as a means of migrating to the UK; over the 12 months ending June 2023, more than 69,000 of these visas were granted to main applicants. This constituted a 34% increase compared to the previous year.
There is also a lot that a non-UK national can do on a Skilled Worker visa during their time in the country; in addition to working in an eligible job, they are entitled to study, take on additional work in certain circumstances, and undertake voluntary work. They might also be able to bring their partner and children with them to the UK as their “dependants”, provided that they are eligible.
The Skilled Worker visa can last for up to five years before the holder needs to extend it, and the holder is able to apply to extend their visa as many times as they wish, subject to them continuing to satisfy the eligibility criteria. This route can also provide a pathway to settling in the UK after five years – a status known as “indefinite leave to remain” (ILR).
With all that in mind, you might understandably be wondering whether the UK visa that you presently hold – or are thinking of applying for – would give you the right to switch to the Skilled Worker visa at a later date. So, let’s take a look at what your options could be in this regard.
The short answer to this question is yes, depending on what specific UK visa the given foreign national is hoping to switch from, and their ability to fulfil certain other conditions. For the purposes of this article, “switching visa” refers to changing from one UK visa to another, without leaving the UK to make a new visa application.
There are certain groups of people who do not have the option of switching to the Skilled Worker visa while still in the UK. Those include individuals on a:
Nor will you have the right to switch to the Skilled Worker visa if you are presently in the UK on immigration bail, or because you were given permission to stay outside the immigration rules (for example, on compassionate grounds).
If the UK visa that you are currently holding (or are thinking of applying for) is not mentioned in the above list, it might be possible for you to switch to the Skilled Worker visa.
Even if your current UK visa would give you the right to switch to the Skilled Worker visa, you will still need to satisfy the other eligibility requirements for this route. Those requirements include doing a job that is on the UK Home Office’s list of eligible occupations, as well as having the ability to speak, read, write, and understand the English language.
Furthermore, you will only be able to qualify for a Skilled Worker visa if you will be doing a job for a Home Office-approved UK employer. You will need to have a “Certificate of Sponsorship” (CoS) from your employer with details of the role that they have offered you in the UK.
Furthermore, there is a minimum salary requirement, although the exact amount will depend on what work you do. Presuming that your CoS was issued on or after 4th April 2024, you will need to be paid the minimum “standard” salary for the type of work you will be carrying out. This will be either £38,700 per year or the “going rate” for the job you will be doing – whichever is higher.
There may be certain other requirements that you need to be aware of, depending on your circumstances and the visa you are seeking to switch from. If, for example, it is the Student visa that you presently hold in the UK, you will also need to satisfy one of the below criteria:
If you are unsure what requirements you may need to meet in order to switch to the Skilled Worker visa from your current UK visa, please feel free to contact our experts in UK immigration law for advice and guidance. You can call our central London-based team on 0208 215 0053, or fill in and submit our online contact form to request a free consultation.
Yes, it is possible to switch from a dependant visa in the UK to a Skilled Worker visa, for foreign nationals who are presently dependants on any of a wide range of UK visa routes. These include the likes of the:
A major advantage of switching from a dependant visa to a Skilled Worker visa as the main visa holder, is that this would give you the right to live and work in the UK independently from the main visa holder you are presently depending on.
If you are currently a dependant of a main visa holder in the UK, your entitlement to stay in the UK will be tied to that main visa holder. This would mean that if, for example, the main visa holder left the UK or you no longer lived with the main visa holder, there could be implications for your own ability to stay in the UK.
By contrast, if you are approved as a main holder of the Skilled Worker visa in your own right, your right to live and work in the UK would not be linked to any other visa holder. You would simply have to ensure you complied with the rules that apply to all main holders of this visa.
If you wish to switch to the Skilled Worker visa from another UK visa, you will need to apply online – via the Home Office GOV.UK website – before your present visa expires.
When you apply, you will be required to pay the application fee for this visa. As someone who is applying from inside the UK to switch to this visa, the standard fee will be £827 per person if you will be in the UK for up to three years, or £1,636 per person if you intend to spend more than three years in the UK on this visa. However, you can expect to pay a lower application fee than this if your job is on the UK Government’s immigration salary list.
It will also be necessary for you to pay the immigration healthcare surcharge (IHS) for each year of your stay. This is usually £1,035 per year, although we would urge you to use the Home Office’s online tool to check how much you will be expected to pay, prior to submitting the visa application.
You will also be required to have your biometric information – consisting of fingerprints and a photo – taken. You won’t need to pay a fee for this. If you have spent less than a year in the UK, the Home Office will also expect you to prove that you have sufficient funds to support yourself.
Proving your identity, and the provision of supporting documents, will be key elements of your application to switch to a Skilled Worker visa. When you apply, you will be told what you need to do, as the exact process will depend on where you’re from and what passport type you hold. It will involve one of the following:
If you came to the UK on a Student visa in order to pursue a course of study in the country, you may have progressed to the Graduate visa on completion of your course.
This visa gives holders the right to live in the UK for at least two years after finishing their course in the UK. Holders of this visa who hold a PhD or another doctoral qualification will have permission to stay in the UK for three years.
However, the Graduate visa does not give holders the right to extend it beyond those two or three years. If this describes your situation, you may be able to switch to the Skilled Worker visa in order to continue living in the UK.
If you are interested in moving from the Graduate visa to the Skilled Worker visa, you will need to submit your application for the latter visa during the two or three years when your Graduate visa is still valid. If your Graduate visa expires without you having applied to switch to the Skilled Worker visa, you will be required to leave the UK before submitting an application for the Skilled Worker visa.
Are you considering a switch from your current UK visa to the Skilled Worker visa, so that you have the right to continue living in the UK? Whatever your situation may be, you are welcome to get in touch with our knowledgeable, award-winning experts in UK immigration law at Cranbrook Legal. When you do, we can provide tailored advice and guidance and even project-manage your visa application, to help ensure you make the right choices for you, while maximising your likelihood of receiving a positive decision from the Home Office.
Simply complete and submit our online contact form now to arrange a free consultation, or call us on 0208 215 0053.
How Can We Help You?
