Understanding the Job Requirements for Hiring Skilled Workers

The UK’s Skilled Worker Visa is a key route for businesses to hire skilled talent from abroad and for foreign professionals to work in the UK. Both employers (sponsor licence holders) and skilled workers must meet the strict criteria set by the Home Office to avoid delays or compliance issues. We’ve helped tackle some questions about an ‘eligible job’ below. 

What Is a Skilled Worker Visa?

The Skilled Worker Visa enables foreign nationals to work in the UK in roles that require specific skills or expertise. Employers must ensure the job meets Home Office criteria to avoid penalties, while workers must confirm their job aligns with these standards to qualify for the visa. This route allows professionals to contribute to UK industries like technology, healthcare, engineering, and finance while building a career in the UK.

Key Requirements for Eligible Jobs

To be eligible for a Skilled Worker Visa, certain criteria must be met for the job being offered. Both employers and employees should be aware of these requirements to ensure compliance.

A. Skill Level

One of the first criteria for an eligible job is that the role must require skills at RQF Level 3 or above. This means the job must involve specialised skills or qualifications rather than being an entry-level or unskilled position. Professions in areas like healthcare, IT, engineering, and finance generally meet this requirement.

However, it’s important to note that while a job may be at the required skill level, it may not necessarily be eligible for a Skilled Worker Visa. Employers should always double-check the occupation codes to ensure they match the position being offered.

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B. Salary Threshold

The job must also meet a minimum salary requirement. The salary thresholds are as follows:

• Must meet the minimum threshold of £38,700 per year or the ‘going rate’ for the job, whichever is higher.

Some exemptions exist for specific circumstances. For example, workers under 26, graduates, or those in shortage occupations may qualify with a lower salary. Employers should always be mindful of these specific rules when hiring skilled workers.

C. Occupation Code

Every job role is categorised by an occupation code that determines whether the role is eligible for the Skilled Worker Visa. It’s essential for employers to reference the correct occupation code when defining the job description. The Home Office provides a list of occupation codes that helps employers ensure their job meets the required skill and experience level.

Employers should also be aware that while some job titles may seem similar, they may fall under different occupation codes. For example, "chefs" may qualify for the visa, but "cooks" may not, depending on the occupation code and the skills required for the role. Therefore, a thorough review of the occupation code is necessary when offering a role to a skilled worker.

D. Genuine Vacancy

The job being offered must be a genuine vacancy. This means the role must exist within the company and be essential to its operations. Employers should avoid creating roles solely for immigration purposes. A job must reflect an actual need within the business, and employers should be prepared to demonstrate the legitimacy of the position if required by the Home Office.

Employer's Responsibility: The Sponsor Licence Process

Before hiring a skilled worker, employers must obtain a valid sponsor licence. The process includes:

• Document Preparation: Collect required documents.
• Online Application: Submit via the UK government system.
• Licence Fees: £536 for small businesses or charities, £1,476 for larger ones.

Once approved, the employer can sponsor foreign workers and ensure compliance with Home Office regulations.

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Our Services in case example

Alexandra Mokrova, an experienced immigration lawyer specialising in corporate immigration, helped a client successfully fulfill the necessary requirements to hire a migrant worker under the Skilled Worker Visa route. In this case, the applicant, a foreign national, was offered a role in the marketing team of a UK-based company, leveraging her expertise in advertising and marketing. Alexandra advised that the client could benefit from a lower salary threshold of £29,000, as the skilled worker had previously entered the UK on a Skilled Worker Visa with another company prior to April 2024.

Furthermore, the employee's role matched two SOC codes, and Alexandra helped the client identify the one most suitable for the position. Alexandra ensured that the sponsor complied with all Home Office regulations, including certifying the maintenance requirement, submitting a valid Certificate of Sponsorship (CoS), and ensuring the applicant met the English language and other criteria. This successful case demonstrates how, with expert guidance, businesses can navigate the complexities of hiring skilled migrant workers.

Conclusion

Hiring skilled workers under the UK’s Skilled Worker Visa program requires careful attention to specific requirements set by the Home Office. Employers must ensure their job offers meet the skill, salary, and occupation code requirements, while workers must ensure they are employed by an approved UK sponsor and meet the salary threshold for the role.

For businesses and workers navigating the complexities of the Skilled Worker Visa, consulting with an immigration advisor or legal expert can help ensure compliance and avoid costly mistakes. Our law firm is here to provide expert guidance and assist you in securing the necessary sponsorship and work visas for skilled talent from around the world.

Should you have any questions regarding the application process, sponsor licences, or the visa requirements, reach out to us to be put in contact with our team of specialists.

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Contact us today for expert advice with UK immigration laws.

Book a free assessment call with us

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