UK Visa's and Immigration
Skilled Worker
On 01 January 2021, in the wake of the Brexit deadline of 31 December 2020, the UK implemented a new immigration system, which removed the right to free movement for European Union nationals. It also introduced a ‘points-based’ system of eligibility criteria for work visas.
The new system significantly relaxed the qualifying criteria for the Skilled Worker route, which replaced the previous Tier 2 (General) category.
The resident labour market test no longer applies, where employers were required to demonstrate that they had advertised role appropriately and that there were no suitable/available resident workers. Further to this, far more jobs now fall within the ambit of the new Skilled Worker arrangements.
The Skilled Worker visa involves a points-based assessment and a minimum of 70 points need to be claimed to be successful [50 mandatory points and 20 tradeable points].
The UK employer would need to have a licence to sponsor overseas workers in order to have access to the sponsor management system where the mandatory certificate of sponsorship (CoS) would be assigned. The CoS contains important information about the role on offer in the UK.
If the role would be a new hire one, where the applicant is not already in the UK on another valid visa, then a Defined CoS allocation needs to be requested by the sponsor company, and this application is considered by UK Visas and Immigration [UKVI] before they will confirm the Certificate of Sponsorship. It’s important to note that if the applicant is in the UK on a visa allowing them to switch, then the employer can assign an Undefined Certificate of Sponsorship, which they can allocate via the Sponsor Management System without prior approval from UKVI.
In addition to having a job offer from a licenced employer sponsor, the job on offer needs to match an Occupation Code, contained in UKVI’s Codes of Practice, which is at the appropriate RQF Level 6 or 3 skill level. Applicants are also required to prove that the annual gross salary is at the “going rate”, as prescribed by the relevant Occupation Code for the role or the minimum being £26,200 per year/ £10.75 per hour [whichever is the higher figure] to claim points for earnings.
However, applicants may still be eligible for a Skilled Worker visa if the job is eligible in terms of skill level but the salary is less than £26,200 or the job’s usual ‘going rate’. Applicants must still be paid at least £10.75 per hour.
Applicants can be paid between 70% and 90% of the usual going rate for the job on offer if the salary is at least £20,960 per year and the applicant meets one of the following criteria:
- The job is in a shortage occupation.
- The migrant worker under 26, studying or a recent graduate, or in professional training.
- The migrant worker has a science, technology, engineering or maths (STEM) PhD level qualification that’s relevant to the job (if applicants have a relevant PhD level qualification in any other subject their salary must be at least £23,580)
- The migrant worker has a postdoctoral position in science or higher education.
UKVI’S Codes of Practice’s official list of eligible Occupation Codes:
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-skilled-occupations
In assigning the Certificate of Sponsorship the A-rated employer can certify the migrant worker’s maintenance. Then the Skilled Worker applicant does not need to prove £1270 in savings (maintained in their bank account for 28 days consecutively prior to the application date, with the closing balance dated within 31 days of the application date).
Noting that there would be an additional amount of £285 for an accompanying partner and £315 per child. In certifying the maintenance for the Skilled Worker, the employer sponsor automatically extends this support to the family members too.
There is also an English language proficiency requirement whereby Skilled Worker applicants [so not their partner] need to prove that that they have demonstrated a knowledge of English equivalent to level B1 or above of the Council of Europe’s Common European Framework for Language Learning [for the listening, speaking, reading and writing modules].
Alternatively, this mandatory requirement can be met if the applicant has a degree to UK Bachelor’s degree level that was taught/ researched exclusively in English, which has been assessed by ECCTIS [link as below] as opposed to sitting an appropriate English test:
http://ecctis.co.uk/visas%20and%20nationality/Default.aspx
With effect from 31 December 2012 all South Africans travelling to the UK for more than 6 months now need to do a TB test [so this exempts visitors].
Below is the link for the approved TB test clinics in SA – a valid TB certificate is needed per person at date of application as well as on arrival in the UK.
Health and Care Worker visa
A Health and Care Worker visa, which falls under the Skilled Worker route, allows medical professionals to come to or stay in the UK to do an eligible job with the NHS, an NHS supplier or in adult social care. A confirmed UK job offer from a licenced UK employer sponsor is required.
To qualify for a Health and Care Worker visa, applicants must:
- be a qualified doctor, nurse, health professional or adult social care professional.
- work in an eligible health or social care job.
- work for a UK employer that’s been approved by the Home Office
- have a ‘certificate of sponsorship’ from your employer with information about the role you’ve been offered in the UK
- be paid a minimum salary – how much depends on the type of work you do
The visa can be issued for up to 5 years before applicants need to extend their stay in the UK, and neither the main applicant nor their partner and children will have to pay the healthcare surcharge. There is a complete exemption from the otherwise mandatory immigration health surcharge.
Applicants are required to apply to extend or update their visa when it expires or if changing jobs or employer. After 5 years, applicants may be eligible for indefinite leave to remain, and then after a further 12 months they may be able to naturalise as a British citizen.
UK Family Immigration
UK Marriage / Civil Partnership Visas
The marriage / civil partnership visa allows individuals to apply for permission to enter the UK under the UK Family Migration category on the basis of their marriage or civil partnership with a British citizen or a person who is settled in the UK (i.e. a person who holds indefinite leave to remain].
Couples will need to satisfy specific requirements regarding their relationship eligibility, economic situation, their English proficiency and are required to have adequate accommodation arrangements in the UK [which can include an Airbnb booking that meets the family’s needs]. A mandatory financial requirement threshold applies to family migration applications and varies according to the number of family members applying for settlement.
If the application is successful, entry clearance will be granted for 2.5 years, which allows for unrestricted employment. After the initial 2.5 year visa an application would be made in the UK to extend for a further 2.5 years thereby leading to settlement (colloquially referred to as “permanent residence”) after 5 years.
Spouses who are not from a majority English speaking country will also need demonstrate that they speak a sufficient level of English.
Applicants can prove their knowledge of English by either:
- passing an approved English language test with at least CEFR level A1 in speaking and listening [although we recommend the B1 test so applicants can avoid having to sit another test when extending stay after 2.5 years when an A2 result is needed]
- having an academic qualification that was taught exclusively in English and is recognised by ECCTIS as being equivalent to a UK bachelor’s degree.
UK Unmarried Partner Visas
This UK Family Migration based category is designed for individuals who are in a permanent and enduring relationship with a British citizen or a person who has settled status (Indefinite Leave to Remain) in the UK. The applicant and his/her partner must be able to provide evidence of cohabitation for a minimum period of 2 years, as well as their ability to meet the applicable financial and English language requirements [see official links above]. The couple must also have adequate accommodation arrangements on arrival in the UK.
The relationship may be a heterosexual or a same-sex relationship. This UK Family Migration category also allows for unrestricted employment in the UK. The key factor is that the couple must have been living together in “a relationship akin to marriage” for a minimum 2-year period immediately preceding application date.
As is the case for the marriage /civil partnership visa, this visa can also lead to settlement [indefinite leave to remain] after 5 years. There is no “cooling off period and applicants who have been granted ILR are able to submit an application to naturalise as British citizens.
With effect from 31 December 2012 all South Africans travelling to the UK for more than 6 months now need to do a TB test.
Below is the link for the approved TB test clinics in SA – a valid TB certificate is needed per person at date of application as well as on arrival in the UK.
Fiancé/Fiancée Visa
All fiancé/ fiancée visas need to be applied for outside the UK, and the financial threshold and English language requirement also apply. Further to this the central requirements are that the applicant and his/her partner must have the intention to live together permanently, and they should plan to marry within a 6-month period from date of arrival in the UK. The duration of this visa is limited to six months, and employment is not allowed.
Once the couple are married then an application can be lodged in the UK for the settlement spouse visa which allows for employment and leads to settlement after five years of continuous residence – whereby the applicant should not be absent from the UK for more than 180 days in each 12-montb period over the 5-year cycle. Absences that are in the ordinary course and scope of the applicant’s employment will generally be disregarded by UKVI.
UK Ancestry
To qualify under the UK ancestry category for immigration, applicants need to be Commonwealth citizens over the age of 17 who can demonstrate that one of their grandparents was born in the UK (including Southern Ireland prior to 31 March 1922). It is crucial to submit full version birth certificates to trace the line of descent. The grandparent may be a blood or adoptive relative.
The successful applicant will be given permission to enter the UK on a work-based ancestry visa and stay for a period of up to 5 years with a view to qualifying for permanent residence at the end of the 5-year period.
Employment is permitted without restriction on this visa, whether on an employed or self-employed basis. In fact, an important prerequisite of this employment focused UK ancestry visa application is that individuals must demonstrate that they intend to seek and secure employment in the UK for the duration of the visa. A job offer is however not needed, nor is there an English requirement. Applicants do need to meet the TB test requirements, per official link below [a valid TB certificate is needed at date of application as well as on arrival at the UK port of entry]:
Study Based Immigration to the UK
Student Visa
Generally, all student visa applications need to be made outside of the UK. Applicants will need to prove that they have been accepted to study a UK-recognised qualification, and the academic institution or education provider needs to be a trusted sponsor permitted to sponsor applicants under the UK’s Points Based System, as the student needs a valid Confirmation of Acceptance for Studies [which is the unique reference number needed for the visa application].
Applicants will also need to prove that the selected course of study is:
- A recognised, full-time degree course; or
- A course which is run during the week that involves at least fifteen hours of organised daytime study per week, or
- A full-time course of study at an independent fee-paying school.
Employment is restrictive for students and depends on the duration and type of course to be attended. Dependants, such as a spouse and minor children (under 18 years of age), can accompany a student to the UK. A dependant spouse will be permitted to work provided the student (main holder of the right) has been granted permission to stay in the UK for a minimum period of 12 months.
It is important to highlight that unmarried partners are not considered to be approved dependants under this category.
Applicants going to study in the UK for more than 6 months also need to meet the TB test requirements, per official link below [a valid TB certificate is needed at date of application as well as on arrival at the UK port of entry]:
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