Skilled worker visa

From 1 January 2021 the new Immigration Points Based system was launched and the Skilled Worker visa replaced the Tier 2 (General) visa.  It provides a new sponsored route for all overseas nationals (excluding Irish nationals) to live and work in the UK.  In order for a candidate to apply for a Skilled Worker visa the University must provide sponsorship for them, by assigning a Certificate of Sponsorship (CoS) and comply with specific sponsoring requirements set out by the UKVI. 

In conjunction with reading the below, recruiting managers/administrators can watch our Webinar which highlights the main changes and key principles of the new Points Based System including the Skilled Worker route.

For an overseas individual to be eligible for a Skilled Worker visa you must meet the criteria below by obtaining 70 points.  The below shows clearly the criteria required by the UKVI, and that the criteria in step 1 is mandatory and all 3 must be met, whereas step 2 is tradable, and if the role does not meet the required salary of £25,600 or the minimum ’going rate’ salary, whichever is higher, to gain 20 points, this can be offset by any of the other options, for example the possession of a PhD in a STEM subject for a lower salary.

To check if you could be eligible for a Skilled Worker visa, please use the Gov.UK calculator linked below. Please note, in advance of using the calculator, you will need to know and be aware of the following;

• Salary offered.  
• That the job is on the eligible list and the ‘going rate’ for that role, eligible codes available below. *** for a Research Associate role the occupation code will be 2119 and for a Lecturer/Senior Lecturer or Reader the occupation code will be 2311 *** If you are unclear on the occupation code please contact the Recruitment Team who can confirm the occupation code for the role you are applying for. 
• If the job is on the shortage occupation list.
• If you meet the English language requirements.
• If you are using a PhD as part of your application.
• When the job offer is from Loughborough University, please enter ‘No’ to the question, is your job in healthcare or education?. 

We would advise to check you are eligible prior to applying unless you have another means of obtaining your right to work in the UK. 

If you have any questions in relation to eligibility for the Skilled Worker visa for a particular role then please contact the Recruitment Team.

A "new entrant" means a new entrant to the labour market, in other words someone who is near the start of their career, who meets certain criteria.

In order to score tradeable points as a "new entrant", the applicant must meet at least one of the following requirements:

1. The applicant is under the age of 26 on the date they apply for the Skilled Worker visa.
2.  The job offer is a post-doctoral position (where a PhD is listed as an essential requirement on the Job Description) in one of the following SOC codes:
   • 2111 Chemical scientists
   • 2112 Biological scientists and biochemists
   • 2113 Physical scientists
   • 2114 Social and humanities scientists
   • 2119 Natural and social science professionals not elsewhere classified
   • 2311 Higher education teaching professionals
3. The job offer is in a UK-regulated profession and the applicant is working towards a recognised professional qualification for that profession.
4. The applicant is working towards full registration or chartered status with the relevant professional body for the job they are being sponsored for.
5. The applicant is switching from a Tier 1 (Graduate Entrepreneur) visa.
6. The applicant is a recent UK graduate, or is expected to graduate soon, and meets the following additional requirements:
   • The applicant’s most recent permission (other than as a visitor) was under the Tier 4 (General) or Student route.
   • That permission must either be current, or have expired less than 2 years before the date they apply for the Skilled Worker visa.
   • In that permission, the applicant must have been sponsored to study one of the following courses (not any other qualifications of an equivalent level):UK bachelor’s degree
   • UK master’s degree
   • UK PhD or other doctoral qualification
   • Postgraduate Certificate in Education
   • Professional Graduate Diploma of Education
   • The applicant must have either:
     • completed the course; or
     • be applying for the Skilled Worker visa no more than 3 months before they are expected to complete the course; or
     • be studying a PhD and have completed at least 12 months’ study in the UK towards that PhD qualification.
7. The applicant’s most recent permission, other than as a visitor, was under the Graduate route. That permission must either be current, or have expired less than 2 years before the date of the Skilled Worker visa application.

Applicants can be new entrants for a maximum of 4 years. The 4 years includes time spent in any Tier 2 route, the Graduate route or as a Skilled Worker. An applicant cannot be considered as a new entrant for only part of the time they are applying for.

Genuine vacancy requirement

The Resident Labour Market test (RLMT) has been abolished and replaced with the requirement to demonstrate a genuine vacancy. 

As defined in the Home Office Sponsor guidance a genuine vacancy is one which:

• requires the job holder to perform the specific duties and responsibilities for the job and meets all of the requirements of the relevant route.
• does not include dissimilar and/or predominantly lower-skilled duties.
• is appropriate to the business in light of its business model, business plan and scale.

The Home Office are clear that we still need to evidence that the role is a genuine vacancy and that the salary and skill level match the job description. 

Although previous RLMT requirements called for 28 days’ advertising, this is no longer a requirement and a minimum of one week’s external advert (in line with Loughborough University policy) is now required.

Evidence of meeting the requirement of a genuine vacancy will be collected and retained by the Recruitment Team, but the Recruitment Team will require a copy or summary of the interview notes for the successful candidate prior to assigning a Certificate of Sponsorship.  

A Certificate of Sponsorship (CoS) is assigned to a prospective employee once a job offer has been made and is used to support their Skilled Worker visa application. A CoS can be assigned for up to 3 years or a maximum of 5 years. If the job is a fixed term contract, the CoS will be assigned for the same duration as the contract. There is no longer a maximum period of time that an employee can hold a Skilled Worker visa for (previously this was capped at 6 years) but they can still apply for Indefinite Leave to Remain after 5 years.

There are two types of CoS’s:

i) Defined CoS

Defined CoS’s are assigned to individuals currently living outside of the UK. The Recruitment Team will apply to the UKVI, who will grant or deny (the latter is rare) their request for a CoS. Once granted, the Recruitment Team will prepare and assign the CoS. This process can take up to two weeks.

ii) Undefined CoS

The University is granted an annual allocation and can assign an Undefined CoS provided all the criteria have been met and are used for:

1. New employees who are inside the UK and switching from another immigration category.  You can 'switch' into the skilled workers route from a range of visa categories (e.g. Global Talent or Student visa), including from another skilled worker visa if you are employed by another employer as they are not transferable.   Further information on switching immigration categories can be found below.    
2. Existing employees requiring extensions to their visas.

The Recruitment Team or HR Partnering Team, depending on if they are a new or existing employee, will prepare and assign the Undefined CoS. 

Academic and research roles such as Lecturers / Senior Lecturers, Research Associates and Research Fellows can be allocated a PhD level occupation code (previously known as SOC code). For immigration purposes there is no requirement for the job description / person specification to include as an essential a PhD in order to be allocated the PhD level SOC code or to be eligible for PhD points. The HR Partnering Team will be able to confirm to you if a PhD is required for certain roles from a job evaluation perspective.

Upon receipt of a contract request, the Recruitment Team will ascertain (with input from the HR Immigration Team if required) the immigration status of the candidate and whether sponsorship is required. The Recruitment Team will check the individual’s eligibility for the Skilled Worker route and that the role meets the necessary salary and skill level.

If a candidate will need to use their PhD in order to meet the minimum points threshold for a Skilled Worker visa, the Recruitment Team will contact the Recruiting Manager / Administrator to ascertain how the candidates PhD is relevant to and required for the role to include on the CoS. 

The Recruitment Team will require a copy of the interview notes for the successful candidate and two references prior to assigning a Certificate of Sponsorship.    

The Recruitment Team will liaise with the candidate to obtain the required documents to enable them to assign a CoS;

• Scanned copies of their passport (including current UK visa, if applicable)
• Degree certificates (including translations, if applicable)
• If a candidate is using their PhD to meet the Skilled Worker criteria, they will also be required to obtain a reference number from The Visas and Nationality Services (previously UK NARIC).
• Evidence of English language, if applicable.
• ATAS certificate, if applicable.    

For further information on the English Language requirements and ATAS, please see the Skilled Worker Visa Application section.

If an open-ended position is being offered, the candidate will be asked if they wish to apply for a 3 year or 5 year visa taking into account any previous sponsorship on Tier 2/Skilled Worker within the UK.  Please note that an NHS health surcharge is also payable on top of the standard visa application fee.

The Recruitment Team will issue an ‘offer before contract’ subject to a Skilled Worker visa being granted.  Once all the above documents have been received, the Recruitment Team will either apply to the UKVI for a Defined CoS or assign an Undefined CoS via the UKVI sponsorship management system. 

The Recruitment Team will send the CoS to the candidate via e-mail and the candidate will use the CoS reference number on the visa application.  The Recruitment Team will ensure the Recruiting School / Department are kept informed throughout the process. 

Once the candidate receives the visa, the final start date can be agreed with the Recruiting Manager and an appointment is made to report to the Recruitment Team to see original documents and complete their Right to Work check.  Upon completion of the Right to Work check and seeing all original documents the individual will receive a full contract of employment. 

In such circumstances where a Right to Work check cannot be completed prior to their first day of employment, please contact the HR Immigration Team to discuss further.  No work of any nature is permissible in advance of the right to work check, which includes induction, uniform issuing and preparation work.

Please note: Failure to produce original documents for the right to work check will result in the individual being unable to commence work on that day.  The employment start date and pay will be delayed until the documents have been checked.

English language evidence

If the candidate does not hold a UK degree or if they are not a national of one of the countries listed below they will be required to evidence that their English Language meets the required level.

The UKVI guidance states the following and we strongly recommend that the candidate either obtains the two letters referred to below or undertakes the English Language test as the visa application may be rejected without this evidence.

Knowledge of English can be proven by either:

• passing an approved English language test with at least CEFR level B1 in reading, writing, speaking and listening
• having an academic qualification that was taught in English and is recognised by The Visas and Nationality Services (previously UK NARIC) as being equivalent to a UK bachelor’s degree, master’s degree or PhD.

We would recommend the following separate routes, either are acceptable by UKVI.

i)  Contact The Visas and Nationality Services to obtain confirmation that their degrees are recognised as equivalent to a UK bachelor’s or master’s degree or PhD evidenced by a Statement of Comparability letter and taught in English to the relevant standard evidenced by a The Visas and Nationality Services English Language Assessment letter (2 letters in total),

OR

ii)  Take the English language Test – Approved centres can be found below. It is important that the test certificate issued contains a UKVI reference otherwise the UKVI may reject their visa application.

ATAS certificate

Certain individuals will be required to obtain an ATAS certificate prior to applying for their visa application.  Please note, if an ATAS certificate is required and the visa application is submitted without it, the visa will be refused.  For further information on ATAS for workers and if an ATAS certificate is required please follow this link. It is important to factor in the time it will take to obtain an ATAS certificate when identifying a work start date.  

Costs associate with a skilled worker visa application

Certificate of sponsorship 

Human Resources pay for the Certificate of Sponsorship at the time of assigning the CoS.

Immigration skills charge

Human Resources pay for the Immigration Skills Charge at the time of assigning the CoS, if applicable. Further information on the Immigration Skills Charge is available below and a list of occupation codes that are exempt including PhD level occupation codes 2119 and 2311 used for Research Associates and academic roles.

Immigration health surcharge

The individual is responsible for paying the Immigration NHS Surcharge for themselves and any dependents as part of their visa application. Further information on the costs of the NHS Health Surcharge are available below.    

Visa application fees

The individual is responsible for paying the visa application costs for themselves and any dependents. Further information on how much the skilled work visa costs is available below.   

Financial requirement

Loughborough University is classed as an A-rated sponsor and as such can ‘certify’ the maintenance of sponsored candidates.  This means that the University provides a guarantee that the new sponsored employee will have enough money to support themselves for the first month of employment and it will not be necessary to submit any evidence of funds as part of their visa application. They will be unable to claim state benefits.

If a sponsored employee moves into a new role within the University which is in the same occupation code as their existing role, a new Skilled Worker visa is not required.  However, the HR Partnering Team are required to report any changes to job title, work location and salary to the UKVI in line with our sponsorship compliance duties.

If the new role is a different occupation code (for example moving from a Research post to a Lecturer post) a new Certificate of Sponsorship is required together with a new Skilled Worker visa.  Please note that the employee is unable to commence in the new role until the new Skilled Worker visa has been presented to Human Resources.  The employee may continue to work in their existing role provided their current visa has not expired until the new visa has been received.

Any extension to contract will be subject to receipt of a new Skilled Worker visa.  The HR Partnering team will liaise with current sponsored employees approximately 3 months prior to the end of their certificate of sponsorship ending to ascertain if their sponsorship will need to continue.  In some circumstances where the employee is on a fixed-term contract, the extension to contract may not be approved until nearer the time.  In this case, the HR Partnering Team will liaise with the employee once they have accepted the new contract and arrange for a new Certificate of Sponsorship to be produced if they are continuing the Skilled Worker route.   If you decide to pursue a different route, such as ILR or Global Talent, please ensure you keep your Senior HR Officer updated as we are responsible for reporting any changes.    

From 21 May 2021, with the expansion of the Academic Technology Approval Scheme (ATAS) requirement to include workers and temporary workers we must ensure the employee that we are extending after this date has an ATAS certificate before they apply for further leave to remain in the UK, if applicable.  Further information on ATAS and if it is applicable can be found below.  We need to bear in mind that the process of obtaining an ATAS certificate can take at least 4 weeks, therefore we need to ensure that the application is submitted in plenty of time to ensure the visa application is not refused or delayed.

The HR Partnering Team will email the employee a new Certificate of Sponsorship for them to use with their visa application. Further information on extending Skilled Worker visas can be found below.  Provided the visa application has been submitted prior to the current CoS expiry date, the employee may continue to work.  The employee must provide a copy of their visa application and UKVI payment acknowledgement.  With their permission, the HR Partnering Team will then submit an Employer Checking Service (ECS) application to the UKVI before the current CoS expiry date to obtain a Positive Verification Notice (PVN) which allows the individual to continue working whilst their visa application is in progress.  Once the visa is granted, the employee should bring the original visa to the HR Partnering Team as soon as possible for a copy to be taken, verified and retained on the CoS pack for UKVI inspection.

Employee Compliance Responsibilities

The University is delighted to be your sponsor but must comply with extremely strict Home Office requirements in order to retain our licence to sponsor international talent.  We are grateful for your cooperation and understanding of the need to comply with these requirements and the consequences which may be imposed upon the University and sponsored visa holders for failure to comply.

When you report to the Recruitment Officer prior to your employment, you will be requested to read and sign an Employee Compliance Responsibilities Form which sets out the responsibilities of Skilled Worker sponsored employees as detailed below.

Reminders of these requirements will be issued to you at regular intervals during the course of your employment.

Contact details

You must ensure that your line manager and Human Resources have up-to-date contact details for you at all times, including your home address, home phone number and mobile phone number.  It is imperative that you update these details in my.HR (https://myhr.lboro.ac.uk/tlive_ess/ess/) immediately if any of these details change.  You must also notify your Senior HR Officer within the HR Partnering Team, if you know you are travelling to an area where you cannot be contacted (such as going on a field trip to a remote location) and advise of a time that you expect to be back in an area where you can be contacted.  During a Home Office Compliance visit, the University must show that it holds your most up-to-date contact information.

Reporting to UKVI

The University is required to report the following to the Home Office:

• Absence recording and monitoring
• Failure to attend on the first day of work and any reason given for the failure.
• Any periods of unauthorised leave in excess of ten consecutive working days.
• To provide, if requested a record of absences.

In addition, sponsored visa holders are not permitted to take unpaid leave in excess of a total of one month in any twelve month period from January to December (except in the case of maternity, paternity, adoption, shared parental leave and sick leave).

In the event of the University having to report unauthorised leave in excess of ten consecutive working days or unpaid leave in excess of one month to the Home Office, the University will consider whether it is appropriate to withdraw sponsorship. The University reserves the right to withdraw sponsorship in these circumstances. It is therefore imperative that you ensure that all leave (paid or unpaid) is recorded correctly in your outlook calendar.

In addition, activities which require you to be away from the University for a week or more, as well as any instances of working overseas should also be recorded in your outlook calendar. Permission to view your calendar should be given to your line manager. In the event of a UKVI compliance visit you may be required at short notice to provide this information.  Annual requests will be sent requesting copies of your calendars for audit purposes.  In the event of your absence the line manager will be approached.

Additionally, the calendar containing your movements will need to be retained for a reasonable period of time after your employment ends. If employment ends (for whatever reason), a full copy of your calendar will be required.  Guidance on how to achieve this is attached, or alternatively contact the Immigration Team. 

• Changes to job details as recorded on your Certificate of Sponsorship
• A change in job title, duties, hours and work location
• A change in salary (including salary changes due to maternity, paternity, adoption and sick leave) but not salary changes due to University-wide pay increases;
• If you leave early before your Skilled Worker visa expiry date (e.g. if you resign, have your funding withdrawn, or are dismissed)

It is extremely important that you report any proposed changes to the information recorded on your Certificate of Sponsorship to your Senior HR Officer within the HR Partnering Team immediately and before any changes are agreed or take effect.

Changes to your immigration status

The University is required to report to the Home Office if you change your immigration status which means that the University is no longer your sponsor (e.g. if you obtain Indefinite Leave to Remain, an EEA family permit, a dependant visa, or any other form of visa which is not sponsored by the University).

Please ensure that you report any changes in your immigration status to your Senior HR Officer within the HR Partnering Team immediately.

Line manager compliance responsibilities

As the line manager of a Skilled Worker sponsored employee you are responsible for ensuring that they follow the above Sponsored Employee compliance responsibilities and that you ensure that they report any changes to their immigration status to the HR Partnering Team, Senior HR Officer immediately.

The cost of a Skilled Worker visa depends on the length of visa, if you are applying from within or outside of the UK and if the job is on the shortage occupation list.  As part of the visa application, you must pay an NHS health surcharge.  Further information on how much the skilled work visa costs is available below.

The minimum skill level for the job must be at least A Level or equivalent.  The skill level for any role is determined by an occupation code, each job is matched against an occupation code as per the Immigration Rules Appendix Skilled Occupations and will determine whether sponsorship is eligible. The ONS Occupation Coding Tool is useful for identifying the relevant occupation code.

Please follow the link below to find the latest Shortage Occupations for the Skilled Worker route.

This can take up to 30 working days from the date UK ENIC receive the necessary documents and payment from the individual. Please factor this in when deciding a CoS start date.

The HR Immigration Team can offer advice on questions relating to the content of the Certificate of Sponsorship and can provide useful links to the UKVI website guidance. If you are in any doubt regarding the content of your visa application, it is recommended you seek independent legal advice as any rejection of your application could result in the loss of any visa application fees. UKVI have some guidance on locating an Immigration Adviser.

New prospective employees holding a Skilled Worker visa with another employer should note that visas are not transferable between one employer and another. The University will assign a CoS to be used for a new visa application.  You must present your new visa before employment can commence.  You can continue working for your current employer whilst your new application is in progress provided your current visa has not expired.  If you will be undertaking supplementary employment at Loughborough University, in addition to a right to work check, we will require a copy of the Certificate of Sponsorship assigned by your current employer in order to establish whether the additional work is within the same occupation code and at the same level as your main role.

If you are relocating from outside the UK and meet the qualifying criteria, you will be able to make a claim towards these expenses. The relocation expenses policy can be viewed below. Relocation expense claim forms are processed by the relevant Senior HR Officer for your School or Department. Details of who to contact can be found below.

The relocation expenses policy can be viewed below. Relocation expense claim forms are processed by the relevant School Senior HR Officer. Details of who to contact can be found below.

Your Senior HR Officer will contact you approximately 3 months prior to your Certificate of Sponsorship (CoS) expiry date. If you do not wish to switch to an alternate visa type such as a Global Talent visa, you will be issued with a new Certificate of Sponsorship for your visa application. It is important to ensure you submit your application before your current CoS expires and the Officer will support you with this. If you are on a Tier 2 (General) visa, you will be supported to switch to a Skilled Worker visa (the new name for a Tier 2 (General)). An overview of the UKVI’s Skilled Worker application process can be found below.

Once the visa is granted, you should bring the original visa to the HR Partnering Team as soon as possible for a copy to be taken, verified and retained on the CoS pack for UKVI inspection.

Applications for their visa renewals can be submitted with yours. We can provide links to UKVI guidance. If you require any support when completing their applications, you should seek independent legal advice. An overview of the UKVI’s Skilled Worker application process including family visas can be found here.

Provided the correct steps are followed you should be able to continue to work whilst your visa extension application is being processed. It is important that you apply for your new visa before your current CoS expires to ensure you have submitted an 'in time' application. UKVI’s information on extending your visa can be found below.

You should provide your Senior HR Officer for your School or Department, with the acknowledgement from the UKVI containing your Unique Application Number. With your permission, the Team can use this unique reference to complete an Employer Checking Service application. This must be done before your CoS expiry date. This check should result in the UKVI issuing a Positive Verification Notice valid for 6 months which will serve as your right to work whilst your visa application is being progressed. You should bring your new original visa to the HR Partnering Team as soon as you receive it so that the HR records can be updated.

The HR Immigration Team can look at the letter from the UKVI rejecting your application and with your permission can contact our UKVI Premium Service Account Manager on your behalf to investigate further. UKVI has some information on their website in relation to visa rejections and appeals, however it is recommended that you either contact the UKVI directly or seek independent legal advice.

When joining the University’s employment you are issued with an form which sets out your responsibilities and those of your line manager. This includes recording details of your absences in your Outlook calendar and keeping your address and contact details updated in my.HR. The HR Immigration Team also send out annual reminders including a guidance document on the UKVI compliance responsibilities. You will be required to confirm that your address and contact details are correct and supply a downloaded copy of your Outlook calendar. Guidance on the calendar download process can be found below.

If you are unsure of the conditions please contact the Immigration Team.

To find out whether you are eligible to apply for Indefinite Leave to Remain or information on the application process and criteria please use the link below. 

For additional guidance on calculating your continuous period of residence within the UK please visit the link below. To be eligible to apply for ILR you must not have spent more than 180 days outside the UK in any 12 month period of the five year qualifying period. All absences from the UK are counted.

If you are preparing to apply for ILR and require a letter from the University confirming your employment and absences from the UK please contact Human Resources.

For additional guidance on calculating your continuous period of residence within the UK please visit the link below. 

Since October 2019, periods of research outside the UK is no longer counted against the limit on absences. The new rule only applies to Tier 2/Skilled Worker visa holders who are sponsored under the Researcher and Lecturer SOC codes.

If you require confirmation of your SOC code this can be found on your Certificate of Sponsorship or alternatively contact the Immigration team. 

To find out whether you are eligible to apply for Indefinite Leave to Remain or information on the application process please use the link below.

If you are preparing to apply for ILR and require a letter from the University confirming your employment and absences from the UK please contact Human Resources. Absences covering the 5 year period will be required. These are not recorded centrally so you will need to provide these details. Payroll can also provide you with certified payslips to include with your application. If you require assistance with completion of the application form it is recommended you obtain your own legal advice.  To find a UKVI Immigration Adviser please see the link below.