Switching to a skilled worker visa

For individuals already in the UK under a different visa category, switching to a Skilled Worker visa can be a strategic move to secure long-term employment and residency prospects. This visa allows foreign nationals to work for a UK employer in an eligible skilled role, offering a clear pathway to settlement.

Reasons to change to a skilled worker visa?

There are several common reasons in our experience :-

• Job security - the skilled worker visa ties the holder to a UK employer who is a licensed sponsor, providing stability and career growth opportunities.

• Route to settlement - after 5 years, skilled worker visa holders can apply for Indefinite Leave to Remain (ILR), offering long-term residence rights.

• Dependents - skilled worker visa holders can bring their spouse and children to the UK, allowing families to stay together.

• Access to Public Services - skilled worker visa holders can access NHS healthcare and certain social benefits.

Who can switch to a skilled worker visa?

You are eligible to switch (although must meet requirements - see below) if you are already in the UK on a valid visa, such as:

• Student visa (Tier 4)

• Graduate visa

• Spouse/Partner visa

• Innovator or Start-up visa (if meeting Skilled Worker requirements)

• Visitor visa (only in specific cases, e.g., doctors/dentists sitting PLAB exams)

Requirements and application process

Switching to a Skilled Worker visa involves several steps :-

• Secure a Job Offer - you must have a formal job offer from a UK employer licensed to sponsor Skilled Worker visas.

• Certificate of Sponsorship (CoS) - employer issues a CoS, which is a unique reference number required for the visa application.

• Eligibility Check - you must meet skill and salary thresholds, language proficiency requirements, and financial criteria.

• Submit the Application - the visa application is submitted online, accompanied by supporting documents and payment of fees.

• Biometric Appointment - you must provide a biometric data (fingerprints and a photograph) at a UK Visa and Citizenship Application Services (UKVCAS) centre.

• Decision and Visa Issuance - if approved, you can continue working in the UK under the Skilled Worker category.

Potential risks

While switching to a Skilled Worker visa offers significant benefits, applicants should be aware of potential challenges:

• Job dependency - the skilled worker visa is employer-sponsored, meaning loss of employment could require finding a new sponsor or leaving the UK.

• Processing time and costs - visa fees, health surcharges, and application processing times should be factored into planning.

• Restrictions on employment - skilled worker visa holders can only work for their sponsoring employer in the approved role unless they obtain permission to change jobs.

• Compliance - employers and employees must comply with immigration laws, including reporting changes in circumstances.

How we can help

Navigating the visa switch process can be complex, and legal professionals play a crucial role in ensuring a smooth transition. Lawyers can assist by:

• Assessing eligibility - tailored advice on meeting the visa criteria and addressing any potential issues.

• Preparing documentation - ensuring all required documents, such as employment contracts, proof of funds, and sponsorship details, are accurate and complete.

• Application submission - we guide clients through the online submission process and reviewing applications for accuracy.

• Compliance guidance - advising both employers and employees on legal obligations to maintain visa status.

• Appeals and challenges - assisting with visa refusals or complex cases where additional legal support is required.