On 1 December 2020 the Skilled Worker route replaced Tier 2 of the UK’s old Points-Based System. As part of the Government’s new post-Brexit points-based immigration system, the Skilled Worker route enables UK based employers to sponsor workers from outside the UK to fill skilled roles in the UK. There remain only a few narrow options for international workers to obtain their own visas, and as a result, reliance on the Skilled Worker route is likely to continue for some time.

All this complexity can make the question ‘are we paying enough to sponsor this person?’ a real pain to answer. Thankfully, the What Visa? assessment engine has all of this nuance built-in, and can give you an answer to this question in less than 5 minutes...

Over the last two years, over 102,000 Tier 2 visa and Skilled Worker visas were granted to applicants outside of the UK. This made up 41% of all work visas granted Jan 2019 – Dec 2020.

In this article we highlight the key differences between the old Tier 2 route and the new Skilled Worker route. Both routes rely on employer sponsorship – for more details on the basics of how this works, take a look at our FAQs.

EU nationals now need permission to work in the UK

With the exception of those who moved to the UK before 31 December 2020, the vast majority of EU, EEA and Swiss nationals now need permission to work in the UK in exactly the same way that non-EU nationals have required for years. The Skilled Worker route is largely nationality-blind in this respect – a French national is no more eligible for a Skilled Worker route than a US national – both must meet the same set of requirements.

A wider range of jobs

The skill level threshold has been lowered from RQF 6 to RQF 3. In practice, this means that a much wider range of jobs are now eligible for sponsorship. Where previously, Tier 2 was mostly limited to managerial and professional roles, the Skilled Worker route is now open to associate professional, administrative and skilled trade occupations. Examples of newly eligible jobs include:

• Teaching assistants (305,000 jobs in the UK)
• Metal workers and maintenance fitters (267,000 jobs in the UK)
• Nursery assistants (162,000 jobs in the UK)
• Electricians (122,000 jobs in the UK)

At What Visa?, we’ve built a comprehensive search engine that allows employers and applicants to search quickly and easily for the relevant job using job title or key words, showing at a glance whether the role is eligible for sponsorship.

Lower salary thresholds

The ‘headline’ salary threshold has been lowered from £30,000 to £25,600 per annum – this is the amount you see in Government press releases. The reality is far more nuanced. If you’re under 26 or otherwise qualify as a ‘New Entrant’, you must be paid at least £20,480, or at least 70% of the ‘Going Rate’ for the relevant occupation code, whichever is higher. If you’re not a New Entrant, you must normally be paid £25,600 or 100% of the Going Rate for the occupation code, whichever is higher. Another salary threshold exists for those with relevant PhDs, and yet another for those who have a relevant PhD in a STEM subject. And if you’re recruiting for a public sector job? Well most of these have specified ‘payscale’ salary thresholds.

All this complexity can make the question ‘are we paying enough to sponsor this person?’ a real pain to answer. Thankfully, the What Visa? assessment engine has all of this nuance built-in, and can give you an answer to this question in less than five minutes, just by answering a few easy questions about the job and the applicant.

In another relevant change, allowances and guaranteed bonuses can no longer be counted towards meeting these salary thresholds, which must be met by the applicant’s basic salary alone.

A widened definition of ‘New Entrant’

In addition to applicants aged 25 and under, and those switching from a student visa, the definition now includes those working towards recognised professional qualifications or moving directly into postdoctoral positions. This change is important (and positive!) because New Entrants only need to meet a much lower salary threshold. In addition, New Entrants can now benefit from the lower salary threshold for up to four years, rather than the three permitted under the old Tier 2 rules.

Procedural improvements

In addition to the main policy changes outlined above, the Home Office has also made a number of positive procedural changes which streamline the process of sponsoring an applicant as a Skilled Worker:

a) The requirement to advertise the job for 28 days to show that there are no suitable settled workers (the ‘Resident Labour Market Test’) has been abolished entirely.

b) There is no longer a ‘cap’ or annual limit on the number of Tier 2 (General) applications that can be made. The Home Office now distinguishes between ‘Defined’ Certificates of Sponsorship (for applications submitted outside of the UK) and ‘Undefined’ Certificates of Sponsorship (for applications submitted inside the UK). Like Restricted CoS under the old system, employers must still apply for Defined CoS via their Sponsor Management System, but unlike the old system, applications for Defined CoS are normally decided within 24 hours. Undefined CoS, just like the old Unrestricted CoS can be assigned as needed.

c) Tier 5 (Youth Mobility Scheme) visa holders can now switch to a Skilled Worker visa from within the UK, rather than needing to return to their home country to submit the application from there.

These changes combine to create an immigration route which on the whole, is far improved from the old Tier 2 (General) system, both for employers and applicants. Unfortunately, like the old system, the Skilled Worker route is still complex, particularly for first-time and infrequent users. What Visa? takes the complexity out of the equation by enabling you to quickly and easily assess the viability of an application without having to spend hours trawling through Home Office guidance or pay hundreds or thousands to an immigration lawyer.

Try it out for free here.

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