Immigration FAQ
United Kingdom
Visa applications from outside the UK, to enter
- Skilled Worker visa
- Senior or Specialist Worker Visa (Global Business Mobility)
Both of the above. Assessment is required to select a visa type, as each visa category has certain criteria. Skilled Worker visa has a lower minimum salary threshold of £26,200 per year*. Also, lower skill level is required. However, employees will need to meet the English Language requirement (some nationalities automatically meet this requirement) which would potentially add an extra time to the timeframe until lodging the application.
Senior or Specialist Worker visa does not require the English skills. However, the salary threshold is at least £45,800 a year* and the transferee must have been working for the employer overseas for no less than 12 months, unless they will be paid more than £73,900 a year (High-earner). *see Red flags for more information.
- Skilled Worker visa: 1.5 - 3 months pre-arrival; 1 day-post arrival. BRP will be usually available for collection 2 weeks from the date the decision letter was issued, and it needs to be collected within 10 days of arrival in the UK or by the expiry date of Entry visa.
- Senior or Specialist Worker visa: 1- 2 months pre-arrival; 1-day post-arrival. BRP will be usually available for collection 2 weeks from the date of issue of Vignette and it needs to be collected within 10 days of arrival in the UK or by the expiry date of Entry visa.
- Timeline is greatly affected by how quickly the employee and the business can provide our partner with documents required, which application method to be used, and how busy the authority is.
- Please note that if dependents are also applying together, there are additional documents required. Therefore, it may take longer than the below.
- Skilled Worker visa: Usually 1 week – 2.5 months to collect documents. If you need to take an English test, it would usually take 1-2.5 months until collecting all the documents. Once all the documents are ready, it would normally take up to 1 week to submit the application.
- Senior Specialist Worker visa: Usually 1 - 2 weeks to collect documents. Once all the documents are ready, it would normally take 2-4 working days to submit the application.
- The residence permit may have validity until the work end date declared on Certificate of Sponsorship (CoS) plus 14 days.
- Skilled Worker visa: you are allowed to stay in the UK for up to 5 years. Employees can extend their stay by filing an extension. However, you may be eligible to apply for permanent residence (Indefinite Leave to Remain) after 5 years.
- Senior or Specialist worker visa: Up to 5 years in any 6-year period. For high earners, they will be allowed to stay up to 9 years in any 10-year period.
Once arriving in the UK, basically they can start working from the date on Certificate of Sponsorship (CoS). If employee wishes to start working earlier than the date on CoS, the employment contract must be updated accordingly.
- Skilled Worker Visa: No. However, our partner would need to request a Defined CoS allocation to the authority. It normally takes 1-2 working days until granted.
- Senior or Specialist Worker visa: No. However, the sponsor needs to have enough CoS allocations under their sponsor license. If not, they can make a request to the authority prior to the application.
- Priority service – 5 working days, £500 government fee.
- Super Priority service – 1 working day, £1,000 government fee.
- Only Skilled Worker visa category leads to Permanent Residency (Indefinite Leave to Remain), after 5 years of continuous residency in the UK.
- Absences from the UK not exceeding 180 days in any 12 months.
- Meeting the minimum salary threshold of £25,600 or the ‘going rate’ for the role, whichever is higher.
- Proof that you have passed a Life in the UK Test
- ‘Good character’
- What documents are required?
- Application form
- Passport
- CV
- UK visas currently hold and/or previously held, if any
- Residential permit of the country where legally residing and making an application from, if not a country of origin
- Pay slips – only required for Senior or Specialist Worker visa under some circumstances (usually Duration letter from employer is sufficient)
- Proof of English Language proficiency – applies to Skilled Worker visa only (some nationalities are exempt)
- TB Certificate depending on where application will be made from
- Criminal record certificate depending on job SOC code – applies to Skilled Worker only
- Assignment letter/ Employment contract
- Job description
- Employment duration letter – applies to Senior and Specialist Worker visa only
- There is no registration process in place for the UK immigration after arrival – Biometric Residence Permit (BRP) collection only (exempt if a digital visa is issued or if your CoS duration is less than 6 months).
- Spouses and partners are allowed to work except as a professional sportsperson or coach.
- Children can study.
Substantive assignment changes must be reported in the Sponsorship Management System (SMS).
- Required documents collection including English test certificate, TB test and Criminal record certificate where applies.
- Our partner to draft Certificate of sponsorship (CoS) for employer and online application form for transferee.
- Once the above drafts are approved by employee and transferee respectively, our partner will assign CoS, submit the application, and book a Biometric appointment (the first availability is usually within 1 week).
- Transferee (and dependent family) to attend appointment and the UK authority will start process the application from this point.
OR
European national use the app to submit biometrics (no in-person appointment required) - Once the decision is made and entry visa (vignette – sticker in passport) received, enter the UK within the validity (90 days).
- Please collect Biometric Residence Permit (BRP) within 10 days of arriving in the UK or before the Vignette expires at latest.
NB: Some nationalities are able to use ID Check app on the phone instead of attending appointment. For this instance, a Digital visa will be issued rather than a BRP card.
- Degree not required but must have relevant experience.
- The minimum salary required (£26,200 for Skilled Worker and £45,800 for Senior or Specialist Worker) is either the salary threshold or ‘going rate’ for the role, whichever is higher.
- All documentation must be present in English or Welsh or with a certified translation.
- English language requirement needs to be met for a Skilled Worker visa.
- The position to be filled must require skills equivalent to the Regulated Qualifications Framework (RQF) 6 or above for Senior or Specialist Worker and at least RQF 3 for Skilled Worker.
- Transferee must have been working for the employer overseas for 12 months or more, unless being paid more than £73,900 per year, if applying for Senior or Specialist Worker visa.
- The salary threshold is based on 37.5-hour week.
- The salary threshold can be lower for some circumstances such as applicant’s age is under 26 years old, taking up a shortage occupation, certain PhD level jobs, student or recent graduate, etc,
- The sponsoring company must have sponsor license.
- Skilled Worker visa application from outside the UK needs to request Defined CoS allocation per application (Skilled Worker CoS allocation in the sponsor license is for in-country applications).
- Once the application is approved, the work start date can be delayed by up to 28 days from the start date declared on CoS, or up to 28 days after the ‘valid from’ date on the Entry visa, whichever is later.
- TB test is required if you are staying in the UK for more than 6 months and either you live in any of these listed countries or you have lived in one of the countries listed in the past 6 months.
- Criminal record certificate required for Skilled Worker Entry Clearance, if the role is in education, health or social care sectors.
- Biometric passport holders from EU, Iceland, Liechtenstein, Norway or Switzerland can use ID Check app instead of attending an appointment. They will receive a digital visa (no entry visa sticker in passport).
- The UK Immigration rules are continually changed, please contact us for the latest information.
Visa applications from inside the UK, to extend or switch
- For extension: Either Skilled Worker or Senior or Specialist Worker, depending on which visa you currently hold
- For switch: If you currently hold a visa such as Student/Graduate/Dependent/Spouse, you can switch to Skilled Worker visa
- Please note that if dependents are also applying together, there are additional documents required. Therefore, it may take longer than the below.
- Usually 1week – 2 months to collect documents. If you need to take an English test, it will usually take 1-2 months until collecting all the documents. Once all the documents are ready, it would normally take up to 1 week to submit the application (Sponsor needs to have enough CoS allocation prior to issuing CoS).
Standard processing time is usually up to 8 weeks.
- The residence permit may have validity until the work end date declared on Certificate of Sponsorship (CoS) plus 14 days.
- Skilled Worker visa: you are allowed to stay in the UK up to 5 years. Employees can extend their stay by filing an extension. However, you may be eligible to apply for permanent residence (Indefinite Leave to Remain) after 5 years.
- Change of sponsor: Once new BRP card/digital visa is received.
- Extension or switch: you can continue to work for the employer while the application is being processed.
No.
- Standard processing time – Up to 8 weeks
- When Priority service used – 5 working days
- When Super Priority service used – 1 working day
- Only Skilled Worker visa category leads to Permanent Residency (Indefinite Leave to Remain), after 5 years of continuous residency in the UK.
- Absences from the UK not exceeding 180 days in any 12 months.
- Meeting the minimum salary threshold of £25,600 or the ‘going rate’ for the role, whichever is higher.
- Proof that you have passed a Life in the UK Test
- ‘Good character’
- Application form
- Passport
- CV – exempt if extension
- UK visas currently hold
- Proof of English Language proficiency – (some nationalities are exempt)
- Employment contract/addendum
- Job description
- If expedited service (Priority/Super Priority) is approved
- Duration of CoS: Typically 3 years or 5 years
- Up to 3 months before the current visa expiry date.
- If applying for ILR, up to 28 days before the 5-year anniversary of residency in the UK.
- Spouses and partners are allowed to work except as a professional sportsperson or coach.
- Children can study.
- The minimum salary required for a Skilled Worker visa is £26,200 per year or ‘going rate’ for the role, whichever is higher. Some exceptions apply.
- If the Job title and/or job duties change, an assessment is required to determine to notify the change to the Home Office (SMS report) is sufficient or a change of employment application is required.
- A SMS report needs to be made within 10 working days after the change was made.
- When the work location changes, a SMS report is required.
- Extension/new application needs to be filed before the current visa expires.
- If switching the employer, you can start working once new BRP card is received.
- You should not travel abroad once the application is submitted, until new BRP card/digital visa is received.
- When IDV app is used, non-visa national receives a Digital visa. Visa nationals receive a BRP card.
- If switching to Skilled Worker visa from Student visa, the Immigration Skills Charge is exempt for the initial application and extension(s) if remaining in the same role with the same employer.
- The UK Immigration rules are continually changed, please contact us for the latest information.