Skilled Worker Visa: Applying from Overseas

Skilled Worker Visa can be divided into applications made within the UK (Leave to Remain) or applications made from overseas (Entry Clearance). Here, we shall focus on the application process from Outside the UK for your understanding on the procedure and requirements.

Application Process

The application process consists of 2 stages:

Stage 1: Defined Certificate of Sponsorship (DCoS) Application

• Your UK employer needs to have a Sponsor Licence from the Home Office.  During this process, our Immigration Lawyer needs to contact your UK employer and confirm that your job details and salary offered by them meet the Home Office's requirements (annual salary requirement is normally at least £38,700 unless you qualify for reduced rates).
• After verifying the information, our immigration lawyer will apply for the Skilled Worker DCoS from the Home Office on behalf of your employer. This process usually takes about 1-4 weeks. Based on our past experiences, most DCoS applications can be completed within 1 week, or more if the Home Office requests for further information.

Stage 2: Skilled Worker Visa Application

• After your Skilled Worker Visa online application is submitted by the immigration lawyer, a biometric appointment will be scheduled for you to register your fingerprint information at the local UK Visa Centre. After the appointment, the Home Office will begin processing the visa, which typically takes about 3 weeks with standard service.The Visa Centre usually offers a Priority or Super Priority service (at an additional cost), which can reduce the visa processing time to 1-5 working days, depending on your location.
• Upon successful Skilled Worker Visa approval, you need to enter the UK within 90 days with the Skilled Worker Visa and if you have not been granted a Digital Status, to collect the Biometric Residence Permit (BRP) card.

Required Documentation

The Skilled Worker Visa entry clearance application typically requires some or all of the following documents:

• A valid Defined Certificate of Sponsorship (DCoS), which will be issued by your Licensed Sponsor
• Current passport or valid travel document
• Relevant qualifications
• English language certificate from an approved centre
• Tuberculosis test certificate
• Any other documents relevant to your case

Visa Validity

The Skilled Worker Visa can be issued for 3 or 5 years, as specified by the employer in the DCoS. Most employers opt for a 3-year duration. If you are still employed after 3 years, we may apply for an Extension of the Skilled Worker Visa. After holding the Skilled Worker Visa for 5 years, you can apply for Indefinite Leave to Remain (ILR) if you continue meeting the latest requirements.

Bringing Family Members

Your Spouse and Children under 18 can apply to live in the UK with you under the Skilled Worker Dependent Visa. Note that, unless there are special circumstances, children should apply at the same time as their parents. If only one parent applies with the child, proof of sole custody or the other parent's death certificate must be provided unless there are exceptional circumstances.

If you are holding a 5-year Skilled Worker Visa, it is recommended that the whole family applies simultaneously. If your Spouse and Children apply later, their Dependant Visas will expire at the same time as your Skilled Worker Visa. This may mean that they would need to apply for Extension of the Dependent Visas to accumulate the sufficient residence period for future ILR applications.

Indefinite Leave to Remain (ILR) Application

After 5 years of continuous residence in the UK, you can apply for Indefinite Leave to Remain. Your family members can also apply for ILR after holding the Dependant Visa for 5 years, provided they haven't been out of the UK for more than 180 days in any 12-month period during those 5 years.

If you and your Spouse meet the requirements for Indefinite Leave to Remain but your child hasn't lived in the UK for 5 years, you child may still apply for ILR with you.

Whether you are an Employer who would like to sponsor a candidate under the Skilled Worker Visa, or you are an Employee who is planning your Skilled Worker Visa and Indefinite Leave to Remain pathway, our highly-experienced Immigration team can advise you further to ensure a smooth and successful process.