UK Skilled Worker Visa For Canadians (Employer's Guide)
A UK Skilled Worker Visa permits Canadians to work in the UK in a qualifying job with an approved sponsor, and it crucially allows UK-based employers to recruit talent from overseas and benefit from experienced workers.
Applying for a Skilled Worker Visa can be challenging, especially as delays can impact both the worker and the employer. Call Total Law at +1 844 290 6312 for expert guidance on the Skilled Worker Visa route or reach out via our live chat service.
What is the UK Skilled Worker Visa?
The UK Skilled Worker Visa route is one of the UK’s most important immigration pathways and brings numerous benefits to overseas nationals, including those from Canada, and businesses in the UK.
Holders of a work visa can live and work in the UK in skilled jobs for a significant period, as most visas are issued for a five-year period. One key advantage for overseas nationals is that the Skilled Worker Visa can lead to Indefinite Leave to Remain status and eventually, British citizenship.
For UK-based organisations, the Skilled Worker Visa route can help fill existing staff shortages and skill gaps and lead to efficiencies from employing some of the world’s most talented workers. For these reasons, the Skilled Worker Visa is one of the most important recruitment tools for UK firms looking to expand.
Page Contents
- What is the UK Skilled Worker Visa?
- UK Skilled Worker Visa Eligibility For Employers & Employees
- The Shortage Occupation List
- Application Requirements For Employers
- Skilled Worker Visa Step By Step Application Process
- Skilled Workers & Their Dependants
- Extending the UK Skilled Worker Visa
- Switching from Another UK Visa To Skilled Worker Visa
- UK Skilled Worker Visa Application is refused: What next?
- We Can Help You Here At Total Law
- FAQS
UK Skilled Worker Visa Eligibility For Employers & Employees
Overview
There are several requirements that must be met for a Skilled Worker Visa application to be successful, and it can be challenging for both the employer and potential employees to show they fulfil the strict criteria, especially with the recent Skilled Worker Visa UK new rules.
If you are concerned about the evidence needed to be submitted with a Skilled Worker Visa application, then reach out to the Total Law team for the latest advice on the latest requirements.
Eligibility Requirements for a UK Skilled Worker Visa
Employers wanting to recruit workers from Canada must have applied and been approved for a Sponsor Licence. This allows registered companies and organisations to employ foreign workers and is a key way for the UK immigration services to ensure non-UK nationals are not mistreated.
Employers must ensure that any jobs they offer are authentic and that the position requires certain skills or experience, as detailed in the Skilled Worker (UK Visa Tier 2 requirements).
UK-based businesses using overseas workers, including those from Canada, must keep up-to-date staff records, carry out right-to-work checks in the UK and report certain activities to the UK Home Office. This can include long periods of absence for work or accurate contact details.
Employees applying for Skilled Worker UK Visa jobs must have a valid Certificate of Sponsorship(CoS) number from their employer. The CoS should include information about the job role and include details about the employment. It is used to confirm the job offer and provide proof of employment.
In addition, the skill level required for the job offer must be at least equivalent to an RQF level 6 or above and be on the Skilled Worker Visa UK list. The potential employee will also need to demonstrate a set level of proficiency in the English language.
The employer must also ensure that the minimum salary is at least £41,700 per year or the ‘going rate’ for the job, whichever is higher.
The Shortage Occupation List
The UK Shortage Occupation List (SOL) has recently been replaced with the new Immigration Salary List (ISL). The ISL aims to identify occupations with significant shortages of UK-based workers and allow easier recruitment of international talent to fill such skill gaps.
The Migration Advisory Committee regularly reviews and updates the ISL based on the ongoing needs of the UK economy. The list includes a wide range of roles and covers numerous sectors. Key roles in high demand from UK-based businesses and on the list include healthcare, engineers, IT professionals, and chefs.
Roles on the list are subject to relaxed rules and exempt from some criteria, such as reduced visa fees and lower salary thresholds.
The SOL and ISL play a key role in helping businesses operating in sectors that are struggling to find workers to ensure their continued growth.
Application Requirements For Employers
Overview
Employers wanting to recruit Canadian nationals must have a valid Sponsor Licence to sponsor foreign workers. Having a sponsor licence shows the company has been approved and meets the requirements needed to be a legitimate sponsor.
Before being granted a Sponsor Licence, employers must show they have an effective HR system to meet ongoing sponsorship obligations and duties, such as monitoring employee’s immigration status and keeping up-to-date employment records.
Contact Total Law for advice on applying for a Sponsor Licence. Our immigration lawyers can provide information on the documents needed for a successful application.
Application Fees for UK Skilled Worker Visa
Numerous fees are associated with the UK Skilled Worker Visa for both employers and employees. In some situations, employers may pay the application fees for new employees as part of a recruitment package.
The standard fee for applying for a UK Skilled Worker Visa varies depending on the length of the employment contract. For up to three years, it is £769, and for more than three years, it is £1,519.
If recruiting roles are on the Shortage Occupation List or new Immigration Salary List, the Skilled Worker Visa application fees are lower. For jobs lasting up to three years, the fee is £590, and visas for up to five years cost £1,160.
For eligible employees who wish to bring their dependents to the UK, fees are payable for each family member who accompanies them from Canada.
Skilled Worker Visa applicants must also pay the Immigration Healthcare Surcharge (IHS) of £1035 per year they will be resident in the UK. This allows visa holders to access the National Health Service in the UK. The IHS charge is waived for those applying for the Skilled Worker Healthcare Visa sub-category.
Dependants are also required to pay the annual IHS, which is £1035 per year for those over the age of 18 at the time of application and £776 for those under 18.
For an additional cost of £500, applicants can also opt for the priority service, which gives a decision within five working days of an application being submitted. Please note this service does not mean the application is more likely to be approved.
Skilled Worker Visa Step By Step Application Process
The UK Skilled Worker Visa application process requires careful attention to detail to ensure your application complies with the specific requirements. Employers and employees must work together to ensure a successful application, and there are several steps for both the potential worker and recruiter to follow.
For Employees
Applicants must ensure they are applying for the correct visa and have a suitable job offer that makes them eligible for the Skilled Worker Visa.
The next step is to complete an online application form on the UK Government website and ensure they have the correct documents, including a Certificate of Sponsorship, a valid passport, and proof of English language skills.
Canadian applicants must book and attend a visa appointment at a visa application centre in Canada. Many major cities in Canada, including Calgary, Winnipeg, Toronto, and Vancouver, have processing centres where the applicant can submit the required biometric information and attend an interview.
In most cases, applications made from outside the UK will be decided within three weeks. If applying from within the UK, this increases to eight weeks.
For Employers
The first step for employers is to apply for and obtain a valid Sponsor Licence from the UK Home Office. Once a sponsorship licence has been obtained, the employer can issue a Certificate of Sponsorship (CoS) to the employee, detailing the role and its compliance with visa requirements.
Employers must ensure that the role they offer meets the salary and skill level requirements for the Skilled Worker route and that they comply with all ongoing sponsorship responsibilities.
Skilled Workers & Their Dependants
The Skilled Worker Visa enables holders to bring certain family members to the UK if they meet the requirements. Dependants permitted to apply for a Family Visa via the Skilled Worker route are spouses, long-term partners, and dependent children.
Each qualifying member must make their own UK visa application, ensure they meet the financial criteria and pay the required application fees.
Dependants applying as partners must be over 18 and in a genuine and lasting relationship with a Skilled Worker Visa holder. They can be married, in a civil partnership or have lived together for at least two years.
Dependants applying as children must be under 18 years old or can be over 18 if they are already in the UK as dependants. They should be living with the Skilled Worker unless they are enrolled in full-time education.
Each dependent should have access to the following funds when applying:
- £285 for partner
- £315 for the first child
- £200 for each additional child
Visas for dependents are issued for the same length of time as the Skilled Worker Visa and have the same application costs. After five years of living in the UK, family members may be able to apply for Indefinite Leave to Remain status.
It is important to note some roles under the Skilled Worker Visa route do not permit holders to bring dependents.
Extending the UK Skilled Worker Visa
A Skilled Worker Visa can be extended. As an employer, you must issue a new Certificate of Sponsorship to account for the extension and confirm the role will continue to meet the Skilled Worker Visa criteria.
As compliance is a key part of being a UK employer of workers from Canada, you should also ensure all records are up-to-date and have the most recent contact details for any non-settled workers you employ.
Employees should apply for a Skilled Worker Visa extension up to 60 days before their existing visa is due to expire. An application fee must be paid for the renewal, and documents, including the latest Certificate of Sponsorship, must be submitted.
Processing times for a Skilled Worker Visa extension can take up to eight weeks if made within the UK, and dependents will also need to apply for an extension.
Switching from Another UK Visa To Skilled Worker Visa
Depending on the visa type, it is possible to switch from a different UK Visa to a Skilled Worker visa. This often means a simpler recruitment process for many employers as the worker is already based in the country. However, the same process of issuing a Certificate of Sponsorship and compliance must be followed, with all workers required to meet the same criteria.
Those holding Student Visas, Youth Mobility Scheme and other long-term visas may be eligible to switch to a Skilled Worker Visa, but generally, those on short-term visas such as visit visas and short-term student visas are not permitted to switch to a Skilled Worker Visa.
If you are unclear whether a potential new employee is able to switch, you should reach out to our experienced team for more advice.
UK Skilled Worker Visa Application is refused: What next?
If your UK Skilled Worker Visa application is refused by the Home Office, it is key for both employer and employee to understand the common reasons for refusal and what their options are.
Common reasons for application refusal include:
- Providing incorrect details
- Failing to meet the minimum general salary threshold for a Skilled Worker Visa
- Not meeting the English language proficiency criteria
- Concerns the offered role is not a genuine job
- Past immigration issues or criminal offences
It is possible to appeal the decision or reapply with new evidence. Visa fees are non-refundable, so it is vital to ensure your worker submits a complete and correct application to lessen the chances of being refused.
We Can Help You Here At Total Law
Total Law has a team of qualified legal experts who specialise in immigration law and who can assist in recruiting workers from Canada.
We are experienced in providing services to employees and businesses seeking to employ and benefit from skilled workers. Contact us to learn more about our in-house audits, application packages, and document-checking service.
You can reach Total Law at +1 844 290 6312. We can guide you through every step of your immigration journey to the UK.
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Related pages for your continued reading.
FAQs
Yes, switching employers while on a skilled worker visa is often possible, but it usually requires obtaining permission from the Home Office.
Yes, it is possible to access the National Health Service (NHS) while in the UK on a Skilled Worker Visa, although you are required to pay the healthcare surcharge.
