Oliver O’Sullivan
SolicitorAll persons coming to the UK to work must demonstrate the following:
These and other criteria will help the visa applicant reach the required 70 points for the new points-based system.
From 15 February 2022, new immigration rules were introduced so that care worker and home carer roles could be fulfilled by overseas workers. The Health and Care Worker visa route is a sub-category of the Skilled Worker route.
Being a ‘skilled worker’, in terms of immigration applications, is less about the person and more about the job they will be doing. All ‘skilled worker’ roles are defined by Home Office criteria and relate to the skill level required to fulfill the job role.
For instance, a doctor with a medical degree and postgraduate diplomas is certainly a skilled worker, but if the role he or she applies for in the UK is for something unrelated and of a lower skill level, perhaps working as an administration assistant in a bank, the role would not gain ‘skilled worker’ status and the doctor would not be eligible to apply for a ‘skilled worker visa’ in relation to this role.
All job roles in the UK have a Standard Occupational Classification (SOC) code and each code carries a skill level. The Home Office sets out what level is required for a role to be classified as ‘skilled’.
The classification of a ‘skilled worker’ role involves looking at the day-to-day activities that will be carried out by the employee and the amount they will be paid for this work.
The government list “Skilled Worker visa: going rates for eligible occupation codes” states the required salaries/payment rates for each role, from chief executives to shopkeepers, chemical scientists to sheet metal workers.
There are different salary rules for some healthcare, and teaching and education leadership roles in the UK because they are governed by national pay scales which vary by geographical location.
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