LEGAL ISSUES The job must be at the required skill level and the worker must demonstrate they can speak English at the necessary level. Eligible applicants have the option to obtain the required number of points by trading certain characteristics (e.g. qualifications against a salary). If an applicant’s salary is lower than the minimum salary requirement, they may still be eligible for the Skilled Worker route if the offer is for a job on the shortage occupation list or if they have a relevant PhD. The Skilled Worker visa can lead to settlement.
A GUIDE TO THE UK IMMIGRATION SYSTEM The UK recently introduced a new points-based system for those seeking to obtain UK visas. The purpose of the new system is to attract the best talent to the UK by prioritising skills. Under the points-based system, individuals are awarded points for certain attributes. The new system does not apply to EU citizens who moved to the UK by 31 December 2020. This article will set out necessary information and visas most relevant to UK-based employers. To be able to hire most foreign workers, employers must have a sponsor licence to employ an individual from outside the UK with the exception of Irish citizens, those with settled or pre-settled status under the EU Settlement Scheme and those with indefinite leave to remain in the UK.
GLOBAL TALENT VISA The Global Talent visa, sometimes known as ‘the most exclusive visa route’ applies to those who are leaders in their field (i.e. individuals with established careers) or who have the potential to become leaders (i.e. recent graduates). This visa is only applicable for individuals in one of the following fields apply: academia or research (including science and medicine, humanities, and engineering); arts and culture; or digital technology. The route itself has a two-stage process. In Stage 1, the applicant must obtain an endorsement through the appropriate body for their field. The endorsing body assesses the individual’s talent alongside the criteria, which
SKILLED WORKER VISA Individuals hired under the Skilled Worker route will be required to show that they work for a Home Office approved UK employer and hold a certificate of sponsorship from that same employer. Workers must also be hired for a job that is on the list of eligible occupations and be paid at least the minimum salary for the specific job or general salary requirement of £25,600 (whichever is higher).
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