Applying for a UK Work Visa in 2023
If 2023 is your year to come to the UK to live and work then read on because in this article, our immigration solicitors look at your 2023 UK work visa options.
UK Online and London-Based Immigration Solicitors
For advice on your work visa options and UK immigration law call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
Do you need a work visa to work in the UK?
If you are not a British citizen you will need a work visa to give you the right to work in the UK unless you come to the UK on a type of visa that allows you to work but isn’t actually a work visa. For example, you can work in the UK whilst in the UK on a spouse visa or you can work on a part-time basis if you enter the UK on a student visa and you comply with the visa conditions on working whilst studying in the UK.
If you are not sure if you need a work visa and you want to discuss alternate visa options give our immigration solicitors a call on 0203 959 9123.
What type of UK work visa do you need?
Although the skilled worker visa is the most widely known work visa there are plenty of other visa options. It is best to carefully consider what you want out of a visa before you apply to the Home Office for one. For example:
- Do you want to set up your own business in the UK rather than be employed by a UK employer?
- Do you want complete freedom of choice when it comes to the type of job you want to want to do?
- Do you want to be able to change your employment without needing a sponsoring employer?
- Are you only interested in seasonal or temporary work?
- Do you want to come to the UK on a work visa that allows you to keep extending the visa rather than having to leave the UK or switch to a different type of visa when it expires?
- Do you want to settle in the UK and apply for indefinite leave to remain as quickly as possible?
Understanding your visa options is an important first step in your work visa application process. If you talk to an immigration solicitor before you commit to a specific visa application then they can check that your proposed visa is your best alternative and will meet your goals and expectations.
Skilled worker visas
The skilled worker visa is a popular work visa as it lasts up to 5 years and, if you meet the 5-year residence requirement, you can then apply to settle in the UK with an indefinite leave to remain application. If you don’t want to apply for indefinite leave to remain you can continue to apply to extend your skilled worker visa as there is no limit to the number of times your skilled worker visa application can be extended by the Home Office.
There are some drawbacks to the skilled worker visa. Immigration solicitors say that they are:
- You need a job offer before you can apply for a skilled worker visa
- Your proposed employer must hold a Home Office issued sponsor license to sponsor your employment
- Your new job must be on a government list with a standard occupational classification code – not all UK jobs appear on this list
- The job must meet the minimum salary threshold set by the government
- The job must meet the skill threshold – there is no UK work visa for lower skilled jobs but you don’t necessarily need formal qualifications to meet the skills criteria for the skilled worker visa
- If you leave your employment your visa will be stopped unless you can find employment with another sponsoring employer
Whilst the skilled worker visa isn’t as flexible as some other work visas, the big attraction to most visa applicants is that there are lots of UK employers with sponsor licences looking to recruit overseas workers and, after 5 years, you will no longer be subject to UK immigration controls or employment restrictions if you successfully apply for indefinite leave to remain. An ILR application can lead to a British citizenship application if your settlement goals include British nationality.
The health and care worker visa
The health and care worker visa is a subcategory of the skilled worker visa. If you work in the healthcare sector it is worth checking out if you meet the eligibility criteria for a health and care worker visa as this visa is easier and cheaper to obtain than the skilled worker visa.
The health and care worker visa is not restricted to doctors and nurses so if you are a health or social care worker who is interested in working in the UK give our immigration solicitors a call on 0203 959 9123 to discuss if you would qualify for the health and care worker visa.
The global business mobility visa
The 5 global business mobility visa routes are designed to attract the brightest and best to work in the UK. The major difference between the global business mobility visa routes and the skilled worker visa is that the global business mobility visa does not lead to UK settlement. That should not necessarily deter you from making a global business mobility visa application as there are switch options so you can later apply for ILR.
If you are working for an overseas-based business that has a UK base, and your employer wants to transfer your employment to the UK branch or you want to apply for a UK-based internal job, then the senior or specialist worker visa may be the best option for you. Our immigration solicitors can let you know if you qualify for the senior or specialist worker visa as you normally need to have been employed by your overseas-based employer for a minimum period of 12 months before you can apply for this type of work visa.
There is also a graduate trainee visa for graduates who want to complete part of their graduate training in the UK base of a company with a head office outside the UK.
If your overseas employer wants to start a new UK branch of their business and you have been selected as the employee to start the UK operation then the UK expansion worker visa may be the best visa option for you. If you decide you want to stay in the UK you can apply to switch to the skilled worker visa once the UK base of the company has secured a sponsor licence so it can sponsor skilled worker visa applicants.
If you are a self-employed person who works on specialist freelance contracts and you are based overseas then the service suppliers visa may meet your work visa requirements. The secondment workers visa may meet your visa needs if you are a non-UK citizen who is being seconded to the UK as part of a high-value contract or investment by an overseas employer.
The graduate visa
The graduate visa is a 2 or 3-year visa for overseas students who studied in the UK and achieved one of a specified number of qualifications and who want to stay in the UK on a time-limited basis. The graduate visa does not lead to UK settlement and you can only apply for the graduate visa whilst you are in the UK on a student visa.
The advantage of the graduate visa is that you don’t need a job offer from a UK employer to apply for this type of work visa. Your job options are not restricted to jobs with employers who hold a sponsor licence or jobs with a standard occupational classification code.
Whilst the graduate visa is more flexible than the skilled worker visa it cannot be extended so, if you see your long-term future in the UK, it may be better for you to find a sponsoring employer who will sponsor your application for a skilled worker visa.
The high potential individual visa
The high potential individual visa is designed for overseas graduates from top non-UK universities who meet the specific eligibility criteria, such as their university being included on the Home Office list and the applicant must have obtained their qualification within 5 years of their visa application.
The high potential individual visa is for 2 or 3 years, depending on the nature of the qualification, and the visa can't be extended. Whilst the high potential individual visa does not lead to UK settlement, visa holders are not restricted to employment with a sponsor licence holder. That’s why it is best to discuss all your visa options if you do want to settle in the UK after entering the country on a high potential individual visa. For example, you have the option of applying for a skilled worker visa or another type of visa that does lead to UK settlement.
Global talent visas
If you are ‘special’ then the global talent visa may be your route to accelerated settlement in the UK. To qualify for the global talent visa, you need to be endorsed by an endorsing body as a leader or potential leader in one of several specified fields, such as research, arts, and culture, or digital technology. The requirement for endorsement is unnecessary if you are a prize holder and the prize is on a list of acceptable prizes held by the Home Office.
The global talent visa is not limited to leaders so if you think you would qualify under the exceptional promise route it is worth having a conversation with our immigration solicitors on 0203 959 9123 to discuss the detailed eligibility criteria for the global talent visa and the advantages of accelerated settlement.
Business work visas for entrepreneurs
The start-up visa and innovator visa are entry clearance options for you if you want to work in the UK by setting up your own business. For either the start-up visa or the innovator visa you need an endorsement from an independent endorsing body. The start-up visa route is for less experienced entrepreneurs whilst innovator visa applicants need to have £50,000 of funding and more business experience to qualify for the visa.
The start-up visa lasts for 2 years but you can apply to switch to the innovator visa. An innovator visa holder can apply for indefinite leave to remain after they have been in the UK on the innovator visa for 3 years.
Other visa options
In addition to the above work visa options, there are other opportunities if you want to work in the UK, such as the temporary or seasonal worker, the creative worker, or the frontier work permit. That’s why immigration solicitors say it is best to contact a specialist as they can talk you through your immigration options.
UK Online and London-Based Immigration Solicitors
For advice on work visa options and UK immigration law call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
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