UK Work Visa Solicitors & Lawyers | Legal Advice 2024-25

If you are a foreign national and are aiming to work legally in the UK, you will likely need to first gain a UK work visa.

What Are Work Visas and Permits?

For a large number of foreigners getting a work visa is the first step to work within the UK. They are essential as they not only allow people to be employed legally but they also warrant that they are contributing towards the economic system in a legally controlled and efficient way.

In the majority of cases, getting an UK job visa will require a job vacancy by an employer located in the UK and the sponsor’s license. However, there are a few exceptions to this for example, high-potential Individual (HPI) visa as well as the Graduate visa and the Global Talent visa, which offer a more flexible procedure.

The Types are a part of UK Work Visas and Permits

The UK offers a wide range of work visas and permits that meet the needs of different skills or professions as well as work conditions. Each type of visa is created to fulfill specific requirements and has the specific specifications and advantages.

Below we’ve provided a brief overview of the principal kinds of UK work visas:

• Skilled Worker Visa
• Health and Care Worker Visa
• Global Talent Visa
• Scale Up Visa Temporary Worker Visa
• Global Business Mobility Visa

Skilled Worker Visa

It is the Skilled Worker Visa is a crucial way for skilled foreigners for employment for a period of time in UK. The applicant must:

• job offer from a licensed sponsor A Certificate of Sponsorship (CoS) from an employer that has the sponsor’s license is required.
• Eligible Job The position must be listed on the list of acceptable jobs.
• The Salary requirements The salary must be in line with the minimum of PS38,700 (or the “going rate“for the job in question. Certain conditions are exempt from this requirement such as age, or if the position is listed on the list of immigrants in need.
• English language proficiency The applicants must meet certain English requirements for language.

This visa permits an extended stay of five years, with the possibility of extending. In the event of five years in a row, those who apply can also apply for an Indefinite Leave of Remain (ILR) as a way to settle permanently.

Health and Care Worker Visa

It is a Health and Care Worker Visa like similar to the Skilled Worker Visa, is intended to accommodate medical professionals, such as nurses, doctors and healthcare professionals. The visa provides:

• is targeted towards health Professionals: Candidates require a formal job offer from a registered employer in the health and healthcare sector.
• Concessions The visa is accompanied by lower cost of application and faster processing times, which is an advantage for healthcare and health care professionals.

Similar to like the Skilled Workers Visa this offers the same length of stay as well as the ability to settle, similar to ILR with similar conditions.

Scale Up Visa

Scale Up Visa “Scale Up Visa” is targeted at highly skilled workers employed by fast-growing UK businesses. It is required to:

• Employment Offers from an Scale-Up Company: The company must demonstrate substantial growth with an annual increase in turnover or staff of at minimum 20 percent in a 3-year timeframe.
• High Skills Level or qualifications: The job has to provide a salary of minimum 33,000 dollars (or the average price of the job or the higher rate, whichever is greater.
• English Proficient in English In the same way as many other visas for work, capacity to speak English is required. English requirement by either an English test or a degree that is taught in English.

The Visa is renewable, and gives the possibility of ILR within five years continuous residency within the UK.

Temporary Worker Visa

It is a Temporary Worker’s Visa allows for short-term employment in different categories, including religious, charity or creative tasks. The requirements include:

• A Sponsored Job Offer Awarded an Offer of Sponsorship from an UK firm with its headquarters in the UK that has an active Authorization to Sponsor.
• Particular Categories Different categories of this visa address particular needs, like religious missionaries or creative artists.
• Financial Requirements The applicants must prove they have sufficient money to cover their expenses throughout their stay.

The visa does not offer the fastest path to settlement, but does allow the duration of stay to be as short as just a few months to two years, based on the type of visa.

Global Business Mobility Visa

Global Talent Visa Global Talent Visa permits temporarily relocating of workers for corporate transfers as well as other business transactions. Its key features include:

• To Multinational Companies: Employees of multinational corporations can be relocated to the UK to fulfill specific duties.
• Sub-categories Include visas for specialist or senior workers Graduate trainees, UK expanding workers and secondment employees and service providers.
• There is no direct route to Settlement This visa category permits extended durations, from 6 months to 5 years, it doesn’t directly result in settlement, but it may permit switching to different visa types that allow for settlement.

Knowing the particular conditions and advantages of each visa type can help the applicants as well as employers to navigate through the complexities that are part of UK legislation on immigration much more efficaciously. The next section will discuss the process of obtaining the right work visa or permit with no job offer.

How to Appeal a UK Skilled Worker Visa Refusal

A UK Skilled Worker visa refusal can be a challenging task to try and overcome alone, but understanding the common reasons for a visa refusal and knowing your options for appeal can help significantly.

Common Reasons for Work Visa Refusal

Documentation and Eligibility Issues

 One of the primary reasons for a Skilled Worker visa refusal is insufficient supporting documents. Applicants must provide complete and valid documentation, such as educational qualifications, work experience certificates, and financial evidence.

Failing to meet the specific visa’s eligibility criteria, such as not having a valid job offer from a UK employer, not meeting the English language requirements, or not earning the required salary, will likely lead to refusal of your UK work visa application.

Certificate of Sponsorship Problems 

Issues with the Certificate of Sponsorship (CoS), such as being invalid or unused at the time of application, are another frequent cause of visa rejections.

Criminal, Security, and Health Concerns 

Applications may be refused due to criminal records, security concerns, or health-related issues that pose a risk to the public. It’s crucial to address any such potential concerns proactively in the application process.

What Is the Work Visa Appeal Process?

If your UK Work permit application is refused, you have two main routes to appeal the decision:

Administrative Review 

This process involves a review by the Entry Clearance Officer who made the initial decision. It strictly focuses on the information provided in the original application. It is important to note that no new evidence can be submitted at this stage, and there is no hearing.

Judicial Review 

A more formal process, the Judicial Review, appeals the decision on the basis of the lawfulness of the decision, typically on the grounds of legal errors or mistakes in handling by the caseworker. This process includes several stages and can lead to court proceedings if necessary.

Pre-Action Protocol 

Before initiating a Judicial Review, a Pre-Action Protocol (PAP) letter can be sent to the Home Office to ask for a reconsideration of the decision. This step is a formal warning to the Home Office to respond to the applicant in a 14 day time period, before issuing a claim against them.

Appeal Timelines and Processing Time

Appeal Timeline

• If you are outside the UK, you have 28 days from receiving your decision to appeal against a Work visa refusal.
• If you are already in the UK, the deadline you have to appeal the decision is 14 days.
• Appeals submitted after these deadlines must include an explanation for the delay, and it is up to the tribunal to decide whether to accept the late appeal.

Processing Time 

The appeal process can take anywhere from 6 to 12 months, depending on the complexity of the case.

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Conclusion

The UK has a variety of work visas available that are each designed to accommodate different skills, professions, and circumstances. From the Skilled Worker Visa for individuals with specific job offers to the Global Talent Visa for recognised leaders in their fields, the UK aims to facilitate talented professionals from around the world.

Ready to Apply for Your Work Visa?

UK Work Visa applications and appeals can be complex. Don’t face it alone! Contact our expert immigration solicitors today for personalised guidance and support. Whether you’re applying for the first time or dealing with a visa refusal, we’re here to help you achieve a successful outcome.

Call our specialist Immigration cafe at
0161 222 5860 Call A Work Visa Specialist Book Your Appointment