The Skilled Worker and category opened on 1 December 2020.
EU citizens who have not applied to the EU Settlement Scheme will need to apply for permission to work in the UK, as will non-EU citizens.
Previously known as Tier 2, the Skilled Worker category operates in a broadly similar way. Some aspects of the Skilled Worker category are more generous as for example there is not any resident labour market (advertisement) process and the required skill level of the role has been reduced.
There is also provision for intra-company transfer (ICT) applications for staff employed outside the UK in the same corporate group. From 11 April 2022 the ICT categories have moved to the Global Business Mobility – Senior or Specialist Worker and Global Business Mobility – Graduate Trainee routes but operate in much the same way. Any sponsor with an existing ICT licence will have had it automatically changed to a Global Business Mobility – Senior or Specialist Worker licence.
Employers extending the stay of or recruiting Tier 2 sponsored workers need to transition those individuals into the Skilled Worker category and we are able to assist with such applications. Employers may also wish to switch Global Business Mobility/intra-company transfer and Youth Mobility Scheme workers to the Skilled Worker category in order that they are then on a track to settlement (indefinite leave to remain).
In order to recruit and retain Skilled Workers in the UK, if an employer does not already have a sponsor licence it should apply for one. For employers with a sponsor licence it is more important than ever to maintain full compliance given that EU and non-EU citizens will need to be sponsored.
A strong team ethic shines through at Kingsley Napley and there is ready support from across the whole team, whose assistance is always quick, accurate and reassuring.
Chambers and Partners _ 2025
Our Expertise
Where we can help
HOW WE CAN HELP
Whether you are seeking to sponsor an EU or non-EU citizen under the Skilled Worker or ICT (Global Business Mobility) categories, we are here to provide you with the support you require and to guide you through every necessary stage.
Our highly experienced team has advised and assisted on the Points Based System since its first inception in 2008. We continue to draw on our in-depth expertise in advising on the sponsorship and hiring of overseas nationals under the current system.
We will assist you with the Skilled Worker or ICT (Global Business Mobility) certificate of sponsorship and visa application by preparing and submitting the application to bring the overseas national to the UK to begin their employment with your company. We will then help you with reporting to the Home Office on any changes and retaining the required information and documents on file for compliance purposes.
Recognised as one of the leading immigration teams in the UK with over 20 years in the top tier of both Chambers UK and Legal 500, we are well placed to provide you with the end-to-end support you need to ensure the application process is completed with minimum worry for you and your HR team.
Sometimes a solution to your recruitment needs may not be obvious and this is where we can help and guide you through the options available. We understand that as an employer, you are looking for the very best for your company, and sometimes the person you need with the specific skills and experience for your business may currently reside outside the UK.
Recent examples of work
Assisting a multinational company with high volume Skilled Worker and ICT applications.
Assisting with switching Tier 2 (ICT) and Youth Mobility Scheme workers to the Skilled Worker category from within the UK.
Advising on meeting the tradable points criteria for Skilled Worker applications.
Advising in relation to meeting the minimum salary requirements for new entrants.
Advising in relation to Skilled Workers who have a change to their sponsored role or salary.
Assisting with Skilled Worker change of employment applications.
Advising on how Skilled Workers can apply for indefinite leave to remain and British citizenship in the future.
Providing training on the Skilled Worker category and the differences from Tier 2 that sponsors need to be aware of.
Our sector-focused pages have more examples of how we can assist your business.
How long does the UK Company need to be trading before applying for a sponsor licence?
There is no specified timeframe. Once a UK company has established a genuine trading presence in the UK, has registered with the tax authorities, set up a company bank account and obtained employers liability insurance they can apply.
Can I apply for a sponsor licence if I don’t have anyone specific in mind that I wish to sponsor/employ?
The short answer is yes. However, the Home Office can apply a subjective ‘genuineness’ test and in our experience it would normally be best to apply for a sponsor licence once you have identified the individual you wish to sponsor/employ. If advertising is required, we recommend the 28 day advertising period has at least commenced but ideally come to an end.
Will the UK company require a UK national to act as the main point of contact and take overall responsibility for the sponsor licence?
No, provided an individual is a senior employee or office holder of the UK company and is based and paid in the UK with permission to work, they can be of any nationality.
How long will the sponsor licence be valid?
Initially 4 years but can be renewed thereafter.
Will the Home Office visit our UK office?
The Home Office can visit any of your UK offices, branches or client sites at any time. These visits can be pre-arranged or unannounced. If your company has been trading for less than 18 months it is likely they will undertake a visit before they approve the licence. The Home Office considers the industry sector of a business when making a decision on whether or not to make a visit and we can provide tailored advice specific to your business.
