As part of our recent series of articles on sponsorship and independent schools, here we provide an overview of the Skilled Worker application process to sponsor teachers who are already in the UK.
Applicants for teaching jobs from overseas require a visa or other immigration status allowing them to work in the UK. This includes those from the European Economic Area (EEA) and Switzerland. Non-UK citizens who have completed initial teacher training in England will also need a visa or other immigration status giving them the right to work in the UK.
Switching to the Skilled Worker route
In addition to recruiting applicants for teaching jobs from overseas, independent schools can recruit applicants who are already in the UK, either as Skilled Workers or other visa category holders, who would be switching employment or immigration category.
Most applicants from overseas will need a Skilled Worker visa to be able to work in the UK. In order to sponsor migrant workers in teaching positions, independent schools must have a sponsor licence. If the independent school does not have a licence, they will need to apply for one before being able to sponsor a migrant worker. Further information on how to apply for a skilled worker sponsor licence can be found in our earlier article here.
If the applicant for the teaching position is currently in the UK on a student visa, they must also meet one of the following requirements:
- they must have completed the course they were sponsored to study;
- their job start date is after their course has finished; or
- they have studied for a PhD for at least 24 months.
Applicants will not be able to apply to switch to a Skilled Worker visa if they are currently in the UK on the following visas:
- a visit visa;
- a short-term student visa;
- a Parent of a Child Student visa;
- a seasonal worker visa;
- a domestic worker in a private household visa;
- on immigration bail; or
- if they were given permission to stay outside the immigration rules, for example on compassionate grounds.
If the candidate for the teaching position holds any of the above visas, they will need to leave the UK and apply for a Skilled Worker visa from their country of origin or residence.
What are the requirements?
Any individual that an independent school wishes to employ will need a job offer and a Certificate of Sponsorship (CoS) before they can apply for their Skilled Worker visa. They can apply for a visa up to three months before they start work with the independent school as long as:
- their employer is a licensed worker sponsor;
- they have been offered a job;
- they already have a valid UK visa which enables them to switch into Skilled Worker route from within the UK;
- they have met the English language requirements for a Skilled Worker visa;
- their role pays at least £23,200, or the relevant minimum rate for teachers in England, whichever is higher; and
- any part-time role pays at least £23,200, or the relevant minimum rate for teachers in England once pro-rated, whichever is higher.
We discussed the salary requirements for teachers in detail in our earlier article here.
Application process
There are a few steps in the in-country Skilled Worker application process, including obtaining and submitting the relevant supporting documents for the application.
Step 1: Certificate of Sponsorship (CoS)
The first step in the process, once an independent school has identified a candidate for the teaching position, and offered them a position which the candidate accepted, is to provide their candidate with a CoS.
A CoS is an electronic document with a unique reference number issued by the sponsor to the worker via the Sponsorship Management System (SMS), which confirms the details of the job the worker is being sponsored for.
For candidates who are already in the UK, the employer must assign to the worker an ‘undefined’ CoS through the SMS. Undefined CoS are part of annual CoS allocation, which is renewed every year. If the available CoS are not used within 12 months from when they were granted, they will expire.
An independent school will therefore need to have undefined CoS allocation available on their licence. If they do not have any CoS available, they will need to apply to renew their annual CoS allocation or apply for additional CoS. If an independent school needs to apply for additional CoS allocation, it should be noted that processing of those requests can take up to 18 weeks. If the CoS is required urgently, it may be possible to apply for priority processing of the request. The Home Office charge for priority processing of CoS requests, but once the payment is made, the CoS request should be processed within five working days.
A copy of the assigned CoS should be given to the candidate so that they can prepare their visa application.
Step 2: Visa application
Once the applicant has a CoS assigned to them, they can prepare their visa application. The application form is prepared and submitted online, after which the applicant may need to provide their biometrics at one of the visa application centres. Following the online submission, the applicant will have access to the biometric appointments diary and will be able to choose and book a suitable appointment. There are usually appointments available within a couple of weeks after the submission, however this can vary depending on the location.
Current Skilled Worker and certain other visa holders will be able to use the ID Verification app to provide their biometrics when setting up and completing their application. In those cases, they will not need to submit their biometrics again once the application is submitted online.
Step 3: Supporting documents
In support of their application, as well as the CoS from their employer, and depending on their current visa category, the candidate may need to provide further documents, including:
- evidence of their identity (passport);
- evidence that they satisfy the English language requirement;
- evidence that they have enough personal savings to support themselves in the UK, unless they have been in the UK for 12 months or over, or their employer has certified maintenance on their CoS; and
- evidence of completion of their studies, if switching from a student visa.
The applicant will have to provide copies of documents electronically once the application is submitted, and before their biometric appointment, if they are required to attend one. No physical documents are required to be sent to the Home Office.
Step 4: Submission of application
Once the application has been submitted online and the relevant fees have been paid, if required, the applicant will then need to attend their appointment and submit their biometrics (fingerprints and photo). As mentioned above, any supporting documents required for the application should be provided electronically by uploading them online before the appointment.
For the individuals who were able to use the ID Verification app, the application submission process would be completed once the online application is submitted and the relevant fees are paid, as they would have been able to submit their biometric information via the app when setting up their application.
Skilled Worker application processing
The processing of Skilled Worker visa applications submitted within the UK can take up to eight weeks from submission of the application to receive a decision. If a teacher is required to begin their role sooner, it may be possible to expedite their application and pay for priority processing, which would reduce the processing time to either one working day or five working days (depending on the priority service chosen). The time frame for receiving the decision would begin following the submission of the application if the ID Verification app was used, or following the biometric appointment, if applicable. The priority service is subject to availability, and it is important to note that the Home Office do not guarantee their processing times.
Once the application is submitted online, the applicant must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until they receive a decision. Their application will be withdrawn if they do leave the UK.
Once the applicant’s Skilled Worker visa has been approved, they will receive an email from the Home Office confirming the length and terms of their visa.
Biometric Residence Permits (BRP cards) are no longer issued and instead the applicants will be able to access their eVisa through their online UKVI account.
Checking the Right to Work
Whatever the successful applicant’s visa type or immigration status, the sponsor is responsible for checking their right to work before the teacher starts work.
Individuals who are already in the UK will have their online immigration account set up and will be able to obtain a ‘share code’ for right to work, which they will need to pass onto their employer so that the right to work checks can be undertaken.
A person who has made an application to switch to the Skilled Worker route must not start working for their sponsor until their application has been granted, unless, on the date of application, they already have a type of immigration permission which allows them to do the work in question (for example, if they have permission as a dependant of a Skilled Worker and a right to work check confirms they are not prohibited from doing the work in question).
Step-by-step example of the application process
The following is an example of the steps involved for an independent school wishing to sponsor a person who is already in the UK on a different visa type:
- The independent school already has a sponsor licence.
- The school identifies a candidate they want to employ. The candidate is already in the UK as a dependant partner visa holder. They offer the position and the candidate accepts this, provisional to the visa application being successful.
- The school ensures they have an undefined CoS allocation available, and applies to obtain additional CoS, if required.
- When the CoS allocation is available, the school prepares a CoS in their sponsors management system and assigns it to the candidate.
- While the school has been preparing for the CoS to be assigned, the candidate has been preparing their visa application form and the supporting documents needed for the application.
- Once the CoS has been assigned and the application form and documents are finalised, the visa application form can be submitted online.
- The candidate was not able to use the ID verification app and books their biometric appointment at a visa application centre, which had availability for the following week.
- The supporting documents are uploaded electronically onto the online system ahead of the appointment.
- The candidate attends the biometric appointment, and the application is then sent electronically to the Home Office to be processed.
- The visa application was submitted for priority processing and is processed within five working days following the biometric appointment. The applicants receives an email from the Home Office confirming the grant and terms of their Skilled Worker visa.
- The applicant obtains a share code for right to work and passes it to the school.
- The school completes the correct right to work check on the individual, in accordance with the guidance. The teacher can then start work.
Our series on sponsorship and independent schools
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We have much more to come as part of this series, with our next article focusing on the alternative options to employ a teacher.
Skilled Worker applications for teachers: How our Immigration Solicitors can help
Here at Carter Thomas, we are experienced in preparing Skilled Worker applications to ensure a successful outcome and will provide expert guidance and assistance to schools throughout the process.
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