Skilled Worker and Intra Company Visas under the Points Based System (PBS)

 The Points Based System visa application routes for applicants going to or residing in the UK to work for an employer who is sponsoring them are Skilled Worker and Intra Company Worker.

To sponsor migrant labour, the employer must have a valid Sponsor Licence.

There are two types of Worker visas that allow various people in different situations to be sponsored to come to the UK to work. 

To be granted a Worker visa, the applicant must obtain a specified amount of points, which are assigned based on the category for which the applicant is applying, the applicant's personal circumstances, and the conditions of the sponsorship.

Visa for Skilled Workers

This category is for skilled migrant workers who have been offered a job by a UK firm. It allows the migrant to come to the UK to work or to stay in the UK to work if they have a Skilled Worker visa.

 Many other visa types can now be converted to the Skilled Worker path in the UK. Applicants using this method are permitted to bring dependent family members with them.

The sponsoring employer must preserve a record of how the sponsored migrant was determined as suitable for the post, which may include documentation of a recruitment exercise. 

This evidentiary criterion is significantly less onerous than the old resident labour market test requirement, which was eliminated in December 2020, but it applies to all sponsored employees through this method — there are no longer exclusions for High Earners or those in Shortage Occupation jobs.

Under the Skilled Worker path, a migrant can now stay in the UK indefinitely (with each visa lasting for a maximum of 5 years). 

They may be entitled to apply for Indefinite Leave to Remain after 5 years in the UK on a Skilled Worker visa (perhaps including time under certain other categories, such as Tier 2 (General)).

Intra-Company Employee

The Intra-Company Worker route enables Human Resources departments to transfer employees between the many countries in which the company operates.

Applicants are not required to show evidence of English language proficiency.

This path does not lead to Indefinite Leave to Remain in the United Kingdom.

Within this route, there are two sub-categories:

1. Long-term employees

To be eligible, the person you wish to transfer must have worked for a related overseas company for a minimum of 12 months outside the UK (unless they make more than £73,900 per year).

Migrants can take this type of leave for a maximum of five years out of every six. However, if the migrant earns a lot of money, they can extend their leave for up to 9 years out of every 10.

2. Graduate student

This sub-category can be utilised to relocate recent graduates to the United Kingdom as part of an organised graduate training programme. The applicant must be a recent graduate who has worked for the company overseas for at least three months.

The graduate trainee sub-category is for a period of no more than 12 months.

3. Skilled Workers no longer have a cooling-off period.

Previously, if a migrant was sponsored under Tier 2 but their leave had expired or lapsed, they had to wait 12 months before applying under any Tier 2 category again. This restriction is no longer in effect for the Skilled Worker path (extending to anyone still under a Tier 2 General visa.) The restriction still applies, albeit in a more limited form, to Intra Company Worker visa holders; there is no automatic one-year restriction on returning to the UK on a new Intra Company Worker visa as long as the applicant has not exceeded the maximum period for ICW sponsorship (5 years out of any 6, or 9 years if earning more than £73,900).

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