Skilled Worker Visa Success Story: Helping a European Biotech Scientist Secure a Smooth Transition to the UK
Background
We successfully assisted a highly skilled European scientist in securing a Skilled Worker visa after identifying significant risks associated with relying on his existing pre-settled status. By taking a proactive approach and advising both the client and the sponsoring employer to pursue a fresh Skilled Worker application from overseas, we secured a swift and successful outcome. The Defined Certificate of Sponsorship was approved within 24 hours, and the client's visa was granted just three weeks after the application was submitted.
Our client, a highly skilled scientist working in the biotechnology industry, had previously lived in the UK and held pre-settled status under the EU Settlement Scheme. However, after spending an extended period living overseas, he had broken the continuous residence required to retain the benefits of that status.
A UK biotechnology company wished to recruit him as a Senior Scientist and was ready to sponsor him under the Skilled Worker route.
Our Challenge
Although the client still held pre-settled status, relying on it to enter the UK carried a significant degree of risk. Given the break in his continuous residence, there was a realistic possibility that the Home Office could determine that he no longer met the requirements of the EU Settlement Scheme.
One option was for the client to travel to the UK using his existing status before his employer assigned a Certificate of Sponsorship. However, we advised both the client and the sponsor that this approach created unnecessary uncertainty and could have resulted in avoidable immigration complications.
Instead, we recommended following a more secure and transparent route by obtaining a Defined Certificate of Sponsorship and submitting a Skilled Worker visa application from the client's country of residence in Europe.
A further challenge arose in relation to the English language requirement. The client wished to rely on his PhD, which had been taught in English at a university in his home country. This required an ECCTIS assessment to confirm that the qualification met the Home Office's English language requirements.
Our Approach
We crafted a strategic plan to bolster the application, ensuring robust support for both employer and employee.
Advising on Essential Evidence
We advised on assembling a compelling dossier to affirm the role's authenticity and the migrant's suitability, including:
Three months' worth of payslips evidencing payment for carer duties.
Corresponding bank statements validating salary deposits.
Documentation aligning duties performed with the sponsored role.
HR verification of responsibilities and working hours.
While not explicitly required, these documents were pivotal in:
Alleviating caseworker concerns.
Pre-empting potential evidential inquiries.
Cementing a clear employment narrative with the sponsoring entity.
Preparing the Skilled Worker Application
We meticulously prepared and submitted a comprehensive application, featuring:
A clear narrative of the migrant’s role and duties.
Substantial proof of employment history and remuneration.
Detailed legal arguments showcasing eligibility compliance.
Assurance of salary, skill level, and sponsorship adherence.
Strategic Submission
Opting against priority service, we relied on the application’s inherent strength to ensure a prompt decision. Our strategy underscored:
The role's genuineness.
Employment continuity.
Total adherence to sponsorship protocols.
The migrant’s immediate readiness for the carer position.
Our Outcome
The client's Skilled Worker visa was granted within less than three weeks of the online application being submitted, allowing him to relocate to the UK and commence his employment without delay.
By identifying the potential risks at an early stage and implementing a well-planned immigration strategy, we helped both the client and the sponsoring employer avoid uncertainty and achieve a smooth, compliant and efficient recruitment process.
Summary
This case highlights the importance of carefully assessing an individual's immigration history before relying on an existing immigration status. A status that appears valid may no longer provide a secure basis for entry if the underlying eligibility requirements are no longer met.
It also demonstrates the value of obtaining specialist immigration advice at an early stage. By selecting the most appropriate immigration route from the outset and preparing a robust application, employers can minimise delays and provide prospective employees with greater certainty throughout the recruitment process.
