Spouse Visa Vs. Skilled Worker Visa

Moving to the UK can be a challenging process, but with determination and a positive mindset, you can overcome any obstacles that come your way. Whether you are applying for a spouse visa or a skilled worker visa, it is important to stay focused on your goals and remember that the rewards will be worth the effort. Although there may be some negative factors to consider, staying optimistic and motivated can help you achieve success in your UK journey.

Disadvantages of a Spouse Visa:

UK spouse visa has a few drawbacks that you should consider before applying. Firstly, the processing time for a partner visa can take, up to 12 weeks, but it may take longer depending on the country you are applying from and the current backlog with the Home Office. Although an expedited application can put you ahead of the queue, it does not guarantee a specific timescale. On average, you may expect a decision within 4-6 weeks.
Secondly, the partner visa fee is £1846, which is granted for 33 months and needs to be extended for another 30 months at least once. Additionally, there is a £3105 Immigration Health Surcharge, payable with the first application, and £2587.50 with the application for extension.
Thirdly, to be eligible for the spouse visa, the sponsor's income over the last six months, or the last financial year for self-employed people and directors of limited companies, is a crucial factor. This may be frustrating if the sponsor only recently started being self-employed and therefore, must wait for a full year of accounts to apply. Also, temporary unemployment of the British partner or a change of employment may delay the eligibility of the non-British partner to apply for the visa, even if they have a good prospect of finding employment and expect to be the main breadwinner for the family.

Advantages of a Spouse Visa:

On the other hand, a spouse visa does not impose any restrictions on the amount of time spent outside the UK. However, if your absence exceeds six months, you must provide an explanation showing that the absence resulted from exceptional circumstances of a temporary nature and that your permanent residence is in the UK.
It is possible to switch between the partner visa and the skilled worker visa, but the time spent in one category cannot be combined with time spent in the other category when calculating eligibility for Indefinite Leave to Remain. Therefore, it is important to make a prompt decision on which type of visa is most suitable for you.

Advantages of a Skilled Worker Visa:

An application for a skilled worker visa takes only 3 weeks to process. If expedited, the decision can be made within 5 days or even 24 hours. Priority service offers a clear timescale, not just preferential treatment. The skilled worker visa is less expensive and can be issued for the entire five-year period, making you eligible for indefinite leave to remain. This means that you do not have to make an extension application and the initial visa application fee will be lower. Additionally, the Skilled Worker visa has a much lower financial requirement. You only need to have £1025 in your bank account for 28 days. This can be met if the sponsor (in this case, the employer) certifies maintenance when assigning the certificate of sponsorship.

Disadvantages of Skilled Worker Visa:

However, the disadvantage of the skilled worker visa is that you need to secure an offer of employment in the UK in a skilled occupation and with the right level of pay. The employer must function as your sponsor, which means they have to undertake certain duties related to the prevention of illegal working and pay the government an immigration skills charge which, for a large organisation, amounts to £5000 for five years of sponsorship. The English language requirement is more onerous for the Skilled Worker visa applicant than for a person applying for a partner visa. For skilled workers, the required standard of English is B1 in four components - speaking, listening, reading, and writing. For partners of settled persons, it is A1 (for the initial application) in speaking and listening only. The skilled worker visa allows you to work only for one employer. You may take some supplementary work, but only in the same occupation as your sponsor.

Frequent Traveller Option:

If you are someone who travels frequently, it is important to note that your eligibility for indefinite leave to remain as a skilled worker would be subject to certain conditions. Specifically, you must not exceed 180 days of absence from the UK in any 12 months.
If you are absent for more than 180 days in 12 months, your continuous residency will be interrupted, and the countdown will start from the day of your return from the prolonged absence. As a result, you will have to extend your visa instead of applying for Indefinite Leave to Remain.

On the other hand, a spouse visa does not impose any restrictions on the amount of time spent outside the UK. However, if your absence exceeds six months, you must provide an explanation showing that the absence resulted from exceptional circumstances of a temporary nature, and that your permanent residence is in the UK.
It is possible to switch between the partner visa and the skilled worker visa, but the time spent in one category cannot be combined with time spent in the other category when calculating eligibility for Indefinite Leave to Remain. Therefore, it is important to make a prompt decision on which type of visa is most suitable for you.
For more than a decade we have been assisting businesses and individuals with immigration and visa enquiries, providing sound advice, and successfully handling applications.

For more than a decade we have been assisting businesses and individuals with immigration and visa enquiries, providing sound advice, and successfully handling applications. Please submit your details via our online enquiry form and our expert team will be in touch to progress your enquiry.
Alternatively, you may contact us directly on the phone number 01403 801801