Senior or Specialist Worker Visa UK: Your Guide to Employment

1. Senior or Specialist Worker Visa UK: Introduction

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The UK’s Global Business Mobility (GBM) visa framework includes the Senior or Specialist Worker Visa UK. This visa is designed for senior managers and specialist employees on temporary work assignments in the UK, where the worker is being assigned to a UK business linked to their employer overseas.

While this visa does not provide a direct path to UK settlement, it offers opportunities to transition into other immigration routes leading to settlement. Partners and dependent children can accompany the primary visa holder. This visa replaced the UK ICT visa, which was previously used for intra-company transfers.

The Evolution of the Senior or Specialist Worker Visa UK

Introduced on 11 April 2022, the Senior or Specialist Worker Visa UK is part of the UK’s GBM visa system. It succeeded the Intra-Company Transfer (ICT) visa within the UK’s points-based immigration system. Although ICT visa applications have ceased, current ICT visa holders can continue their stay until the visa expires.

Key Details of the Senior or Specialist Worker Visa UK

Eligibility Criteria:

• Must be 18 years or older.
• Employed by an overseas business with a UK branch or a UK business linked to the overseas business through common ownership, control, or a joint venture.
• At least 12 months of continuous employment with the overseas business or a linked business outside the UK, unless earning \u00a373,900 or more annually.
• A valid Certificate of Sponsorship (CoS) from a UK sponsor.
• The UK job role must be genuine and at RQF Level 6 (graduate equivalent) or above.
• Salary must meet a minimum of £48,500 or the ‘going rate’ for the role, whichever is higher.

Key Requirements:

• Overseas work experience of 12 months (unless a high earner).
• Certificate of Sponsorship from a licensed sponsor.
• Genuine job not created primarily for visa purposes.
• Salary must meet both the general threshold and the job’s ‘going rate’.
• Employer must pay the Immigration Skills Charge (unless exempt).
• Applicants must show they have held £1,270 in savings for at least 28 days (unless exempt).

Additional Information:

• Switching from specific visa categories is possible.
• Visa duration is up to 5 years (up to 9 years for high earners), with potential extensions based on salary.
• Allows work, study, and voluntary activities, but no access to public funds.
• No direct route to settlement, but switching to other pathways is an option.
• Eligible partners and children can accompany the visa holder.

For Businesses:

• Open to businesses with overseas trade connections and affiliations with a UK entity.
• Must maintain a UK presence, be associated with an overseas entity, and uphold specific sponsor duties.
• Professional legal consultation is recommended for detailed insights, guidance, and assistance.

2. Permissions Under the GBM Senior or Specialist Worker Visa UK

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Holders of the GBM Senior or Specialist Worker Visa UK are permitted to:

• Enter the UK and undertake the specific job role for which they are sponsored.
• Engage in work, study, and voluntary activities.

The visa typically covers the job’s duration plus an additional 14 days. While primarily for temporary UK assignments, there is flexibility for extensions if the Global Business Mobility criteria are met. Current ICT visa holders can transition and extend their stay under GBM rules.

Duration of Stay

The duration of stay is linked to the salary:

• Those earning below £73,900 annually can stay up to 5 years within any 6-year period.
• Those earning above £73,900 can reside for up to 9 years within any 10-year period.

Restrictions

• No Access to Public Funds: Visa holders cannot access public funds.
• No Direct Path to Settlement: The GBM Senior or Specialist Worker Visa does not offer a direct path to UK settlement, but switching to other routes, like the Skilled Worker route, is possible for those seeking long-term UK residence.

3. Sponsoring a Senior or Specialist Worker in the UK

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For a UK enterprise to sponsor a Senior or Specialist Worker, obtaining a Sponsor Licence from UK Visas and Immigration (UKVI) is essential. This licence permits the company to issue a valid Certificate of Sponsorship (CoS) to the worker, which is required for their visa application.

Qualifications for a Sponsor Licence

• Operational Status: The UK entity must be genuinely operational and actively conducting business.
• Corporate Connections: The UK entity must be linked to the overseas business through common ownership or control, or have a joint venture with the overseas business on which the applicant is sponsored to work. UKVI must be assured of the worker’s role and the legitimacy of the connection.
• Employment Authenticity: The employment offered must be genuine, aligning with the visa’s skill and salary requirements.
• Sponsor Rating: The sponsor must hold a valid Global Business Mobility sponsor licence and be A-rated, unless the applicant is applying for an extension to continue working for the same sponsor or is the sponsor’s Authorising Officer and is sponsored as a UK Expansion Worker by a sponsor with a provisional rating.
• Immigration Skills Charge: The employer must pay the Immigration Skills Charge (ISC) for the Senior or Specialist Worker route, unless an exemption applies. Exemptions include applicants coming for less than six months, PhD-level occupations, or those switching from a student visa.

Given the intricacies of this process, seeking specialist advice is recommended to ensure a successful UKVI application.

4. Eligibility for the GBM Senior or Specialist Worker UK Visa

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The GBM Senior or Specialist Worker Visa aims to bring senior or specialist staff to the UK for temporary work assignments. Sponsored by a Home Office-endorsed UK entity linked to their overseas employer, the visa is granted for a period reflecting the work assignment and is bound by specific rules.

Defining Eligibility Standards

• Active Role: Maintain an active role with the international employer or a linked business (a business or organization linked to the sponsor by common ownership or control, or a business or organization that has a joint venture with the sponsor on which the applicant is sponsored to work) outside the UK and meet any overseas tenure requirements.
• Recognized Job: Engage in a job recognized by UK Visas and Immigration (UKVI) at RQF Level 6 (graduate equivalent) or above.
• Minimum Salary: Earn at least the minimum salary requirement, which is either £48,500 or the ‘going rate’ for the role, whichever is higher.
• Financial Stability: Show you have held £1,270 in savings for at least 28 days before applying, unless the sponsor is providing financial support.
• Health Requirements: For applicants from countries listed in Appendix T of the immigration rules, a valid tuberculosis test result is required if they have been residing in a listed country for more than 6 months immediately preceding the application.

Points-Based System

For a GBM Senior or Specialist Worker Visa, applicants need 60 points across three mandatory categories:

• Sponsorship: 20 points
• Job at the appropriate skill level: 20 points
• Appropriate Salary: 20 points

Please note there is no specific English language requirement for GBM Senior or Specialist Worker Visa UK.

5. Senior or Specialist Worker Visa UK: Point Requirements

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To successfully obtain the GBM Senior or Specialist Worker Visa, applicants must meet specific points requirements. These requirements are divided into three key areas: Sponsorship, Job Skill Level, and Salary Threshold.

Earning Points for Sponsorship (20 Points)

• Valid Certificate of Sponsorship (CoS): A valid CoS tailored for the desired role is essential. This CoS should include the applicant’s identity, designation as a senior or specialist worker, relevant job details, salary information, a proposed job start date within three months of the application, and confirmation of meeting the overseas work requirement (unless classified as a high earner).
• Licensed Sponsor: The sponsoring entity in the UK must hold a valid Global Business Mobility sponsor licence and be A-rated, unless the applicant is applying for an extension or is the sponsor’s Authorising Officer and is sponsored as a UK Expansion Worker by a sponsor with a provisional rating. Additionally, the Immigration Skills Charge (ISC) must be fully paid, unless an exemption applies.
• Genuine Vacancy: The job being offered must be a genuine vacancy that was not created primarily for visa purposes.
• Employment Requirement: At the time of application, the applicant must be working for the sponsoring company or a linked entity (a business or organization linked to the sponsor by common ownership or control, or a business or organization that has a joint venture with the sponsor on which the applicant is sponsored to work). A year-long employment with the employer outside the UK is mandatory unless the candidate is a high-income earner (earning at least £73,900 annually).

Acquiring Points Via Job Skill Level (20 Points)

• Role Requirements: The applicant should be nominated for a role that meets the skill requirements of a GBM senior or specialist worker. The role must be at RQF Level 6 (graduate equivalent) or above and correspond with an eligible occupation code listed in Appendix Skilled Occupations of the UK’s Immigration Rules.
• Validation: The Home Office will validate the accuracy of the occupation code chosen by the sponsor based on the genuine job requirements, the applicant’s skills, and the sponsor’s immigration compliance history.

Earning Points Via Salary Threshold (20 Points)

• Minimum Salary Requirement: The proposed salary should either meet the basic salary limit of £48,500 or the specific ‘going rate’ for the profession, whichever is higher.
• Going Rate: The going rates for various occupations are set out in Appendix Skilled Occupations.

Meeting these point requirements is crucial for applicants aiming to secure a GBM Senior or Specialist Worker Visa. By ensuring compliance with the sponsorship, job skill level, and salary criteria, applicants can enhance their chances of a successful visa application.

6. Certificate of Sponsorship & Dependent Rules

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A Certificate of Sponsorship (CoS) is central to any senior or specialist worker visa application. Though it’s an electronic record and not a physical document, it is crucial as it provides detailed information about the role the person is expected to fill in the UK. The visa application must be submitted within three months of the CoS being assigned.

Importance of CoS

• Securing a CoS relies on a sponsor having a senior or specialist sponsor license and access to the Home Office sponsorship management system (SMS).
• Before assigning a CoS, sponsors must ensure the worker complies with immigration rules and that the role meets the necessary criteria.

Rules for Dependents

GBM senior or specialist workers can be accompanied by partners and dependent children, provided they meet certain criteria.

Financial Requirements for Dependents

The financial requirement for dependents can be met either by the sponsor certifying that they will maintain and accommodate the dependents for the first month they are in the UK or by providing evidence of holding funds for a 28-day period.

Unmarried Partner

• Must have lived together for at least two years in a relationship akin to marriage.
• The couple should not be closely related by UK standards.
• The intention to live together during the visa duration is essential.

Dependent Children

• Must be under 18 on the date of application.
• Must be directly related to a parent who is or will be on the GBM senior or specialist worker pathway.
• Additional conditions apply, especially for children aged 16 and above, including demonstrating dependency and continuous residency with the parent.

7. Financial Aspects of the GBM Visa

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Navigating the financial terrain of the GBM visa is vital. Here’s a breakdown of the costs from the perspectives of the applicant and the sponsor:

Costs for the Applicant

• Visa Application Fee: The applicant must pay the relevant application fees, which vary depending on the circumstances of the application.
• Immigration Health Surcharge (IHS): This surcharge allows visa holders to access the National Health Service (NHS). The amount varies depending on the length of the visa.

Costs for Sponsors

• Sponsor Licence Fee:
  • Small or charitable sponsors pay £536.
  • Medium to large sponsors pay £1,476.
• Certificate of Sponsorship (CoS) Fee: Each CoS costs £239.
• Immigration Skills Charge (ISC): Fees vary based on the sponsor’s size and the visa duration.
  • Small sponsors pay £364 for 12 months or less, then £182 for each additional 6 months.
  • Medium or large sponsors pay £1,000 for 12 months or less, then £500 for each additional 6 months.

Understanding the financial intricacies ensures a transparent process. By grasping these costs, businesses and professionals can plan effectively, ensuring a smooth transition and beneficial collaboration in the UK.

8. Switching to the GBM Visa from Within the UK

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In the ever-changing landscape of global business, the ability to adapt and switch visa categories without leaving the UK is a distinct advantage. Here, we demystify the process of transitioning to the GBM senior or specialist worker visa.

Possibility of Switching

Professionals residing in the UK under different visa types might find the GBM visa a beneficial shift, given the nation’s progressive immigration policies. However, there are specific conditions to this flexibility.

Exceptions to the Rule

The transition isn’t available for everyone. Individuals on the following visas cannot switch to GBM:

• Standard or other types of visitors.
• Short-term students.
• Parents of child students.
• Temporary seasonal workers.
• Domestic workers in private households.
• Individuals residing outside of standard Immigration Rules.
• Individuals who are in the UK on immigration bail.

Key Requirements for Switching

Switching is about more than intent; it hinges on eligibility. Aspirants must:

• Align with GBM’s job criteria, including role, responsibilities, and qualifications.
• Secure a valid Certificate of Sponsorship (CoS).
• Meet the Overseas Work Stipulation: Even those in the UK must show 12 non-consecutive months of overseas work for the same business.
• If the applicant is applying for permission to stay and has, or last had, permission as a student, they must have completed the course of study for which the Confirmation of Acceptance for Studies was assigned (or a course to which paragraph ST 27.3 of Appendix Student applies), or the course must have finished before the start date on their CoS. Alternatively, if the course was leading to a PhD award they must have completed at least 24 months of that course.

Switching to the GBM visa from within the UK showcases adaptability and long-term planning. However, understanding its subtleties is crucial to ensuring alignment with regulations and a fulfilling UK experience.

9. Duration & Extensions: Making the Most of Your Stay

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The UK’s GBM Senior or Specialist Worker visa aims to accommodate the diverse needs of global professionals, offering a blend of stability and flexibility. Here’s a closer look at the visa’s duration, extensions, and associated guidelines.

Initial Duration

The visa’s duration corresponds to the employment period indicated on the Certificate of Sponsorship (CoS), but it’s subject to certain limits:

• The maximum duration is the sooner of:
  • 14 days after the job’s end date on the CoS
  • 5 years after the job’s start date on the CoS
  • The date the applicant reaches the maximum allowed time in the Global Business Mobility routes

Cumulative Stay and Exceptions

The UK has limitations on the total time one can reside under this visa:

• A senior or specialist worker is typically allowed up to 5 years within a 6-year window.
• High-income professionals earning £73,900 or more annually can stay up to 9 years within a decade.

Extension Possibilities

While the GBM visa is temporary, extensions are available if the job necessitates a longer stay and the visa criteria are still met. Extensions are also subject to the cumulative stay limits.

Pathway to Permanence?

The GBM visa does not directly lead to UK settlement. However, it’s possible to switch to other visa categories that offer a pathway to settlement, if the eligibility requirements for those categories are met.

In essence, the GBM visa is flexible, evolving with the shifting requirements of the global business environment. By comprehending its parameters, professionals can fully leverage their UK tenure, optimizing their contributions to and experiences in this international business nexus.

10. FAQs: Senior or Specialist Worker Visa UK

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