The Senior or Specialist Worker Visa offers a pathway for international businesses to transfer key employees to their UK operations. This visa, under the Global Business Mobility (GBM) category, allows companies to bring senior managers or specialists to the UK for temporary assignments, replacing the previous Intra-Company Transfer (ICT) route. At GSC Solicitors, we guide clients through every step of the process to ensure compliance and success. Below, we outline the key elements of the Senior or Specialist Worker Visa, from requirements to application procedures.
What is the Senior or Specialist Worker Visa?
The Senior or Specialist Worker Visa enables foreign employees to work in the UK by transferring to a UK-based branch of their overseas employer. This route is one of five under the GBM category, aimed at facilitating the mobility of business professionals. It provides a structured way for companies to bring specialised talent to the UK for strategic roles, helping businesses grow and adapt to international demands.
Key Benefits of the Senior or Specialist Worker Visa
The visa allows holders to:
- Work in the UK: Undertake the job role for which they’re being sponsored, for the specified duration.
- Travel and Study: Visa holders can travel freely in and out of the UK and engage in study programs, provided they don’t interfere with their work obligations.
- Bring Dependents: Accompanying family members can join the visa holder, making it easier for employees to relocate without disrupting family life.
Requirements for the Senior or Specialist Worker Visa
To qualify for the visa, applicants must meet several criteria:
1. Sponsorship
- Applicants need a Certificate of Sponsorship (CoS) from a licensed UK sponsor. This sponsor must be a business legally operating in the UK, authorised by the Home Office.
- The CoS will detail the job role, salary, and duration of the assignment, and it must be issued no more than three months before the application date.
2. Job and Skill Level
- The job must be at an eligible skill level as determined by the UK’s immigration rules. Each occupation has a corresponding code, and it’s crucial for the job description to match the correct code to avoid refusal.
3. Salary Thresholds
- The minimum salary requirement for a Senior or Specialist Worker is £48,500 per year.
- For high earners (earning £73,900 or more), there are additional benefits, such as extended periods of stay in the UK and reduced requirements for previous work with the sending business.
4. Financial Requirements
- Applicants must demonstrate that they can support themselves financially upon arrival. Alternatively, the sponsor can certify maintenance, ensuring the worker will be adequately supported for at least the first month of employment.
5. Validity and Extension
- The maximum stay for those earning below £73,900 is up to five years within a six-year period. High earners can stay up to nine years within a ten-year period.
- While this visa doesn’t directly lead to settlement, holders may switch to other visa routes, such as the Skilled Worker Visa, to pursue long-term residence in the UK.
Sponsor Requirements
A UK business that wants to bring a senior or specialist worker must hold an A-rated sponsor licence from the Home Office. The sponsor’s obligations include:
- Applying for a Sponsor Licence: Companies must demonstrate lawful operations, a genuine need for the transferred worker, and compliance with all legal standards.
- Assigning a CoS: Once approved, sponsors can issue a Certificate of Sponsorship to the worker. The CoS must clearly outline the nature of the job and verify that the worker meets the necessary criteria.
- Immigration Skills Charge: The sponsor is responsible for paying the required Immigration Skills Charge to bring a senior or specialist worker to the UK.
Application Process for the Senior or Specialist Worker Visa
The application process involves the following steps:
- Obtain a CoS: The sponsoring company must assign a Certificate of Sponsorship to the worker, detailing the role and salary.
- Submit an Online Application: Using the CoS reference number, the applicant completes an online application form.
- Provide Supporting Documents: The applicant may need to submit documents such as proof of employment and identification.
- Pay the Required Fees: This includes the visa application fee and health surcharge. For high earners, the process may be streamlined, allowing quicker access to the UK.
Costs and Fees
The total cost of a Senior or Specialist Worker Visa will include:
- Visa Application Fee: This varies depending on the duration of the stay and where the application is made (inside or outside the UK).
- Immigration Health Surcharge: This fee grants access to the UK’s National Health Service (NHS) during the worker’s stay.
- Certificate of Sponsorship: A fee of £239 to issue a CoS for the worker.
Can Dependents Join the Visa Holder?
Yes, dependents (spouse/partner and children under 18) can join the visa holder. Each dependent must apply separately, and the same financial and health requirements apply to ensure their stay in the UK is supported.
Tips for a Successful Application
- Ensure Accuracy: All details on the CoS must be accurate and reflect the job role correctly to avoid delays or refusals.
- Understand the Skill and Salary Requirements: Make sure the job role matches the designated occupation code and meets the minimum salary requirements.
- Seek Legal Guidance: Navigating UK immigration law can be complex, especially when transferring senior or specialist staff. Consulting with an immigration law expert ensures compliance and reduces the risk of rejection.
Summary
The Senior or Specialist Worker Visa is a valuable route for international companies looking to bring skilled professionals to the UK temporarily. It supports the seamless transfer of senior and specialist employees, fostering business growth and international collaboration. However, understanding the legal and procedural requirements is crucial for both the sponsor and the worker to avoid potential issues.
Need Assistance?
Navigating the requirements for the Senior or Specialist Worker Visa can be challenging. GSC Solicitors provides expert advice on sponsor licence applications, Certificates of Sponsorship, and immigration compliance to make the process smoother. Contact our immigration specialists today to discuss how we can assist you in bringing top talent to your UK business.
For further guidance, contact our Immigration Advisor, Denis Menabit at [email protected].
Senior or Specialist Worker Visa FAQs
Q: Can I switch to a different visa route while in the UK on a Senior or Specialist Worker Visa? A: Yes, you can switch to other visa categories, such as the Skilled Worker Visa, if you meet the eligibility requirements.
Q: What happens if the salary threshold changes while I am in the UK? A: You must maintain the appropriate salary throughout your stay. Changes in the law may affect your eligibility for extensions, so it’s best to seek advice if unsure.
Q: How long does it take to get a decision on my visa application? A: Standard processing times vary but generally range from 3 to 8 weeks, depending on whether you apply from within the UK or abroad.
