Overview of the Senior or Specialist Worker Visa
The Senior or Specialist Worker visa is part of the Global Business Mobility immigration routes. It allows eligible employees of overseas businesses to work temporarily for a linked UK business in an eligible senior or specialist role.
The route replaced the previous Intra-Company Transfer route and is designed for international businesses that need to transfer employees to their UK operations.
Who Is the Visa For?
The route may be suitable for an employee who is already working for an overseas organisation and is being assigned to a linked UK business.
The UK employer must be an approved sponsor and the worker must meet the relevant immigration requirements.
Applicants generally need:
- An eligible job
- A valid Certificate of Sponsorship
- An eligible overseas employment relationship
- The required salary
- The required overseas work experience, unless an exception applies
Corporate Relationship
One of the important features of the Senior or Specialist Worker route is the relationship between the overseas and UK businesses.
The route is intended for employees being transferred within qualifying business structures rather than individuals simply taking up unrelated employment with a UK company.
Businesses should therefore assess their corporate structure before proceeding.
Certificate of Sponsorship
The UK sponsor must assign a Certificate of Sponsorship to the worker.
The certificate provides information about the job the employee will undertake in the UK.
The details should accurately reflect the proposed employment, including the role, salary and other relevant information.
The worker then uses the reference number from the certificate as part of their visa application.
Eligible Occupation
The job must be on the list of occupations eligible for the Senior or Specialist Worker route.
The occupation code should correspond with the actual duties the worker will perform.
Employers should avoid selecting an occupation code based solely on the job title. The duties and responsibilities of the position are important when determining the appropriate occupation.
Salary Requirements
The current general salary requirement is £52,500 per year or the applicable going rate for the occupation, whichever is higher.
Different provisions can apply in certain circumstances, including specific transitional arrangements.
Because salary requirements and going rates can change, employers should check the current requirements before assigning sponsorship.
Overseas Employment
Applicants will generally need to have worked for the overseas business for the required period before applying.
The rules contain exceptions in certain circumstances.
The overseas employment requirement should therefore be assessed alongside the applicant’s nationality, salary and employment history.
How Long Can You Stay?
The Senior or Specialist Worker route is temporary.
The length of permission depends on the Certificate of Sponsorship and the maximum period permitted under the immigration rules.
The route does not itself provide a direct route to indefinite leave to remain.
An individual who later wishes to remain in the UK permanently may need to consider whether they qualify for another immigration route.
Changing Jobs
Workers on this route are generally tied to the sponsored employment.
If the worker changes their job in a way that requires an immigration update, they may need to apply to update their visa before undertaking the new role.
Businesses should obtain immigration advice before making significant changes to a sponsored employee’s position.
Dependants
Eligible Senior or Specialist Workers may be able to bring qualifying dependants to the UK.
A dependant application is separate from the worker’s application and must meet the relevant requirements.
Employer Responsibilities
The UK sponsor must continue to meet its sponsor duties.
This includes keeping records, monitoring sponsored workers and reporting relevant changes to UKVI.
The Global Business Mobility sponsor guidance also requires sponsors to keep records and report certain changes concerning sponsored workers.
How We Can Help
SWM Solicitors advises businesses and employees on Senior or Specialist Worker applications.
We can assist with assessing eligibility, corporate relationships, occupation codes, salary requirements, sponsor licence matters, Certificates of Sponsorship and visa applications.
We can also advise international businesses on the wider Global Business Mobility routes where another route may better suit their circumstances.