Two of the most often used immigration categories by UK employers for the transfer or recruitment of overseas staff are the Global Business Mobility (GBM): Senior or Specialist Worker, and Skilled Worker visa routes.
If you are already working for a tech company outside of the UK, a Senior or Specialist Worker visa would enable you to transfer your employment to the UK branch of that business.
To be eligible to apply for a Senior or Specialist Worker visa, you must:
- Have been issued a valid Certificate of Sponsorship by your UK employer
- Have been working for your employer, or a member of the corporate group, outside of the UK for a cumulative period of at least 12 months before the date of application (unless you are applying as a high earner)
- Be sponsored for a job which is on the list of eligible occupations
- Be paid the minimum eligible salary required for your job
- Show that you have sufficient funds to maintain yourself in the UK (unless maintenance is certified by your sponsor) and,
- Not fall for refusal under any of the general suitability grounds.
Under this route you are not required to meet any English Language requirements, which can make the Senior or Specialist Worker an attractive option in some cases.
Important to know
- You can apply with a dependent spouse / civil partner / unmarried partner and dependent children under the age of 18
- You can study in the UK in addition to your work, subject to certain conditions
- You should not be cumulatively sponsored under this route for more than 5 years in any 6-year period unless you are high earner, in which case the restriction is 9 years in any 10-year period
- You or your family cannot apply for settlement in the UK under this route alone; and
- It is possible to switch from a Senior or Specialist Worker visa to the Skilled Worker route should you meet the relevant requirements (see below).
Skilled Worker
This is the most desired route for employees as it permits settlement in the UK after 5 years of continuous residence, provided you meet the other relevant requirements for settlement.
To be eligible to apply for a Skilled Worker visa, you must:
- Have been issued a valid Certificate of Sponsorship by your UK employer
- Be sponsored for a job which is on the list of eligible occupations
- Be paid the minimum eligible salary required for your job
- Be competent in the English language to a minimum standard of B1 in the CEFR in reading, writing, speaking and listening
- Show that you have sufficient funds to maintain yourself in the UK (unless maintenance is certified by your sponsor) and,
- Not fall for refusal under any of the general suitability grounds.
Important to know
- You can apply with a dependent spouse / civil partner / unmarried partner and dependent children under the age of 18
- You can study in the UK and take on additional work in certain circumstances; and
- There are no restrictions on the number of cumulative periods of sponsorship under the Skilled Worker route.
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this article, please do not hesitate to contact us for advice, or send us an e-mail. Don’t forget to follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2024