The Senior or Specialist Worker Visa Replaces the Intra Company Transfer Visa
Many changes to UK immigration routes were announced in the 15 March 2022 Statement of Changes to the immigration rules. However, immigration solicitors say that one route of particular interest to overseas companies with a subsidiary company or branch in the UK, is the senior or specialist worker route under the umbrella of the new global business mobility visa.
Business immigration solicitors advise that without a lot of fanfare or publicity the intra company transfer visa route is closing to new applicants on the 11 April 2022. It is being replaced by the senior or specialist worker visa.
UK Online and London Immigration Solicitors and Sponsorship Licence Lawyers
For advice on transferring overseas based workers to the UK call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
The intra company transfer visa
The intra company transfer visa closes to new applicants at 9 am on the 11 April 2022 when the senior or specialist worker visa opens. If your business is planning to transfer an employee from overseas to work in the UK it is important to be aware of this deadline so you do not use the incorrect application or base the application on incorrect eligibility criteria.
Employees who are already in the UK on intra company transfer visas are not affected as their visas will continue as will the employer sponsor licence reporting and recording duties in relation to those employees they sponsor on the intra company transfer visa scheme.
The senior or specialist worker visa
The senior or specialist worker visa is said to be for senior managers and specialist employees who want to undertake a temporary work assignment in the UK. The route is part of the new global business mobility visa.
The main qualifying point is that the visa applicant must be assigned to a UK business linked to their employer overseas. If there is no existing employer and employee relationship then the visa applicant may qualify for a work visa under the skilled worker visa route, depending on the nature of the job.
The eligibility criteria for the senior or specialist worker visa
The eligibility criteria for the senior or specialist worker visa includes:
- The visa applicant must be aged eighteen or over.
- The visa applicant must currently be working for a business that is linked to the UK visa sponsor. The link should be by common ownership or control or by a joint venture on which the visa applicant is sponsored to work.
- The visa applicant has worked overseas for the linked business for a cumulative period of at least twelve months. ( This aspect of the eligibility criteria does not apply if the visa applicant is classed as a high earner on a salary of £73,900 per year or more, in which case there is no minimum length of overseas employment criteria).
- The UK based job is a genuine job and the UK based business has a Home Office issued sponsor licence and has allocated a certificate of sponsorship to the visa applicant. The certificate of sponsorship must be dated within three months of the visa application.
- The job the visa applicant will be undertaking in the UK is at an appropriate skill level and the salary will amount to at least £42,400 per year and the ‘going rate’ for the job. The going rate for the job is published by the Home Office and is not set by the UK sponsoring employer.
- The visa applicant meets the maintenance requirement.
A visa applicant does not need to meet the English language requirement so there is no need for any senior or specialist worker visa applicant to sit an English language test.
Working overseas for a linked business
A senior or specialist worker visa applicant must be currently working for a business that is linked to the UK sponsor by one of three options:
- Common ownership
- Common control
- A joint venture on which the visa applicant is sponsored to work
The link between the overseas and UK business cannot be a commercial contract – there has to be more than that, such as common control or a joint venture in the commercial meaning of the term.
The visa applicant also has to have worked outside the UK for the business for a cumulative period of at least twelve months. This means the twelve month work period can have been accumulated over a longer period of time if there were breaks in employment for reasons such as maternity or paternity or parental leave.
If the visa applicant will be earning £73,900 per year or more then the applicant does not need to meet the twelve month employment rule. This is similar to the intra company transfer visa rules distinguishing between higher and lower earners.
Length of the senior or specialist worker visa
A senior or specialist worker visa lasts for five years.
A senior or specialist worker visa holder can apply to the Home Office to extend their visa but there is a maximum period of UK entry clearance on a senior or specialist worker visa:
- Five years in any six year period if the visa holder is paid less than £73,900 per year or
- Nine years in any ten year period if the visa holder is paid £73,900 or more per year.
Time spent in the UK on the intra company transfer visa counts toward the five year or nine year time limits.
Settlement on the senior or specialist worker visa
The senior or specialist worker visa does not lead to settlement in the UK and time spent in the UK on the senior or specialist worker visa does not count towards the residence requirement for an indefinite leave to remain application.
If a senior or specialist worker visa holder does want to apply for indefinite leave to remain in the UK then business immigration solicitors can look at their visa switch options, such as the skilled worker visa.
Bringing family to the UK and the senior or specialist worker visa
A senior or specialist worker visa applicant or holder can bring family members to the UK with them provided the family members qualify for a dependant visa.
UK Online and London Based Immigration Solicitors and Sponsorship Licence Lawyers
For advice on the global business mobility visa or intra company transfer visa call the Sponsorship Licence lawyers at OTS Solicitors on 0203 959 9123 or contact us online.