If you are an overseas Senior or Specialist Worker planning to undertake a temporary work assignment in the UK with a business affiliated with your overseas employer, you may be eligible to apply for entry clearance under the Senior or Specialist Worker Visa route. This category, often referred to as an intra-company transfer (ICT), is governed by the provisions outlined in Appendix Global Business Mobility Routes of the UK Immigration Rules.

The Global Business Mobility – Senior or Specialist Worker visa does not directly lead to settlement or Indefinite Leave to Remain (ILR). However, individuals holding this visa have the option to transition to other visa categories that facilitate ILR eligibility. For instance, one can switch from the Senior or Specialist Worker visa to the Skilled Worker visa while residing in the UK, which provides a pathway to permanent residency.

At Aden & Co Solicitors, we specialize in UK immigration law, offering unparalleled expertise and tailored solutions. Our team of highly qualified and experienced immigration solicitors in London is committed to delivering exceptional legal services, as reflected by our outstanding 5-star Google Reviews from satisfied clients.

We provide comprehensive immigration advice and representation on a fixed-fee basis for entry clearance applications under the Senior or Specialist Worker Visa route. Whether you require free initial online advice or an in-depth consultation, our dedicated team is here to assist you at every stage of your application process.

Contact us today for professional assistance with your UK Senior or Specialist Worker Visa entry clearance application.

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Requirements for Entry Clearance for Senior or Specialist Worker Visa UK

To ensure a successful application for entry clearance as a Senior or Specialist Worker under UK immigration law, applicants must fulfill several key requirements as outlined below:

Valid Entry Clearance Application
Applicants must submit a complete and valid entry clearance application in line with the specific guidelines set forth for Senior or Specialist Worker visas. This must be in accordance with the legal stipulations for a proper application.

Valid Certificate of Sponsorship (CoS)
A valid Certificate of Sponsorship (CoS) issued by the sponsoring employer is a prerequisite for the application. The CoS must be dated no more than three months before the application submission.

Age Requirement
Applicants must be at least 18 years of age on the date of their application to be eligible for consideration.

Suitability Requirements
The applicant must not be subject to any grounds for refusal as specified under Part 9 of the immigration rules, which outlines the grounds for refusal of an application.

Tuberculosis Test Certificate
If applicable under paragraph A39 and Appendix T of the rules, applicants must provide a valid tuberculosis test certificate. This certificate must confirm that the applicant has undergone screening for active pulmonary tuberculosis and that no evidence of the condition has been found.

Points Requirements for Senior or Specialist Worker Visa

For an individual to be eligible for a Senior or Specialist Worker visa, they must accumulate a total of 60 points, as outlined in the table below. These points are awarded based on specific criteria, as per the relevant immigration rules. Aden & Co Solicitors can assist you with navigating the complexities of this process to ensure compliance with the latest regulations.

Sponsorship Requirements for Senior or Specialist Worker Visa

To secure sponsorship for a Senior or Specialist Worker visa, the applicant must possess a valid Certificate of Sponsorship (CoS), which must meet the following criteria:

• The CoS should clearly specify the applicant’s name, confirm their sponsorship as a Senior or Specialist Worker, and outline the job details, salary, any applicable allowances offered by the sponsor, and PAYE information if required by HM Revenue and Customs (HMRC) for income tax and national insurance contributions.
• The start date of the job, as provided by the sponsor, must not exceed three months from the application submission date.
• The CoS cannot have been used in a previous application, whether granted or refused, although it may have been used in a rejected, invalid, or withdrawn application.
• It should not be withdrawn by the sponsor or cancelled by the Home Office.
• Unless the applicant is classified as a high earner, the CoS must confirm that the applicant has previously worked for the sponsor group outside the UK for the period stipulated in SNR 5.7.(b).
• The CoS must also confirm whether the Academic Technology Approval Scheme (ATAS) requirement, as per Appendix ATAS, applies.

Sponsor Requirements:

The sponsor must be authorised by the Home Office to sponsor a Senior or Specialist Worker and listed as A-rated on the Home Office’s register of licensed sponsors. However, if the applicant was previously granted permission as a Senior or Specialist Worker and is applying to continue with the same sponsor, this requirement does not apply.

The sponsor must also have paid the necessary Immigration Skills Charge in full.

Job Criteria:

The Home Office decision-maker must not have reasonable grounds to believe that the role the applicant is being sponsored for:

• Does not exist.
• Is a sham.
• Was created solely to facilitate the applicant’s visa application.

Additionally, the role cannot involve hiring the applicant to work for a third party who is not the sponsor, whether for temporary or permanent positions. Contract work for an ongoing role or service with a third party is also prohibited, irrespective of any arrangement between the sponsor and the third party.

Applicant Requirements:

To qualify as a Senior or Specialist Worker, the applicant must:

• Be currently employed by the sponsor group.
• If not applying as a high earner, have worked outside the UK for the sponsor group for at least 12 cumulative months.

According to SNR 5.7.(b) of Appendix Global Business Mobility Routes, the 12 months of work outside the UK can be accumulated over any period, as long as:

• The applicant has continuously worked for the sponsor group, either in the UK or abroad, from the start of the 12-month period to the application date.
• Any breaks in this continuous employment were due to:
  • Statutory maternity, paternity, parental, or shared parental leave.
  • Statutory adoption leave.
  • Sick leave.
  • Assistance with a national or international humanitarian or environmental crisis, with the sponsor’s consent.
  • Participation in legally organised industrial action.

If all these conditions are met, the applicant will be awarded 20 points for sponsorship.

Job at Appropriate Skill Level – Aden & Co Solicitors

To be eligible for the Global Business Mobility routes, the applicant must be sponsored for a position in an occupation code listed in the Appendix of Skilled Occupations, unless the conditions outlined in SNR 6.7 of the Appendix Global Business Mobility Routes are fulfilled.

The sponsor must select the correct occupation code, ensuring it aligns with the requirements for the Global Business Mobility routes. The decision maker must not have reasonable grounds to believe that the sponsor has chosen a less suitable occupation code, for reasons such as:

• The selected occupation code is not eligible for the Global Business Mobility routes.
• The occupation code chosen has a higher salary threshold than the proposed salary for the applicant.

In evaluating the sponsor’s application under SNR 6.2 of the Appendix Global Business Mobility Routes, the decision maker will take into account:

• Whether the sponsor has demonstrated a legitimate need for the job position as outlined.
• Whether the applicant possesses the necessary skills, qualifications, and experience to perform the job effectively.
• The sponsor’s compliance history with immigration regulations, including ensuring fair compensation for their sponsored employees.
• Any additional relevant information provided by the sponsor.

Should the ATAS requirement in Appendix ATAS be applicable, the applicant must submit a valid ATAS certificate.

If all the above criteria are met, the applicant will receive 20 points for securing a job at the appropriate skill level, in accordance with SNR 6.6. However, no points will be granted for a job at the appropriate skill level if the applicant does not also qualify for 20 points for sponsorship under SNR 5.9.

Salary Requirements for Sponsored Applicants: An SEO Optimized Guide

To meet the salary criteria for the position for which the applicant is being sponsored, the salary must satisfy two key conditions:

• It must meet or exceed the general salary requirements specified in SNR 8.1 and SNR 8.2, unless the conditions in SNR 8.3 apply.
• It must comply with the going rate requirement outlined in SNR 9.1 through SNR 9.3.

Eligible Salary Components: The salary, under these guidelines, includes only the following components:

• Guaranteed basic gross pay (before tax, including employee pension and national insurance contributions).
• Allowances that are guaranteed for the duration of the applicant’s employment in the UK. These may include mobility premiums, London weighting, or allowances intended to cover the additional cost of living.

However, allowances specifically allocated for accommodation, as per SNR 7.2.(b), will be considered up to a limit of 30% of the total salary package.

Excluded Pay and Benefits: The following types of pay and benefits are not considered when assessing salary for the purposes of this sponsorship:

• Flexible working arrangements where the job’s fluctuating hours prevent the guarantee of pay.
• Additional pay such as overtime, shift pay, or bonuses, whether guaranteed or not.
• Employer pension contributions and national insurance contributions.
• Any allowances not specifically outlined in SNR 7.2.(b).
• In-kind benefits, such as equity shares, company cars, school/university fees, health insurance, or meals.
• One-off payments, such as “golden hellos.”
• Payments for immigration costs, such as visa fees or the Immigration Health Charge.
• Business-related expenses, including travel to and from the applicant’s home country, equipment, clothing, or subsistence.

Points Awarded for Salary: If the salary conditions outlined above are met, the applicant will be awarded 20 points for salary at the required level, subject to the provisions in SNR 9.5. It is important to note that no points will be awarded for salary unless the applicant also qualifies for 20 points for sponsorship as per SNR 5.9.

General Salary Requirement for Senior or Specialist Workers
For applicants sponsored under an occupation code from Table 1 of Appendix Skilled Occupations, the general salary threshold is set at £42,400 annually, unless the specific conditions outlined in SNR 8.3 are met.

When an applicant is sponsored to work over 48 hours per week, only the salary for the first 48 hours will contribute to meeting the general salary requirement. For instance, if an applicant works 60 hours per week at £15 per hour, the considered annual salary will be £37,440 (£15 x 48 x 52), not £46,800 (£15 x 60 x 52).

Transitional Salary Requirement for Senior or Specialist Workers
The transitional salary rules also apply for those transitioning under the Senior or Specialist Worker visa.

Going Rate Requirement for Senior or Specialist Workers
For applicants sponsored under an occupation code in Table 1 of Appendix Skilled Occupations, the going rate requirement is calculated as 100% of the pro-rated going rate. This is determined by the following formula:
1 x (going rate for the occupation code from Table 1) x (the number of hours per week as per the sponsor’s specification ÷ 39).

In the case of applicants sponsored under health or education occupation codes from Table 2 of Appendix Skilled Occupations, the going rate requirement follows the same pro-rata adjustment based on weekly working hours.

The full weekly hours worked by the applicant are considered when verifying their salary against the going rate, even if they exceed 48 hours per week. For example, an applicant working 60 hours a week with a going rate of £39,000 must receive £60,000 annually (1 x £39,000 x 60 ÷ 39), rather than £48,000 (1 x £39,000 x 48 ÷ 39).

Financial Requirement for Senior or Specialist Workers
Applicants applying for entry clearance must meet one of the following financial conditions:

• They must have a minimum of £1,270 in funds, demonstrating that this amount has been held for at least 28 consecutive days, as outlined in Appendix Finance.
• Alternatively, the applicant’s A-rated sponsor must confirm on the Certificate of Sponsorship that they will provide maintenance and accommodation for the applicant, if necessary, up to the first month of employment, for a minimum amount of £1,270.

Maximum Assignment Length and Permission Requirements

For applicants applying as high earners, permission must not result in cumulative periods of stay exceeding 9 years within any 10-year period on the Global Business Mobility or Intra-Company routes.

For applicants who are not high earners, the total cumulative duration of permission granted on the Global Business Mobility and Intra-Company routes must not exceed 5 years within any 6-year period.

When calculating the total length of permission under SNR 11.1., SNR 11.2., and SNR 13.2., the following must be considered:

• All previous permissions granted under the Global Business Mobility routes
• All prior permissions granted under the Intra-Company routes
• Any permission that could be granted under the current application, starting from the job’s start date as stated on the Certificate of Sponsorship, if the applicant does not currently hold permission on the Global Business Mobility routes
• If the applicant is applying for permission to remain and has, or has previously held, permission under the Global Business Mobility routes, any permission granted under the current application starting from the decision date
• Any periods of permission on the Global Business Mobility and Intra-Company routes that have been extended under section 3C of the Immigration Act 1971.

Priority Service for Senior or Specialist Worker Visa Entry Clearance

At Aden & Co Solicitors, we offer Priority and Super Priority Services for Senior or Specialist Worker visa entry clearance applications, ensuring your application is processed faster. Applications submitted through the Super Priority Service are typically decided within 24 hours, while those through the Priority Service are usually decided within 5 working days by the Entry Clearance Officer (ECO).

Our experienced team of Senior or Specialist Worker visa solicitors in London is committed to efficiently preparing and submitting your application, enabling faster decisions through our Priority and Super Priority services.

How We Can Assist You

At Aden & Co Solicitors, our experienced team of immigration lawyers provides expert legal advice and representation on a fixed-fee basis, guiding you through the entire immigration application process. Our fixed fee covers all legal work associated with your application until the Home Office UKVI reaches a decision. The services provided by our immigration solicitors include the following:

Immigration Requirements Consultation: Our expert solicitors will offer detailed advice on the eligibility criteria you must meet to ensure the success of your immigration application.

Document Guidance and Preparation: Our legal team will prepare and send you a comprehensive list of the supporting documents necessary for your application, ensuring you meet all requirements.

Document Review and Compliance Check: We will meticulously assess your documents to confirm they align with the immigration rules and requirements for a successful application.

Application Form Completion: Our immigration experts will accurately complete the relevant application form on your behalf, ensuring all necessary information is provided.

Priority and Super Priority Service Submission: Whenever feasible, we will submit your immigration application through the Priority or Super Priority Service to expedite the decision-making process.

Application Centre Appointment Scheduling: After your application is submitted online, our solicitors will arrange an appointment at the application centre for biometric enrolment.

Detailed Cover Letter Preparation: Our specialist immigration solicitors will draft a comprehensive cover letter that outlines all relevant legal requirements and explains how your application satisfies them, supported by the necessary documents.

Document Uploading: Prior to your biometrics appointment, we will upload all supporting documents to the online system, ensuring they are available for review.

Ongoing Follow-Up: Our team will handle all follow-up tasks until the Home Office UKVI has made a final decision on your immigration application.

One-Off Legal Services for UK Immigration Applications by Aden & Co Solicitors

At Aden & Co Solicitors, we offer a comprehensive selection of one-off legal services designed to assist with UK visa and immigration applications. These services are ideal for individuals seeking targeted legal support without committing to a full-service immigration package. Whether you need assistance with a specific aspect of your application or require professional advice, our one-off services provide tailored solutions to meet your needs. Explore the following one-off legal services available for UK immigration and visa applications:

Fixed Fees for Senior or Specialist Worker Visa Applications – Aden & Co Solicitors

At Aden & Co Solicitors, we offer transparent, fixed fees for employer-sponsored work visa applications. Our services are designed to guide you through the entire process, ensuring a smooth and efficient application experience. Below is a breakdown of our fixed fees for various visa services:

The final fixed fee is determined by the complexity of your application and the amount of casework involved. Please note that, in addition to our fixed fees, the applicant is responsible for the Home Office UKVI application fees.