Sponsorship Requirements for Senior or Specialist Workers

To secure a valid certificate of sponsorship, the applicant must meet several essential criteria, which include:

Valid Certificate of Sponsorship: The certificate must:

• Confirm the applicant’s full name and specify that they are being sponsored as a Senior or Specialist Worker.
• Provide detailed information about the job, salary, allowances (if applicable), and PAYE details, should HM Revenue and Customs (HMRC) require income tax and national insurance contributions to be paid via PAYE.
• Include a start date for the role, which must be within three months of the application date.
• Not have been used in any previous application that was either granted or refused. It may have been used in a previous application that was invalid, void, or withdrawn.
• Not have been withdrawn by the sponsor or cancelled by the Home Office.
• Confirm that the applicant has worked outside the UK for the sponsor group, unless the applicant qualifies as a high earner as outlined in SNR 5.7.(b).
• State whether the Academic Technology Approval Scheme (ATAS) applies.

Authorized Sponsor: The sponsor must be authorised by the Home Office and listed as an A-rated sponsor on the Home Office’s register of licensed sponsors. This is necessary unless the applicant is applying to continue their employment with the same sponsor as their last permission.

Immigration Skills Charge: The sponsor must have fully paid any required Immigration Skills Charge.

Job Authenticity: The decision maker must be satisfied that the job being offered to the applicant:

• Truly exists and is not a sham.
• Has not been created solely for the purpose of the applicant gaining entry clearance or permission to stay.
• Does not involve hiring the applicant for a third party to fill a position, whether temporary or permanent.
• Is not contract work to undertake a routine role or provide an ongoing service for a third party.

Eligibility for Senior or Specialist Worker Visa: The applicant must:

• Be currently employed by the sponsor group.
• Unless applying as a high earner, have worked outside the UK for the sponsor group for at least 12 cumulative months.
• The 12 months of work must be continuous, with any breaks only for specific reasons, such as maternity, paternity, parental or shared parental leave, statutory adoption leave, sick leave, assisting with humanitarian or environmental crises (with the sponsor’s agreement), or participating in legally organised industrial action.

If the applicant meets the above criteria, they will be awarded 20 points for sponsorship.

Points For Job At Appropriate Skill Level

For a job at the appropriate skill level, the applicant must be sponsored for a role that falls within an occupation code listed in the Appendix Skilled Occupations, which is deemed eligible under the Global Business Mobility routes, unless the conditions specified in SNR 6.7. are met.

The sponsor is required to select the correct occupation code, and the decision-maker must have no reasonable grounds to believe that the sponsor has selected an inappropriate occupation code. This could be due to the following reasons:

• The most suitable occupation code is not eligible under the Global Business Mobility routes.
• The most suitable occupation code offers a higher going rate than the proposed salary.

To assess the requirements set out in SNR 6.2, the decision-maker may particularly consider the following factors:

• Whether the sponsor has demonstrated a genuine requirement for the job as outlined.
• Whether the applicant possesses the necessary skills, qualifications, and experience for the role as described.
• The sponsor’s compliance history with immigration regulations, including ensuring appropriate compensation for sponsored workers.
• Any additional information provided by the sponsor.

In cases where the ATAS requirement in Appendix ATAS applies, the applicant must provide a valid ATAS certificate.

When all of the above criteria are satisfied, the applicant will be awarded 20 points for a role at the appropriate skill level, in line with SNR 6.6. However, no points will be granted for a job at the appropriate skill level if the applicant has not also been awarded 20 points for sponsorship under SNR 5.9.

Points For Salary

When an applicant is sponsored for employment, the salary offered must meet or exceed both of the following criteria:

• The general salary requirement set out in SNR 8.1 and SNR 8.2, unless the conditions outlined in SNR 8.3 apply.
• The “going rate” salary requirement specified in SNR 9.1 to SNR 9.3.

Salary under these guidelines is defined as:

• Guaranteed basic gross pay, before income tax, including employee pension contributions and national insurance contributions.
• Allowances that are guaranteed for the duration of the applicant’s employment in the UK. This includes payments such as London weighting or mobility premiums meant to cover the additional cost of living.

However, allowances specifically for accommodation purposes, as outlined in SNR 7.2.(b), will only be considered if they account for no more than 30% of the total salary package.

Salary excludes various other forms of pay and benefits, including:

• Flexible working arrangements where working hours are inconsistent, and pay cannot be guaranteed.
• Additional payments such as shift premiums, overtime, or bonuses (whether guaranteed or not).
• Employer contributions to pensions or national insurance.
• Allowances not specified under SNR 7.2.(b).
• In-kind benefits like equity shares, health insurance, school or university fees, company cars, or food.
• One-time payments such as ‘golden hellos’.
• Immigration-related costs, including the immigration fee or health charge.
• Business-related expenses, such as travel to and from the applicant’s country of residence, equipment, clothing, or subsistence.

If the salary meets the above criteria, the applicant will be awarded 20 points for salary, subject to the conditions in SNR 9.5. It’s important to note that no points will be awarded for salary unless the applicant also qualifies for 20 points for sponsorship under SNR 5.9.

General Salary Requirement for Sponsored Applicants
Applicants being sponsored for a role within one of the occupation codes specified in Table 1 of Appendix Skilled Occupations must meet a general salary requirement of £42,400 per year, unless they qualify under the criteria outlined in SNR 8.3.

In cases where the applicant is being sponsored to work beyond 48 hours per week, only the salary corresponding to the first 48 hours of work will be considered when evaluating the general salary requirement. For instance, an applicant working 60 hours a week at £15 per hour will be assessed based on an annual salary of £37,440 (£15 x 48 hours x 52 weeks), rather than £46,800 (£15 x 60 hours x 52 weeks). This adjustment applies to the transitional general salary requirement for Senior or Specialist Workers.

Going Rate Requirement for Sponsored Occupations
For applicants being sponsored in roles under the occupation codes listed in Table 1 of Appendix Skilled Occupations, the going rate requirement is set at 100% of the pro-rated going rate. The pro-rated calculation is as follows:
1 x (the going rate for the occupation code specified in Table 1 of Appendix Skilled Occupations) x (the weekly working hours indicated by the sponsor ÷ 39).

For applicants sponsored within health or education occupation codes, as outlined in Table 2 of Appendix Skilled Occupations, the going rate is similarly based on 100% of the pro-rated rate. This rate will be adjusted according to the number of hours the applicant is contracted to work, as per the pro-rating rules in Appendix Skilled Occupations.

When assessing the salary against the going rate, the full weekly hours worked will be considered, even if the applicant exceeds 48 hours per week. For example, an applicant working 60 hours weekly in a job with a going rate of £39,000 must be compensated £60,000 annually (1 x £39,000 x 60 ÷ 39), instead of £48,000 (1 x £39,000 x 48 ÷ 39).

Financial Requirement for Applicants in the UK
Applicants who are applying for permission to remain in the UK and have held permission for 12 months or more at the time of application will automatically satisfy the financial requirement and will not need to provide evidence of funds.

For those who have resided in the UK for less than 12 months at the time of their application, they must either:

• Demonstrate they possess a minimum of £1,270 in funds, maintaining this amount for a continuous 28-day period as specified in Appendix Finance; or
• Have their A-rated sponsor confirm on the Certificate of Sponsorship that they will, if necessary, support and accommodate the applicant financially up to the end of their first month of employment, with a minimum of £1,270.

Maximum Duration for Assignments

When applying as a high earner, the grant of permission must not result in a cumulative total exceeding 9 years in any 10-year period on the Global Business Mobility and Intra-Company routes.

For applicants who are not high earners, the cumulative total must not surpass 5 years within a 6-year period on the same routes.

When calculating the total period of permission, as specified in SNR 11.1, SNR 11.2, and SNR 13.2, the following should be taken into account:

• All previous periods of permission granted under the Global Business Mobility routes.
• All prior periods of permission granted under the Intra-Company routes.
• If the applicant does not currently hold permission under the Global Business Mobility routes, any permission they could receive under the current application, beginning on the start date of the job outlined in the Certificate of Sponsorship.
• If the applicant is seeking permission to stay and has, or last held, permission under the Global Business Mobility routes, any permission they could receive under the current application, beginning from the date of the decision.
• Any extension of permission under the Global Business Mobility routes and the Intra-Company routes under section 3C of the Immigration Act 1971.

How Aden & Co Solicitors Can Assist You

Our team of highly experienced immigration solicitors at Aden & Co Solicitors provides professional legal guidance and representation on a fixed-fee basis for your application. The fixed fee we offer covers all necessary work related to your immigration application until a decision is reached by the Home Office UKVI. Our comprehensive services include:

• Advising on Requirements: Our expert immigration solicitors will provide advice on the criteria you must meet for a successful application.
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