Comprehensive Guidelines for Sponsorship Points under Aden & Co Solicitors

To qualify for sponsorship points under Aden & Co Solicitors, an applicant must hold a valid Certificate of Sponsorship (CoS) for their intended job. For the CoS to be deemed valid, it must meet the following requirements:

• Details of Sponsorship and Employment
  • Confirm the applicant’s name, sponsorship as a Senior or Specialist Worker, job details, salary, allowances (if applicable), and PAYE details for income tax and national insurance contributions through HMRC.
  • Include a specified job start date, which must fall within three months of the application submission.
  • Not have been utilized in a prior application that was approved or refused. However, it may be reused if the prior application was invalid, void, or withdrawn.
  • Remain active and not withdrawn by the sponsor or canceled by the Home Office.

• Additional Requirements

• • If the applicant is not classified as a high earner, the CoS must confirm that they have worked outside the UK for the sponsor group for the stipulated period (refer to SNR 5.7.(b)).
  • Indicate whether the Academic Technology Approval Scheme (ATAS) under Appendix ATAS applies.

• Sponsor Eligibility

• • The sponsor must be authorized by the Home Office to sponsor Senior or Specialist Workers and listed as A-rated on the official register of licensed sponsors. This condition is waived if the applicant is continuing employment with the same sponsor as their last permission.
  • The sponsor must fully pay the required Immigration Skills Charge.

• Assessment by Decision Makers
  Decision makers must not find reasonable grounds to believe that the job:

• • Does not exist, is a sham, or was created solely to facilitate the applicant’s visa application.
  • Involves hiring the applicant for a third party or for contract work in a routine role or service outside the sponsor group.

• Applicant’s Work History and Conditions

• • Applicants must currently be employed by the sponsor group.
  • If not classified as a high earner, they must have cumulatively worked outside the UK for the sponsor group for at least 12 months. This work can be accumulated over any period, provided:
    • Continuous employment with the sponsor group from the start of the 12-month period to the application date.
    • Interruptions in work were limited to statutory leave (e.g., maternity, paternity, adoption), illness, humanitarian or environmental crisis assistance (with sponsor agreement), or participation in organized industrial action.

Upon meeting these criteria, applicants are awarded 20 points for sponsorship under the UK immigration rules.

Criteria for Securing a Job at the Appropriate Skill Level

To qualify under the Global Business Mobility routes, the applicant must be sponsored for a job listed within the Appendix Skilled Occupations and deemed eligible for these routes, except where conditions under SNR 6.7 apply.

Key Requirements:

• The sponsoring organization must select an appropriate occupation code from the eligible list.
• The decision-maker must not have valid reasons to believe the sponsor has intentionally chosen an incorrect or less suitable occupation code. This includes scenarios where:
  • The most appropriate code is ineligible under the Global Business Mobility routes.
  • The most suitable occupation code demands a higher salary than the one being offered.

To evaluate compliance with SNR 6.2, the decision-maker will assess:

• Genuine Need: Whether the sponsor has a legitimate requirement for the job as described.
• Applicant Qualifications: Whether the applicant possesses the necessary skills, qualifications, and experience to perform the job effectively.
• Sponsor’s Compliance History: The sponsor’s adherence to immigration regulations, including proper compensation for sponsored employees.
• Additional Information: Any supplementary details provided by the sponsor.

If the job role requires an ATAS certificate as per Appendix ATAS, the applicant must submit a valid ATAS certificate.

Point Allocation:

• Applicants meeting these requirements will be awarded 20 points for securing a job at the appropriate skill level, provided they also fulfill SNR 6.6.
• Points for skill level will not be granted unless the applicant also earns 20 points for sponsorship under SNR 5.9.

Salary Requirements for Sponsored Jobs in the UK

To meet the eligibility criteria for sponsorship, the salary for the job must fulfill both of the following conditions:

• General Salary Threshold: The salary must align with the requirements outlined in SNR 8.1 and SNR 8.2 unless the exceptions in SNR 8.3 apply.
• Going Rate Requirement: The salary must also satisfy the going rate criteria specified in SNR 9.1 to SNR 9.3.

Inclusions for Salary Calculation
The salary considered for these requirements includes:

• Guaranteed Basic Gross Pay: This refers to the pre-tax earnings, encompassing employee pension and national insurance contributions.
• Guaranteed Allowances: These include allowances such as London weighting or mobility premiums, which are assured for the entire duration of employment or account for the higher cost of living in the UK.

Accommodation Allowance Cap
If allowances under SNR 7.2(b) are provided solely for accommodation purposes, only up to 30% of the total salary package will be considered eligible.

Exclusions from Salary Calculation
The following items are excluded from the salary calculation:

• Non-fixed pay elements such as fluctuating earnings due to flexible working arrangements.
• Additional earnings like shift pay, overtime, or bonuses, even if guaranteed.
• Employer contributions towards pensions or national insurance.
• Any allowances not specified under SNR 7.2(b).
• In-kind benefits like shares, health insurance, tuition fees, company-provided vehicles, or meals.
• One-time payments, including “golden hellos.”
• Payments for immigration-related costs, such as visa fees or the Immigration Health Charge.
• Reimbursements for business expenses, including travel, equipment, clothing, or subsistence costs.

Points Allocation for Salary
If the above conditions are met, the applicant will earn 20 points for meeting the salary requirement at the prescribed level, as per SNR 9.5. However, no points will be awarded for salary unless the applicant also secures 20 points for sponsorship under SNR 5.9.

General Salary Requirement
Applicants sponsored for roles within the occupation codes outlined in Table 1 of Appendix Skilled Occupations must meet a general salary threshold of £42,400 annually, except where specific conditions under SNR 8.3 apply.

For applicants working more than 48 hours per week, only the salary earned for the first 48 hours will contribute to meeting the general salary requirement. For instance, an individual working 60 hours weekly at a rate of £15 per hour will have their salary calculated as £37,440 per year (£15 × 48 × 52 weeks), rather than £46,800 (£15 × 60 × 52 weeks). This rule also applies under the transitional general salary criteria for Senior or Specialist Worker routes.

Going Rate Requirement
If an applicant is sponsored for a role listed in Table 1 of Appendix Skilled Occupations, their salary must meet 100% of the pro-rated going rate, which is calculated using the formula:

1 × (Going Rate for the Occupation Code) × (Weekly Working Hours ÷ 39)

For roles within health or education occupation codes (Table 2 of Appendix Skilled Occupations), the salary must also meet 100% of the pro-rated going rate, factoring in both the weekly working hours specified by the sponsor and the pro-rating criteria from Appendix Skilled Occupations.

Unlike the general salary requirement, the full weekly hours worked by the applicant will be considered when comparing their salary to the going rate, even if they exceed 48 hours per week. For example, an individual working 60 hours weekly in a role with a going rate of £39,000 annually must be paid at least £60,000 annually (£39,000 × 60 ÷ 39), not £48,000 (£39,000 × 48 ÷ 39).

Financial Requirement
Applicants seeking permission to stay in the UK must meet specific financial criteria based on their duration of stay at the time of application.

• For Applicants Residing in the UK for 12 Months or Longer
  Individuals who have lived in the UK with valid permission for at least 12 months by the date of their application automatically satisfy the financial requirement. They are not required to provide proof of funds.
• For Applicants Residing in the UK for Less Than 12 Months
  • The applicant must demonstrate they possess a minimum of £1,270, held consistently over a 28-day period as per the guidelines in Appendix Finance.
  • Alternatively, the applicant’s A-rated sponsor can confirm on the Certificate of Sponsorship (CoS) their commitment to maintaining and accommodating the applicant, if necessary, for up to the end of their first month of employment, ensuring support of at least £1,270.

Maximum Length of Assignments Requirement
The maximum cumulative duration for which an applicant can be granted permission under the Global Business Mobility and Intra-Company routes depends on their income status:

• For High Earners
  High earners are restricted to a cumulative maximum of 9 years within any 10-year period across these routes.
• For Non-High Earners
  Non-high earners cannot exceed a cumulative total of 5 years within any 6-year period.

When assessing the cumulative duration of permissions under SNR 11.1, SNR 11.2, and SNR 13.2, the following factors are included:

• All previous permissions granted under the Global Business Mobility and Intra-Company routes.
• Any permission granted as part of the current application:
  • Beginning from the start date of the job as stated on the CoS, if the applicant does not currently hold permission under the Global Business Mobility routes.
  • Starting from the date of decision, if the applicant is applying to extend their permission under the Global Business Mobility routes.
• Any extensions under section 3C of the Immigration Act 1971 for permissions related to these routes.

How Can Aden & Co Solicitors Assist You?

At Aden & Co Solicitors, our dedicated team of immigration experts provides exceptional legal advice and representation for immigration applications, ensuring a seamless process from start to finish. Our services are offered on a fixed-fee basis, covering every step of your application until the UKVI Home Office renders its decision. Here’s how we ensure your application meets all requirements:

• Comprehensive Advice on Requirements
  Our immigration specialists will provide tailored guidance on the specific criteria you must meet to ensure your application’s success.
• Document Guidance
  A detailed checklist of supporting documents will be prepared and emailed to you, ensuring all necessary evidence is accurately compiled.
• Document Review and Assessment
  Our team will meticulously evaluate your documents to confirm they align with the latest immigration regulations and requirements.
• Application Form Completion
  We’ll handle the accurate completion of all relevant application forms to minimize any risk of errors.
• Priority & Super Priority Application Submission
  When applicable, we’ll utilize Priority or Super Priority services to expedite the processing of your application.
• Biometric Appointment Scheduling
  After submitting your application online, we’ll arrange your biometric enrolment appointment at an application center.
• Detailed Legal Cover Letter
  A well-structured cover letter will be drafted by our solicitors to highlight how your application satisfies the legal requirements, supported by the provided documentation.
• Online Document Uploading
  Before your biometric appointment, our team will upload all supporting documents to the online portal for the Home Office’s consideration.
• Ongoing Case Management
  From initial submission to the final decision, we’ll handle all follow-up communications with the UKVI, ensuring a smooth process.

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

At Aden & Co Solicitors, we offer an extensive range of tailored one-off legal services to assist with UK visa and immigration applications. These services are ideal for clients who prefer selective assistance rather than opting for our full application support. By leveraging our one-off services, you can ensure your application meets all necessary requirements with expert guidance. Explore the specialized one-off legal services we provide: