The UK Senior and Specialist worker visa under Global Business Mobility route allows comanies to transfer senior or specialist employees to a UK branch on a temporary basis. Contact Visa and Migration for proper gudance and application process.
The UK Senior or Specialist Worker visa falls under the GBM (Global Business Mobility) category. The GBM routes are intended for overseas companies that need to temporarily assign employees to the UK to carry out specific roles that cannot be filled by a settled worker.
The Senior or Specialist Worker visa applies to overseas employees who are coming to the UK for short-term work assignments. Applicants must be senior managers or specialist staff and must be transferred to a UK business linked to their employer overseas. These assignments are commonly referred to as Intra-Company Transfers (ICT).
Dependants (partners and children) are permitted to apply for this route. However, this visa does not lead to indefinite leave to remain or permanent settlement in the UK.
This is a person (a senior manager or specialist employee) who is applying for, or has been granted, entry clearance to the UK or permission to stay here on the Senior or Specialist Worker route, or who the employer is sponsoring or intends to sponsor on the Senior or Specialist Worker route. The employer here is a UK business linked to an overseas company.
The sponsoring organisation in the UK, in order to assign a person as a Senior or Specialist Worker, must be linked to an overseas business by common ownership or control or by a joint venture agreement.
The applicant applying to obtain entry clearance to the UK or permission to stay here on the Senior or Specialist Worker route must apply online on gov.uk using the specified application form.
Applicants applying from outside the UK will have to apply using the “Global Business Mobility visa” form, and applicants applying from inside the UK will have to apply using the form “Global Business Mobility”.
An application for obtaining entry clearance to the UK or permission to stay here on the Senior or Specialist Worker route must fulfil all the following requirements:
The applicant must be 18 or over at the time of their application.
Any visa application fee and IHS (Immigration Health Surcharge) must have been paid;
The applicant must have enrolled their biometric information when required.
The applicant must have given a valid passport/other travel document to establish their nationality and identity.
If the applicant is making a sponsored application, they must have a CoS (Certificate of Sponsorship) issued to them no more than 3 months before the date of their application;
If the applicant for this route has, in the last 12 months prior to the date of their application, received an award from an International Scholarship agency or Government covering their fees as well as living costs for study in the UK, they must submit written consent to the application from that agency or Government.
The person applying for permission to stay as a Senior or Specialist Worker must, on the date of application, be in the UK.
A person cannot apply to switch to the GBM – Senior or Specialist Worker visa if they are currently in the UK on:
A UK visitor visa
A UK short-term student visa
A UK Parent of a Child Student visa
A UK Seasonal Worker visa
A UK domestic worker in a private household visa
Outside the Immigration Rules.
Anyone in the UK with one of the above visas must leave the UK and apply for a UK Senior or Specialist Worker visa from abroad.
The person who is applying for permission to stay and currently has, or last had, permission as a student, must satisfy one of the conditions below when they apply:
(a) They must have completed the course of study for which they were assigned CAS (Confirmation of Acceptance for Studies) or a course to which Appendix Student – Paragraph ST 27.3 applies; or
(b) They must have completed at least 24 months of study on their full-time course with a HEP (Higher Education Provider) if the course was leading to a PhD award
Any application that does not satisfy all the validity criteria (listed above) as a GBM – Senior or Specialist Worker may be rejected as invalid and not considered.
The applicant must not fall for refusal under the Immigration Rules - Part Suitability.
Those applying for permission to stay must not be:
(a) in breach of UK immigration laws, except that where the section called “Exceptions for overstayers” under the Immigration Rules - Part Suitability applies; or
(b) on immigration bail.
The applicant seeking permission to come to the UK as a Senior or Specialist Worker must apply for and obtain entry clearance before arriving in the UK.
Further, the applicant will be required to get a CoS (Certificate of Sponsorship) from their employer, have worked for their employer overseas, have been assigned to do an eligible job, and be paid the minimum eligible salary level required for their job.
For an entry clearance or permission to stay application, the UKVI must be satisfied that the applicant genuinely intends to undertake the role described on the CoS (Certificate of Sponsorship) and is capable of undertaking this role described on the CoS.
The applicant must also have no intention to undertake employment other than in the role their sponsor is sponsoring them for, or as otherwise permitted within the conditions of the grant.
On the other hand, the applicant will not be awarded 20 points for sponsorship if the decision makers have reasonable grounds to believe that the job role they are being sponsored for does not exist, is a sham, or has been created primarily so the worker can apply for this route.
Applicants who have been assigned a CoS for a role that is not genuine will have their application refused, and it is also likely that the employer’s sponsor licence may be revoked.
The applicant must have £1,270 or more (held for a 28-day period) on the date of application, or their sponsor must confirm on the CoS that they will, if it is necessary, maintain and accommodate the applicant for the first month of their employment for the amount of £1,270 or more.
Those who, on the day they apply, have been residing in the UK with a valid UK visa for at least 12 months are not required to show proof of this fund.
Compliance with the NMW (National Minimum Wage) and the Working Time Regulations
The job role for which the Senior or Specialist worker is being sponsored must comply with the National Minimum Wage Regulations 2015 as well as the Working Time Regulations 1998 to the extent either of these regulations applies.
Any application seeking entry clearance or permission to stay on the Senior or Specialist Worker route may be refused where the decision maker has reasonable grounds to believe the role does not comply with the National Minimum Wage Regulations and/or the Working Time Regulations.
They will also consider revoking the employer’s sponsor licence if they find the employer is breaching these regulations.
The applicant must have obtained a CoS (Certificate of Sponsorship) from their employer, who must be a licensed and A-rated sponsor, unless they were last given permission on the Senior or Specialist Worker route, and are applying to continue working for the same sponsor as in their last permission.
The CoS must confirm the applicant’s name, their job details, salary offered to them, PAYE details, and other details.
A CoS stays valid for 3 months starting from the date it is assigned to the applicant.
Length of time the applicant needs to have worked for their employer outside the UK
If the Senior or Specialist Worker visa applicant’s gross annual salary is less than £73,900 a year (based on working a maximum of 48 hours a week) as confirmed by their sponsor, they must have worked for their employer outside the UK for a minimum of 12 months. However, those earning £73,900 or more a year do not have to meet any 'minimum time worked for their employer outside the UK' requirement.
If a person previously had an ICT (Intra-company Transfer) visa or a Tier 2 (Intra-company Transfer) Long-term Staff visa
The occupations listed below are no longer a part of the list of eligible occupations for this visa:
• 3411: Artists
• 3412: Authors, writers, and translators
• 3413: Actors, entertainers, and presenters
• 3414: Dancers and choreographers
• 3422: Product, clothing, and related designers
Those already sponsored in one of these occupation codes can continue working in their job until their visa expires. They can also extend their visa to continue working in the exact same job.
Those not wanting to continue working in one of the occupations above can switch jobs if it is on the list of eligible occupations.
Someone whose job changes must apply to update their visa.
The applicant must be paid no less than £52,500 or the specified ‘going rate’ for their occupation - whichever is higher.
One can check the going rate for their job in the going rates table.
If a person had a Tier 2 (Intra-company Transfer) Long-term Staff visa before 6 April 2011
No general salary requirement applies to people who have been in the UK since 6 April 2011 on any of the following visas:
• Tier 2 (Intra-company Transfer) Long-term Staff visa
• ICT (Intra-company Transfer) visa
• GBM - Senior or Specialist Worker visa
They, however, must still be paid the ‘going rate’ for their job.
The applicant will be required to provide:
Their CoS reference number – this will be given by their sponsor
Their occupation's code, job title, and annual salary
Their employer’s name and sponsor licence number, which will be mentioned on their CoS
Their valid passport or other travel document showing their identity and nationality
Evidence such as bank statements that show the applicant has sufficient savings to support themselves in the UK
Proof of their TB (Tuberculosis) test results if they are from a country where they have to take this test
The applicant may be required to submit a valid ATAS (Academic Technology Approval Scheme) certificate if their employer tells them that they need one because their job involves researching a sensitive subject at PhD level or higher
If the applicant’s annual gross salary is less than £73,900, they might be asked to show evidence that they have worked for their employer outside the UK for 12 months or more. For example, printed payslips, online payslips supported by a letter from their sponsor and signed by a senior staff member, a building society passbook, or bank or building society statements
The UKVI may ask the applicant to provide additional documents.
Any documents not in English or Welsh must be submitted with a certified translation.
The applicant must apply online, and no more than 3 months before the day they are due to start work in the UK. This date is listed on their CoS (Certificate of Sponsorship).
They will have to prove their identity as part of their Senior or Specialist Worker visa application. Depending on where they are from and what type of passport they hold they will have their biometric information (fingerprints and facial photograph) taken at a VAC (Visa Application Centre) or they can use the ‘UK Immigration: ID Check’ app to scan their identity document – they will also create their UKVI (UK Visas and Immigration) account or sign into their existing UKVI account.
On the appointment date, the applicant will need to carry their passport to the VAC. They will be able to collect it the same day.
The applicant will need to pay the visa application fee of £769 if applying to stay in the UK for up to 3 years and £1,519 if applying for more than 3 years, plus an immigration health charge, which is usually £1,035 per year.
The applicant can upload their documents along with their online application or have them scanned at the VAC (if attending an appointment to enrol their biometrics).
The applicant must apply online from within the UK before their current UK visa expires.
They will have to prove their identity as part of their visa application. Depending on where they are from and what type of passport they hold they will have their biometric information (fingerprints and facial photograph) taken at a UKVCAS (UK Visa and Citizenship Application Service) service point or they can use the ‘UK Immigration: ID Check’ app to scan their identity document – they will also create their UKVI (UK Visas and Immigration) account or sign into their existing UKVI account.
On the appointment date, if applicable, the applicant will need to carry their passport to the UKVCAS. They will be able to collect it the same day.
The applicant will need to pay the visa application fee of £885 if applying for permission up to 3 years and £1,751 for permission for more than 3 years, plus an immigration health charge, which is usually £1,035 per year.
The applicant can upload their documents along with their online application or have them scanned at the UKVCAS (if attending an appointment to enrol their biometrics).
After having applied online, proving identity, and providing the documents, the applicant will normally get a decision on their application for entry clearance within 3 weeks, and those who have applied for permission to stay on this route will normally get a decision within 8 weeks.
If the application is complex and will take longer, they will be contacted, for example, because:
UKVI needs to verify the documents of the applicant
The applicant is required to attend an interview
Of the applicant’s personal circumstances (for example, if they have a criminal conviction)
If the decision maker is completely satisfied that the applicant has fulfilled all the suitability and eligibility criteria for the Senior or Specialist Worker route, the application will be approved; otherwise, the application will be refused.
With a Senior or Specialist Worker visa, a person is permitted to stay in the UK for 5 years or the time given on their CoS plus 14 days, whichever is shorter.
The maximum total stay in the UK allowed for a Senior and Specialist Worker visa is:
5 years in any 6-year period if the person is paid a gross annual salary of less than £73,900
9 years in any 10-year period if the person is paid a gross annual salary of £73,900 or more
They can stay in the UK for as long as their employer is sponsoring them if they have been in the UK on any of the following visas since 6 April 2011:
Tier 2 (Intra-company Transfer) Long-term Staff visa
GBM - Senior or Specialist Worker visa
There is no maximum stay.
If eligible, the lead applicant’s partner (husband/wife or civil partner) and children (aged under 18 - including if they were born in the UK during the worker’s stay in the UK or children aged over 18 if they currently have permission (‘leave to enter’ or ‘remain’) to be in the UK as the lead applicant’s dependant), can apply to join them (entry clearance) or stay (permission to stay) in the UK as their ‘dependants’.
The lead applicant must give documentary evidence of their relationship with their dependent partner and dependent children. For example, a marriage/civil partnership certificate for the partner and a birth certificate for a child.
Once the visa application as a dependent partner and dependent child is approved, their visa will usually end on the same date as the primary applicant. A child’s visa will end on the earlier date if their parents' visa expiry dates are different.
The partner and children applying as dependents must also have a required amount of money to support themselves in the UK.
The applicant - or their partner or child - will need:
£285 for their partner
£315 for one child
£200 for each additional child
Our expert business immigration lawyers have a proven track record in helping businesses and skilled overseas workers across several industries. If you are a business, our lawyers can help you with ensuring that you are an eligible organisation for the Senior Specialist Worker route, applying for and obtaining a sponsor licence for employing/sponsoring a overseas worker on this route, and if you are already an approved sponsor, we make sure that you offer and eligible job at the required skill level, pay the required salary, conduct the right-to-work check before starting the employment, and fulfil your other sponsor duties before, during, and after sponsoring a Senior or Specialist Worker to maintain your sponsor status and ability to assign further CoSs.
On the other hand, if you are an applicant, we help you in assessing and ensuring you fulfil the eligibility and suitability requirements for this visa (for entry clearance, switch, update or extend), have a valid CoS, will be paid the required salary, make a valid application, provide the necessary documents, and ensure that any visa refusal is handled appropriately.
For expert advice and queries, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com
This is a UK visa under the Global Business Mobility umbrella for overseas nationals being assigned to the UK to undertake assignments on a temporary basis for a UK business linked to their employer overseas.
This visa is designed for senior managers or specialist employees working for overseas companies with a linked UK entity.
Yes, this visa replaced the former ICT visa and serves a similar purpose.
The applicant must be paid no less than £52,500 or the specified ‘going rate’ for their occupation - whichever is higher.
A person with a gross annual salary of less than £73,900 can stay up to 5 years in any 6-year period, and those with a gross annual salary of £73,900 or more may be allowed to stay up to 9 years in any 10-year period.
If your job changes to a different occupation code.
No, you will need a new sponsor and a visa application.
Yes, you can bring your partner and/or children on this route.
No, they will need to apply to update. If they do not do so, their visa will be valid until its original expiry date.
Usually, it takes about 3 weeks after the application submission from outside the UK and 8 weeks after the submission from within the UK.
Yes, you may get a faster decision by using ‘priority’ service.
No, you must not travel outside of the UK before you get a decision. Doing so will result in your application being withdrawn.
You can apply for an administrative review.
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