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Scale-up Visa Route

The Scale-up Visa Route opened up to businesses on 22^nd August 2022…

The Scale-up Visa Route opened up to business on 22^nd August 2022. In comparison to the Skilled Worker Route and the Global Business Mobility Senior or Specialist Worker Route, the Scale-up Route offers businesses a more flexible work visa.

Unlike other sponsored routes, employers sponsoring workers under the Scale-up route need only confirm that an applicant will work for them for at least the initial six months of their visa. After this period, the immigration status of Scale-up visa holders is not tied to their sponsoring employer. This means that Scale-up workers can undertake additional or alternative work (including employment, self-employment and voluntary work) without being sponsored.

Scale-up workers also have the flexibility to remain without sponsorship after 2 years based on previous PAYE earnings, settle in the UK after 5 years and be joined or accompanied by a dependent partner and dependent children.

Scale-up sponsors are also not required to pay the Immigration Skills Charge.

This flexibility should enable UK businesses to compete more effectively for the internationally sought-after and highly skilled workers they need.

Is My Business Eligible for a Scale-up Sponsor Licence

The Scale-up visa route is open to existing UK businesses that hold a Scale-up sponsor licence issued by the Home Office.

Businesses will be eligible for a Scale-up sponsor licence if they meet the published definition of a scale-up, which can be verified through checks with HMRC.

Qualifying scale-up businesses must be VAT-registered, and should have:

an annual average revenue or employment growth rate over a 3-year period greater than 20%; and
a minimum of 10 employees at the start of the 3-year period.

Once your business has been authorised by the Home Office as an A-rated Scale-up sponsor, you will be able to assign a Certificate of Sponsorship. A Certificate of Sponsorship (‘CoS’) is an electronic certificate which must be assigned for each migrant worker who wishes to apply for a Scale-up visa.

If you have any questions about the process or would like to make an application, please contact our specialist immigration team on 0203 761 3993 or use our online contact form for a first consultation. We only charge you if you decide to become our client and if we can assist you.

What Are the Requirements for a Scale-up Visa for an Employee

In addition to having a valid Certificate of Sponsorship from an A-rated Scale-up sponsor, Scale-up visa applicants must also satisfy skill level, salary, English language and financial requirements.

Scale-up Visa Skill Level Requirement

The job you offer will need to be a graduate level role (skilled to at least RQF level 6).

This is higher than the Skilled Worker route, where the role must be skilled to at least RQF level 3 (roughly equivalent to A-levels), but the same as the skill level under the Global Business Mobility Senior or Specialist Worker route.

Eligible occupations are listed in Appendix Skilled Occupations of the Immigration Rules.

As with other sponsored routes, Scale-up visa applicants will need to satisfy the Home Office that they are being sponsored to fill a genuine vacancy.

Scale-up Visa Salary Requirement

The salary that you intend to pay the Scale-up worker must equal or exceed £33,000 per year (which is higher than the £25,600 per year general salary threshold under the Skilled Worker route), the ‘going rate’ for the job and £10.58 per hour.

The applicable ‘going rate’ for each eligible Scale-up Visa occupation is set out in Appendix Skilled Occupations.

The assessment of salary is based on guaranteed basic gross pay (up to 48 hours per week) and cannot include any other pay or benefits.

Scale-up Visa English Language Requirement

The Scale-up visa applicant will need to demonstrate English language ability on the Common European Framework of Reference for Languages in all 4 components (reading, writing, speaking and listening) to at least level B1 (intermediate).

Scale-up Visa Financial Requirement

The Scale-up visa applicant will also need to have cash funds of at least £1,270 available, held for at least 28 consecutive days ending not more than 31 days before the date of their Scale-up visa application. This requirement will be met if you, as the sponsoring employer, are willing to certify that you will meet the applicant’s maintenance costs up to the end of their first month of employment.

What Are the Processing Times for a Scale-up Sponsor Licence Application/Scale Visa Application?

What are the Processing Times for a Scale-up Sponsor Licence Application /Scale-up Visa Applications typically take up to 8 weeks to be decided by the Home Office. There is a priority service which costs £500.00, and will return a decision within 10 working days.

Scale-up visa applications are normally decided within 3 weeks for those outside the UK, or within 8 weeks for those inside the UK.

What Are the Requirements for a Scale-up Worker to Extend Their Stay in the UK?

Sponsored Scale-up workers are granted entry clearance or permission to stay for a period of 2 years initially. Before their leave expires they will be able to apply to extend their stay on the Scale-up route for a further 3 years.

Uniquely, Scale-up workers can extend their stay without needing to be sponsored. Instead, they are required to demonstrate PAYE earnings in the UK equivalent to at least £33,000 per year during at least 50% of their most recent grant of permission as a Scale-up Worker.

The Home Office will consider guaranteed basic gross pay, recorded through UK-based PAYE. Other sources of income (including earnings from self-employment and earnings from outside the UK) will not be considered.

However, if the Scale-up worker was absent from work in a job with PAYE earnings of at least £33,000 per year due to statutory maternity leave, paternity leave, parental leave, shared parental leave, statutory adoption leave or sick leave then these periods of absence will be treated as periods during which they were paid the equivalent of at least £33,000 per year.

There is also an English language requirement, but since the required level of proficiency is the same as for an initial sponsored Scale-up visa application, this requirement is likely to be automatically met.

What Are the Requirements for a Scale-up Worker to Settle in the UK

In order to qualify for indefinite leave to remain as a Scale-up Worker, your employee will need to satisfy UK Visas and Immigration that they have spent a continuous period of 5 years in the UK with permission in any of the following routes (alone or in combination): Scale-up, Skilled Worker, Global Talent, Innovator, T2 Minister of Religion, International Sportsperson, Representative of an Overseas Business or as a Tier 1 Migrant, other than as a Tier 1 (Graduate Entrepreneur).

They will also need to be in employment in the UK on the date of application with a salary paid through PAYE of at least £33,000 per year and have had monthly PAYE earnings in the UK equivalent to at least £33,000 per year during at least 24 months of the last 3 years immediately before the date of application.

Scale–up visa applicants applying for indefinite leave to remain also need to pass the Knowledge of Life in the UK test (unless an exemption applies).

Global Business Mobility Sponsor Licence Application

The Global Business Mobility routes are open to businesses of all sizes…

The Global Business Mobility routes are open to businesses of all sizes, providing they have a trading presence outside the UK and a qualifying link to a UK business.

In order to hold a Global Business Mobility sponsor licence, the UK business that will be receiving the worker must:

Have an existing presence in the UK;
Have qualifying links to an overseas business from which it will receive workers;
Have suitable key personnel who will be responsible for the managing the licence; and
Have systems in place to meet the sponsor licence duties.

Qualifying links to UK businesses are specific to the type of work assignment which is being undertaken in the UK.

In the case of a Global Business Mobility – UK Expansion Worker sponsor the UK business must provide credible evidence that it intends, and is able, to establish a new UK branch or wholly-owned subsidiary of an established overseas business. The overseas business must normally have been trading overseas for a minimum of 3 years (although there are some exceptions to this requirement).

Businesses that wish to apply for a UK Expansion Worker sponsor licence are required to have a UK footprint rather than a trading presence. This means that they should be able to provide evidence of either a UK premises or Companies House Registration, but they should not yet have begun trading in the UK.

The overseas business, on the other hand, will need to be active and trading. The Home Office will normally expect the overseas business to have traded for at least 3 years (although there are some exceptions).

The overseas business will also need to satisfy the Home Office that it is capable of successfully expanding into the UK. It will need to provide a credible business plan for expansion and demonstrate that it can finance its expansion plans. The Home Office will normally expect the overseas business to be a stable or growing business that has undertaken preparatory work towards expansion.

UK Expansion Worker sponsors will need to identify key personnel who will be responsible for managing the sponsor licence. If there is no suitable settled worker in the UK to take the role of the Authorising Officer (a senior and competent person responsible for the actions of staff and representatives who use the Sponsor Management System) then, exceptionally, the rules for UK Expansion Worker sponsors allow for a Proposed Authorising Officer to be outside the UK. In this situation the UK sponsor will be given a ‘provisional rating’ and just 1 Certificate of Sponsorship (CoS) initially. The Proposed Authorising Officer will then need to be the first worker that is sponsored. Once the Proposed Authorising Officer is in the UK, the sponsor will be able to re-rate to an ‘A-rating’ and request additional CoS (up to 5 maximum).

If there is a suitable settled worker in the UK who can act as the Authorising Officer then there is no need to rely on this exception and the UK Expansion Worker sponsor can be awarded an ‘A-rating’ and up to 5 CoS initially.

If you have any questions about the process or you would like to make an application, please contact our specialist immigration team on 0203 761 3993 or use our online contact form for a first consultation. We will only charge you if you decide to become our client and we can assist you.

UK Global Business Mobility Visa Senior or Specialist Worker

This visa is for senior managers and specialist employees…

The UK Global Business Mobility – Senior or Specialist Worker Visa is for senior managers and specialist employees who wish to undertake a temporary work assignment in the UK. The overseas worker must be assigned to a UK business linked to their employer overseas (also known as an intra-company transfer).

The Senior or Specialist Worker Visa does not lead directly to settlement in the UK. However, you may be able to switch into another immigration route which does lead to settlement. Applicants may be joined or accompanied by a partner and dependent children.

Requirements for a UK Global Business Mobility Visa: Senior or Specialist Worker

In order to qualify for a Senior or Specialist Worker Visa, you will need to satisfy UK Visas and Immigration that:

You are aged 18 or over;
You are currently working for a business or organisation that is linked to your UK sponsor by common ownership or control, or by a joint venture on which you are sponsored to work;
You have worked outside the UK for the linked business or organisation for a cumulative period of at least 12 months, unless you are a high earner earning £73,900 per year or more;
You have a valid Certificate of Sponsorship issued by your UK sponsor for the job you are planning to do;
The job you are planning to do is genuine;
The job you are planning to do is skilled to at least RQF Level 6 (graduate equivalent);
Your salary will be equal to or exceed both £42,400 per year and the ‘going rate’ for the job;
Your UK sponsor has paid any required Immigration Skills Charge;
You have enough money to support yourself without relying on public funds;
You have provided a valid TB certificate, if required.

The exact requirements you will need to satisfy may vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.

Senior or Specialist Worker Visa Overseas Work Requirement

If you are applying for a UK Global Business Mobility – Senior or Specialist Worker Visa and your gross annual salary is less than £73,900 (based on working a maximum of 48 hours per week) then you must be currently working for a business or organisation that is linked to your UK sponsor by common ownership or control, or by a joint venture on which you are sponsored to work, and have worked outside the UK for this business or organisation for a cumulative period of at least 12 months.

The 12 months’ work outside the UK may have been accumulated over a historic period if you were continuously working for the linked business or organisation, in the UK or overseas, for at least 12 months prior to the date of application and any breaks have only been for statutory maternity, paternity, parental or shared parental leave, statutory adoption leave, sick leave, assisting with a national or international humanitarian or environmental crisis with the agreement of the sponsor group or taking part in lawful industrial action.

If you are earning £73,900 per year or more then you must be currently working for a business or organisation that is linked to your UK sponsor by common ownership or control, or by a joint venture on which you are sponsored to work, but you do not need to have been employed outside the UK for any specific period of time.

UK Global Business Mobility Visa: Senior or Specialist Worker Visa Certificate of Sponsorship (CoS) Requirement

In order to obtain a Senior or Specialist Worker Visa you will need to have a valid Certificate of Sponsorship for the job you are planning to do. Your Certificate of Sponsorship will need to have been issued by an employer that is authorised by the Home Office to sponsor a Senior or Specialist Worker.

Your sponsor must be listed as A-rated on the Home Office’s register of licensed sponsors, unless you were last granted permission as a Senior or Specialist Worker and are applying to continue working for the same sponsor as in your last permission.

Your Certificate of Sponsorship must have been issued not more than 3 months before the date of your Senior or Specialist Worker Visa application.

Your Certificate of Sponsorship must include certain mandatory information, including:

Details of your name, job and salary;
Confirmation that you have worked for your employer outside the UK for at least 12 months, unless you are a high earner earning £73,900 per year or more;
A start date which is no more than 3 months after the date of your Senior or Specialist Worker Visa application;
Confirmation that the Certificate of Sponsorship has not been used in a previous application which was either granted or refused and has not been withdrawn by the sponsor or cancelled by the Home Office.

Genuine Job Requirement

In order to be granted a Senior or Specialist Worker Visa, you will need to satisfy the Home Office that you are being sponsored to undertake a genuine job.

If there are reasonable grounds to believe that the job you are being sponsored to do does not exist, is a sham or has been created mainly so that you can apply for a UK Senior or Specialist Worker Visa then your application will be refused.

The Home Office will also want to be satisfied that you have not entered into an arrangement whereby you will fill a temporary or permanent position with a third party who is not the sponsor or undertake contract work which involves undertaking an ongoing routine role or providing an ongoing routine service to a third party who is not your sponsor.

Senior or Specialist Worker Job Skill Level Requirement

In order to qualify for a Senior or Specialist Worker Visa, the job you are being sponsored to do must be an eligible job at or above a minimum skill level.

The job you are planning to do must be skilled to at least RQF Level 6 (graduate equivalent). You do not necessarily need to hold a degree, but the role must be equivalent to a graduate level role.

The Home Office has published a list of jobs that are eligible for a Global Business Mobility – Senior or Specialist Worker Visa. The list includes the relevant occupation code, job type and related job titles.

You will usually meet the job skill level requirement if the job you are being sponsored for is on the list.

However, your sponsor must choose an appropriate occupation code. If the Home Office has reasonable grounds to believe that your sponsor has not chosen the most appropriate occupation code then your application for a Global Business Mobility Visa will be refused.

In assessing whether your sponsor has chosen the most appropriate occupation code, the Home Office will consider factors such as whether they have shown a genuine need for the job as described, whether you have the appropriate skills, qualifications and experience needed to do the job as described and the sponsor’s history of compliance with the immigration system.

Senior or Specialist Worker Salary Requirement

Employers seeking to transfer an employee under the Senior or Specialist Worker route must pay their skilled workers a salary which equals or exceeds both a general salary requirement and the ‘going rate’ for the occupation (as set out in the relevant occupation code mentioned above).

The general salary requirement under the Senior or Specialist Worker route is £42,400 a year. Therefore, in most cases an applicant for a UK Global Business Mobility – Senior or Specialist Worker Visa must be paid a salary which equals or exceeds £42,400 per year and 100% of the pro-rated going rate for the occupation, whichever is higher.

The assessment of salary is based on guaranteed basic gross pay (up to 48 hours per week) plus allowances which are guaranteed to be paid for the duration of the employment in the UK (such as London weighting) or are paid as a mobility premium or to cover the additional cost of living in the UK.

The Home Office has published a list of going rates for eligible Global Business Mobility occupation codes. The annual salaries stated are based on a 39-hour working week and must be pro-rated for other working patterns.

Your full weekly hours will be included when checking your salary against the going rate, even if you work more than 48 hours per week.

Immigration Skills Charge Requirement

Your sponsor must also have paid in full any required Immigration Skills Charge.

The Immigration Skills Charge is a charge for each foreign worker that a sponsoring employer seeks to employ. The Immigration Skills Charge must be paid each time a sponsoring employer assigns a Certificate of Sponsorship to a migrant.

Senior or Specialist Worker Visa Financial Requirement

Subject to the exemptions below, you will need to have cash funds of at least £1,270 available.

You will need to have held the money for at least 28 consecutive days ending not more than 31 days before the date of your Global Business Mobility – Senior or Specialist Worker Visa application.

You will be exempt from the financial requirement if your sponsor is willing to meet your maintenance costs up to the end of the first month of your employment, to an amount of at least £1,270, if necessary. Your sponsor will need to confirm this on your Certificate of Sponsorship.

If you are applying for permission to stay and have been in the UK with permission for 12 months or more at the date of application, you will meet the financial requirement and will not need to show funds.

Senior or Specialist Worker Visa English Language Requirement

Senior or Specialist Worker Visa applicants do not need to satisfy an English language requirement.

Duration of Senior or Specialist Worker Visa

If your application for a Senior or Specialist Worker Visa is approved, you will be granted entry clearance for either the time given on your Certificate of Sponsorship plus 14 days or a period of 5 years, whichever is shorter.

You will be able to apply to extend your Senior or Specialist Worker Visa or apply for another one as many times as you like, up to the maximum time period allowed in the category (see below).

Maximum Time in the Global Business Mobility Routes

If your application for a Global Business Mobility – Senior or Specialist Worker Visa is successful you will be able to extend your stay in the UK up to a maximum period of:

5 years in any 6 year period if you are paid less than £73,900 per year; or
9 years in any 10 year period if you are paid £73,900 or more per year.

Settlement on the Global Business Mobility Visa: Senior or Specialist Worker Route

The Senior or Specialist Worker Visa does not lead directly to settlement in the UK. However, once in the UK, you may be able to switch into another immigration route which does lead to settlement, such as the skilled worker route or the start-up route when combined with innovator route. You will need to satisfy the requirements of the immigration route that you wish to extend into. Details of all the main immigration routes, including whether they lead to settlement, are available on our website.

You may also be eligible to extend your stay until you qualify for settlement based on long residence.

Dependent Senior or Specialist Worker Visa applicants

Senior or Specialist Worker Visa holders can be joined or accompanied by a dependent partner over the age of 18 and dependent children under the age of 18.

UK Global Business Mobility Visa UK Expansion Worker

The UK Global Business Mobility – UK Expansion Worker Visa is for senior managers…

The UK Global Business Mobility – UK Expansion Worker Visa is for senior managers and specialist employees who wish to be assigned to the UK temporarily to undertake work related to the expansion of an overseas business in the UK. Sponsors may send a maximum of 5 workers at a time.

The UK Expansion Worker route can only be used when the UK business has not yet started trading. If the business is already trading in the UK, you should apply for Global Business Mobility UK- Senior or Specialist Worker instead.

In order to secure a UK Expansion Worker Visa, you will need to be sponsored to do a specific job, which meets certain skill and salary requirements, by an employer that has been licensed by the Home Office. We have published separate guidance for employers who are considering applying for a UK Expansion Worker Sponsor Licence.

The UK Global Business Mobility – UK Expansion Worker Visa does not lead directly to settlement. Applicants may be joined or accompanied by a partner and dependent children.

Requirements for a UK Global Business Mobility Visa: UK Expansion Worker

In order to qualify for a UK Global Business Mobility – UK Expansion Worker Visa, you will need to satisfy UK Visas and Immigration that:

You are aged 18 or over;
You are currently working for a business or organisation that is linked to your UK sponsor by common ownership or control;
You have worked outside the UK for the linked business or organisation for a cumulative period of at least 12 months, unless you are a high earner earning £73,900 per year or more or you are a Japanese national seeking to establish a UK branch or subsidiary of the linked business or organisation under the UK-Japan Comprehensive Economic Partnership Agreement;
You have a valid Certificate of Sponsorship issued by your UK sponsor for the job you are planning to do;
The job you are planning to do is genuine;
The job you are planning to do is skilled to at least RQF Level 6 (graduate equivalent);
Your salary will be equal to or exceed both £42,400 per year and the ‘going rate’ for the job;
You have enough money to support yourself without relying on public funds;
You have provided a valid TB certificate, if required.

The exact requirements you will need to satisfy may vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.

UK Expansion Worker Visa Overseas Work Requirement

If you are applying for a UK Global Business Mobility – UK Expansion Worker Visa, your gross annual salary is less than £73,900 (based on working a maximum of 48 hours per week) and you are not a Japanese national seeking to establish a UK branch or subsidiary of the linked business or organisation under the UK-Japan Comprehensive Economic Partnership Agreement then you must be currently working for a business or organisation that is linked to your UK sponsor by common ownership or control and have worked outside the UK for this business or organisation for a cumulative period of at least 12 months.

The 12 months’ work outside the UK can have been accumulated over a historic period if you were continuously working for the linked business or organisation, in the UK or overseas, for at least 12 months prior to the date of application and any breaks have only been for statutory maternity, paternity, parental or shared parental leave, statutory adoption leave, sick leave, assisting with a national or international humanitarian or environmental crisis with the agreement of the sponsor group or taking part in lawful industrial action.

If you are earning £73,900 per year or more or you are a Japanese national seeking to establish a UK branch or subsidiary of the linked business or organisation under the UK-Japan Comprehensive Economic Partnership Agreement then you must be currently working for a business or organisation that is linked to your UK sponsor by common ownership or control, but you do not need to have been employed overseas for any specific period of time.

UK Expansion Worker Visa Certificate of Sponsorship (CoS) Requirement

In order to obtain a UK Global Business Mobility – UK Expansion Worker Visa you will need to have a valid Certificate of Sponsorship for the job you are planning to do. Your Certificate of Sponsorship will need to have been issued by an employer that is authorised by the Home Office to sponsor a UK Expansion Worker.

Your sponsor must be listed as A-rated on the Home Office’s register of licensed sponsors, unless you were last granted permission as a UK Expansion Worker and are applying to continue working for the same sponsor as in your last permission or you are the Authorising Officer for the sponsor and the sponsor has a provisional rating on the Home Office’s register of licensed sponsors.

Your Certificate of Sponsorship must have been issued not more than 3 months before the date of your UK Global Business Mobility – UK Expansions Worker Visa application.

Your Certificate of Sponsorship must include certain mandatory information, including:

Details of your name, job and salary;
Confirmation that you have worked for your employer outside the UK for at least 12 months, unless you are a high earner earning £73,900 per year or more or you are a Japanese national seeking to establish a UK branch or subsidiary of the linked business or organisation under the UK-Japan Comprehensive Economic Partnership Agreement;
A start date which is no more than 3 months after the date of your Global Business Mobility – UK Expansion Worker Visa application;
Confirmation that the Certificate of Sponsorship has not been used in a previous application which was either granted or refused and has not been withdrawn by the sponsor or cancelled by the Home Office.

Genuine Job Requirement

In order to be granted a UK Global Business Mobility – UK Expansion Worker Visa, you will need to satisfy the Home Office that you are being sponsored to undertake a genuine job.

If there are reasonable grounds to believe that the job you are being sponsored to do does not exist, is a sham or has been created mainly so that you can apply for a UK Global Business Mobility – UK Expansion Worker Visa then your application will be refused.

The Home Office will also want to be satisfied that you have not entered into an arrangement whereby you will fill a temporary or permanent position with a third party who is not the sponsor, or undertake contract work which involves undertaking an ongoing routine role or providing an ongoing routine service to a third party who is not your sponsor.

UK Expansion Worker Job Skill Level Requirement

In order to qualify for a UK Expansion Worker Visa, the job you are being sponsored to do must be an eligible job at or above a minimum skill level.

The job you are planning to do must be skilled to at least RQF Level 6 (graduate equivalent). You do not necessarily need to hold a degree, but the role must be equivalent to a graduate level role.

The Home Office has published a list of jobs that are eligible for the Global Business Mobility routes. The list includes the relevant occupation code, job type and related job titles.

You will usually meet the job skill level requirement if the job you are being sponsored for is on the list.

UK Expansion Worker Salary Requirement

Employers seeking to transfer an employee under the UK Global Business Mobility Visa: UK Expansion Worker route must pay their skilled worker a salary which equals or exceeds both a general salary requirement and the ‘going rate’ for the occupation (as set out in the relevant occupation code mentioned above).

The general salary requirement under the UK Global Business Mobility Visa UK Expansion Worker route is £42,400 a year. Therefore, in most cases an applicant for a UK Global Business Mobility – UK Expansion Worker Visa must be paid a salary which equals or exceeds £42,400 per year and 100% of the pro-rated going rate for the occupation, whichever is higher.

Your full weekly hours will be included when checking your salary against the going rate, even if you work more than 48 hours per week.

Immigration Skills Charge Requirement

Employers that are authorised by the Home Office to sponsor a UK Expansion Worker are not required to pay the Immigration Skills Charge.

UK Expansion Worker Visa Financial Requirement

Subject to the exemption below, you will need to have cash funds of at least £1,270 available.

You will need to have held the money for at least 28 consecutive days ending not more than 31 days before the date of your UK Global Business Mobility – UK Expansion Worker Visa application.

UK Global Business Mobility – UK Expansion Worker Visa English Language Requirement

UK Expansion Worker Visa applicants do not need to satisfy an English language requirement.

Duration of UK Expansion Worker Route

If your application for a UK Expansion Worker Visa is approved, you will be granted entry clearance for either 1 year after the start date of the job detailed in your Certificate of Sponsorship or the time given on your Certificate of Sponsorship plus 14 days, whichever is shorter.

If you want to stay longer in the UK, you will be able to apply to extend your visa for a further 12 months. You will be able to stay in the UK for a maximum of 2 years on a UK Expansion Worker Visa.

UK Expansion Worker Route

UK Expansion Worker Visa does not lead directly to settlement in the UK. However, once in the UK, you may be able to switch into another immigration route which does lead to settlement, such as the Skilled Worker route or the Start-up route when combined with the Innovator route. You will need to satisfy the requirements of the immigration route that you wish to extend into. Details of all the main immigration routes, including whether they lead to settlement, are available on our website.

You may also be eligible to extend your stay until you qualify for settlement on the basis of Long Residence.

Dependants of UK Global Business Mobility Visa: UK Expansion Worker Visa applicants

Global Business Mobility – UK Expansion Worker Visa holders can be joined or accompanied by a dependent partner over the age of 18 and dependent children under the age of 18.

UK Global Business Mobility Visa Graduate Trainee

This visa is for overseas workers who wish to be transferred to the UK…

The UK Global Business Mobility – Graduate Trainee Visa is for overseas workers who wish to be transferred to the UK by their employer for a work placement in the UK as part of a graduate training course leading to a senior managerial or specialist role (also known as an intra-company transfer graduate trainee).

The Graduate Trainee Visa does not lead directly to settlement in the UK. However, you may be able to switch into another immigration route which does lead to settlement. Applicants may be joined or accompanied by a partner and dependent children. There is no limit on the number of graduate trainees that a UK sponsor may sponsor.

Requirements for a Graduate Trainee Visa

In order to qualify for a UK Global Business Mobility – Graduate Trainee Visa, you will need to satisfy UK Visas and Immigration that:

You are aged 18 or over;
You are currently working for a business or organisation that is linked to your UK sponsor by common ownership or control, or by a joint venture on which you are sponsored to work, and have worked outside the UK for this business or organisation for at least 3 months immediately before the date of your visa application;
You have a valid Certificate of Sponsorship issued by your UK sponsor for the job you are planning to do;
The job you are planning to do is genuine;
The job you are planning to do is skilled to at least RQF Level 6 (graduate equivalent);
You will be paid a salary which equals or exceeds £23,100 per year and 70% of the pro-rated going rate for the occupation, whichever is higher.
You have enough money to support yourself without relying on public funds.
You have provided a valid TB certificate, if required.

The exact requirements you will need to satisfy will vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.

Graduate Trainee Visa Overseas Work Requirement

If you are applying for a UK Global Business Mobility – Graduate Trainee Visa, you must be currently working for a business or organisation that is linked to your UK sponsor by common ownership or control, or by a joint venture on which you are sponsored to work, and have worked outside the UK for this business or organisation for at least 3 months immediately before the date of your visa application.

This 3 month period of work must have been continuous with no breaks and cannot include time spent working in the UK.

Graduate Trainee Visa Certificate of Sponsorship (CoS) Requirement

In order to obtain a Graduate Trainee Visa you must have a valid Certificate of Sponsorship for the job you are planning to do. Your Certificate of Sponsorship will need to have been issued by an employer that is authorised by the Home Office to sponsor the job in question under the Global Business Mobility – Graduate Trainee route.

Your sponsor must be listed as A-rated on the Home Office’s register of licensed sponsors, unless you were last granted permission as a Graduate Trainee and are applying to continue working for the same sponsor as in your last permission.

Your Certificate of Sponsorship must have been issued not more than 3 months before the date of your Graduate Trainee Visa application.

Your Certificate of Sponsorship must include certain mandatory information, including:

Details of your name, job and salary;
Confirmation that you are currently working for a business or organisation that is linked to your UK sponsor by common ownership or control, or by a joint venture on which you are sponsored to work, and have worked outside the UK for this business or organisation for at least 3 months immediately before the date of your visa application;
A start date which is no more than 3 months after the date of your Global Business Mobility – Graduate Trainee Visa application;
Confirmation that the Certificate of Sponsorship has not been used in a previous application which was either granted or refused and has not been withdrawn by your sponsor or cancelled by the Home Office.

Genuine Job Requirement

In order to be granted a UK Global Business Mobility – Graduate Trainee Visa, you will need to satisfy the Home Office that you are being sponsored to undertake a genuine job.

If there are reasonable grounds to believe that the job you are being sponsored to do does not exist, is a sham or has been created mainly so that you can apply for a UK Global Business Mobility – Graduate Trainee Visa then your application will be refused.

The Home Office will also want to be satisfied that you have not entered into an arrangement whereby you will fill a temporary or permanent position, or undertake contract work which involves undertaking an ongoing routine role or providing an ongoing routine service to a third party who is not your sponsor.

Graduate Trainee Visa Job Skill Level Requirement

In order to qualify for a Graduate Trainee Visa, the job you are being sponsored to do must be an eligible job at or above a minimum skill level.

The job you are planning to do must be skilled to at least RQF Level 6 (graduate equivalent). You do not necessarily need to hold a degree, but the role must be equivalent to a graduate level role.

The Home Office has published a list of jobs that are eligible for a Global Business Mobility – Graduate Trainee Visa. The list includes the relevant occupation code, job type and related job titles.

You will usually meet the job skill level requirement if the job you are being sponsored for is on the list.

In order to qualify for a Graduate Trainee Visa, the job you are being sponsored to do must be part of a structured graduate training programme, with clearly defined progression towards a managerial or specialist role within your sponsor organisation.

Graduate Trainee Visa Salary Requirement

Employers seeking to transfer an employee under the Graduate Trainee Visa route must pay their skilled workers a salary which equals or exceeds both a general salary requirement and, in most cases, 70% of the ‘going rate’ for the occupation (as set out in the relevant occupation code mentioned above).

The general salary requirement under the UK Global Business Mobility – Graduate Trainee Visa route is £23,100 a year. Therefore, in most cases, an applicant for a Graduate Trainee Visa must be paid a salary which equals or exceeds £23,100 per year and 70% of the pro-rated going rate for the occupation, whichever is higher.

If the applicant is being sponsored for a job in one of the health or education occupation codes, the going rate requirement is 100% of the pro-rated going rate.

Your full weekly hours will be included when checking your salary against the going rate, even if you work more than 48 hours per week.

Immigration Skills Charge Requirement

Employers that are authorised by the Home Office to sponsor a Graduate Trainee are not required to pay the Immigration Skills Charge.

Graduate Trainee Visa Financial Requirement

Subject to the exemptions below, you will need to have cash funds of at least £1,270 available.

You will need to have held the money for at least 28 consecutive days ending not more than 31 days before the date of your Global Business Mobility – Graduate Trainee Visa application.

Graduate Trainee Visa English Language Requirement

Graduate Trainee Visa applicants do not need to satisfy an English language requirement.

Duration of Graduate Trainee Visa

If your application for a Graduate Trainee Visa is approved, you will be granted entry clearance for either 1 year from the start date of the job detailed in your Certificate of Sponsorship or the time given on your Certificate of Sponsorship plus 14 days, whichever is shorter.

You will not be able to extend your visa, but you will be able to apply for another Graduate Trainee visa from outside the UK.

Maximum Time in the Global Business Mobility Routes

If your application for a Graduate Trainee Visa is successful, you will be able to stay in the UK up to a maximum period of 5 years in any 6 year period.

When calculating the period of time spent on the routes the Home Office will consider all previous periods of permission granted on the Global Business Mobility routes and all previous periods of permission granted on the Intra-Company routes.

Settlement on the UK Global Business Mobility Visa: Graduate Trainee Route

The UK Global Business Mobility Visa: Graduate Trainee Visa does not lead directly to settlement in the UK. However, once in the UK, you may be able to switch into another immigration route which does lead to settlement, such as the Skilled Worker route or the Start-up route when combined with the Innovator route. You will need to satisfy the requirements of the immigration route that you wish to extend into. Details of all the main immigration routes, including whether they lead to settlement, are available on our website.

You may also be eligible to extend your stay until you qualify for settlement on the basis of Long Residence.

Dependants of Graduate Trainee Visa Applicants

UK Global Business Mobility – Graduate Trainee Visa holders can be joined or accompanied by a dependent partner over the age of 18 and dependent children under the age of 18.

UK Global Business Mobility Visa Service Supplier

This is for overseas workers who are either a contractual service supplier employed…

The UK Global Business Mobility – Service Supplier Visa is for overseas workers who are either a contractual service supplier employed by an overseas service provider or a self-employed independent professional based overseas, who need to undertake a temporary assignment in the UK to provide services covered by one of the UK’s international trade commitments.

The UK Global Business Mobility – Service Supplier Visa does not lead directly to settlement in the UK. However, you may be able to switch into another immigration route which does lead to settlement. Applicants may be joined or accompanied by a partner and dependent children.

Requirements for a UK Global Business Mobility Visa: Service Supplier

In order to qualify for a Service Supplier Visa, you will need to satisfy UK Visas and Immigration that:

You are aged 18 or over;
You are currently working as or for an overseas service provider that will provide services to your UK sponsor;
You have worked as or for the overseas service provider outside the UK for a cumulative period of 12 months;
Your UK sponsor has a contract with an overseas service provider, where that contract has been registered with the Home Office, and on which you as a Service Supplier will work;
You have a valid Certificate of Sponsorship issued by your UK sponsor for the job you are planning to do;
The job you are planning to do is genuine;
The job you are planning to do is skilled to at least RQF Level 6 (graduate equivalent) or you have a degree and 3 to 6 years’ experience;
You satisfy a nationality requirement;
You have enough money to support yourself without relying on public funds;
You have provided a valid TB certificate, if required.

The exact requirements you will need to satisfy may vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.

Service Supplier Visa Overseas Work Requirement

If you are applying for a Service Supplier Visa then you must be currently working as or for an overseas service provider that will provide services to your UK sponsor and have worked as or for the overseas service provider outside the UK for a cumulative period of 12 months.

The 12 months’ work outside the UK can have been accumulated over any period provided that you were either continuously working for your overseas service provider, whether in or out of the UK, for at least 12 months before the date of application; or if you are a self-employed overseas service provider, continuously working in the same sector as the service you will provide to your sponsor, whether in or out of the UK, in the 12 months immediately before the date of application.

Any breaks in the 12 months period can only have been for statutory maternity, paternity, parental or shared parental leave, statutory adoption leave, sick leave, assisting with a national or international humanitarian or environmental crisis with the agreement of the sponsor group or taking part in lawful industrial action.

UK Global Business Mobility Visa: Service Supplier Visa Contract Requirement

Your UK sponsor must have a contract with an overseas service provider, where that contract has been registered with the Home Office, and on which you, as a Service Supplier, will work.

UK Global Business Mobility Visa: Service Supplier Visa Certificate of Sponsorship (CoS) Requirement

In order to obtain a UK Global Business Mobility – Service Supplier Visa you will need to have a valid Certificate of Sponsorship for the job you are planning to do. Your Certificate of Sponsorship will need to have been issued by an employer that is authorised by the Home Office to sponsor a Service Supplier.

Your sponsor must be listed as A-rated on the Home Office’s register of licensed sponsors, unless you were last granted permission as a Service Supplier and are applying to continue working for the same sponsor as in your last permission.

Your Certificate of Sponsorship must have been issued not more than 3 months before the date of your UK Global Business Mobility – Service Supplier Visa application.

Your Certificate of Sponsorship must include certain mandatory information, including:

Details of your name, job and salary;
Confirmation that you have worked as or for your overseas service provider outside the UK for a cumulative period of 12 months;
A start date which is no more than 3 months after the date of your Global Business Mobility – Service Supplier Visa application;
Confirmation that the Certificate of Sponsorship has not been used in a previous application which was either granted or refused and has not been withdrawn by the sponsor or cancelled by the Home Office.

Genuine Job Requirement

In order to be granted a UK Global Business Mobility – Service Supplier Visa, you will need to satisfy the Home Office that you are being sponsored to undertake a genuine job.

If there are reasonable grounds to believe that the job you are being sponsored to do does not exist, is a sham or has been created mainly so that you can apply for a UK Global Business Mobility – Service Supplier Visa then your application will be refused.

The Home Office will also want to be satisfied that you have not entered into an arrangement whereby you will fill a temporary or permanent position with a third party who is not the sponsor, or undertake contract work which involves undertaking an ongoing routine role or providing an ongoing routine service to a third party who is not your sponsor.

UK Global Business Mobility Visa: Service Supplier Job Skill Level Requirement

Option A

In order to qualify for a UK Global Business Mobility – Service Supplier Visa, the job you are being sponsored to do must be an eligible job at or above a minimum skill level.

The job you are planning to do must be skilled to at least RQF Level 6 (graduate equivalent). You do not necessarily need to hold a degree, but the role must be equivalent to a graduate level role.

The Home Office has published a list of jobs that are eligible for the Global Business Mobility routes. The list includes the relevant occupation code, job type and related job titles.

You will usually meet the job skill level requirement if the job you are being sponsored for is on the list.

Option B

In order to qualify for a Service Supplier Visa, you must have a university degree or equivalent level technical qualification unless you are employed by an overseas service provider supplying one of the following types of services, in which case the qualification requirements in parentheses apply:

Fashion and modelling (none required)
Chef de cuisine (an advanced technical qualification)
Entertainment services (excluding audio-visual services under the CARIFORUM-UK Economic Partnership Agreement) (none required)
Management consulting services and services related to management consulting (managers and senior consultants) (university degree (equivalent level technical qualification not permitted)
Advertising or translation (relevant qualifications)
Technical testing and analysis (university degree or a relevant technical qualification)

You will need to hold any professional qualifications or registrations required to provide the services under UK law or sectoral requirements.

You must have professional experience in the sector in which you will supply services as follows:

3 years’ experience; or
If you are supplying chef de cuisine services under the CARIFORUM-UK Economic Partnership Agreement, 6 years’ experience; or
If you are a self-employed overseas service provider, 6 years’ experience.

Service Supplier Salary Requirement

Employers that are authorised by the Home Office to sponsor a Service Supplier under the UK Global Business Mobility Visa: Service Supplier route do not need to satisfy either a general salary requirement or the ‘going rate’ for the occupation (as set out in the relevant occupation code mentioned above).

Service Supplier Nationality Requirement

In order to qualify for a Service Supplier Visa, you must be:

A national of the country or territory in which the overseas service provider is based; or
Where the service that you will provide is covered by a commitment in the General Agreement on Trade in Services and your employer is established in a country or territory that has made a notification under Article XXVIII(k)(ii)(2) of that agreement, a permanent resident of that country or territory; or
Where the service that you will provide is covered by a commitment in the Temporary Agreement between the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland on Services Mobility, a permanent resident of Switzerland; or
Where the service that you will provide is covered by a commitment in the United Kingdom-European Union Trade and Cooperation Agreement, a national of any Member State of the European Union or any other person included in the definition of “natural person of a Party” for the European Union in Article 512(k) of that agreement; or
Where the service that you will provide is covered by a contractual service supplier commitment in the CARIFORUM-United Kingdom Economic Partnership Agreement, a national of any CARIFORUM State that has provisionally applied or brought into force that agreement.

Immigration Skills Charge Requirement

Employers that are authorised by the Home Office to sponsor a Service Supplier are not required to pay the Immigration Skills Charge.

UK Global Business Mobility Visa: Service Supplier Visa Financial Requirement

Subject to the exemptions below, you will need to have cash funds of at least £1,270 available.

You will need to have held the money for at least 28 consecutive days ending not more than 31 days before the date of your UK Global Business Mobility – Service Supplier Visa application.

Service Supplier Visa English Language Requirement

Service Supplier Visa applicants do not need to satisfy an English language requirement.

Duration of a Service Supplier Visa

If your application for a Global Business Mobility – Service Supplier Visa is approved, you will be granted entry clearance for either the time given on your Certificate of Sponsorship plus 14 days or the maximum single assignment period (which is either 6 months or 12 months if covered by a relevant UK international trade commitment), whichever is shorter.

Maximum Time in the Global Business Mobility Routes

The maximum period of time allowed in the Global Business Mobility Routes is 5 years in any 6 year period.

Settlement on the Service Supplier Route

Service Supplier Visa does not lead directly to settlement in the UK. However, once in the UK, you may be able to switch into another immigration route which does lead to settlement, such as the Skilled Worker route or the Start-up route when combined with the Innovator route. You will need to satisfy the requirements of the immigration route that you wish to extend into. Details of all the main immigration routes, including whether they lead to settlement, are available on our website.

You may also be eligible to extend your stay until you qualify for settlement on the basis of Long Residence.

Dependants of UK Global Business Mobility Visa: Service Supplier Visa Applicants

Global Business Mobility – Service Supplier Visa holders can be joined or accompanied by a dependent partner over the age of 18 and dependent children under the age of 18.

UK Global Business Mobility Visa Secondment Worker

This is for overseas workers who wish to be temporarily seconded to the UK…

Secondment Worker Visa is for overseas workers who wish to be temporarily seconded to the UK by their overseas employer as part of a high value contract or investment.

Secondment Worker Visa does not lead directly to settlement in the UK. However, you may be able to switch into another immigration route which does lead to settlement. Applicants may be joined or accompanied by a partner and dependent children.

Requirements for a Secondment Worker

In order to qualify for Secondment Worker Visa, you will need to satisfy UK Visas and Immigration that:

You are aged 18 or over;
You are currently working for an overseas business that has a contract with your sponsor worth at least £50 million that has been registered with the Home Office by the sponsor (unless you are applying for an extension to work for the same sponsor);
You have worked outside the UK for that overseas business for a cumulative period of at least 12 months (unless you are applying for an extension to work for the same sponsor);
You have a valid Certificate of Sponsorship issued by your UK sponsor for the job you are planning to do;
The job you are planning to do is genuine;
The job you are planning to do is skilled to at least RQF Level 6 (graduate equivalent);
You have enough money to support yourself without relying on public funds;
You have provided a valid TB certificate, if required.

The exact requirements you will need to satisfy may vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.

Secondment Worker Visa Overseas Work Requirement

If you are making an initial application for a Secondment Worker Visa then you must be currently working for an overseas business that has a contract with your UK sponsor that has been registered with the Home Office by the UK sponsor and have worked outside the UK for that overseas business for a cumulative period of at least 12 months.

The 12 months’ work outside the UK can have been accumulated over a historic period if you were continuously working for the overseas business, whether inside or outside of the UK, for at least 12 months prior to the date of application and any breaks have only been for statutory maternity, paternity, parental or shared parental leave, statutory adoption leave, sick leave, assisting with a national or international humanitarian or environmental crisis with the agreement of the sponsor group or taking part in lawful industrial action.

If you are applying for permission to stay as a Secondment Worker and you have, or last had, permission as a Secondment Worker and you are applying to continue working for the same sponsor then you do not need to satisfy the overseas work requirement.

Secondment Worker Visa Certificate of Sponsorship (CoS) Requirement

Secondment Worker Visa you will need to have a valid Certificate of Sponsorship for the job you are planning to do. Your Certificate of Sponsorship will need to have been issued by a UK-based employer that is authorised by the Home Office to sponsor a Secondment Worker.

Your sponsor must be listed as A-rated on the Home Office’s register of licensed sponsors, unless you were last granted permission as a Secondment Worker and are applying to continue working for the same sponsor as in your last permission.

Your sponsor must have a contract with the overseas business that you are working for, that contract must have been registered with the Home Office and you must be planning to work as a Secondment Worker on that contract.

Your Certificate of Sponsorship must have been issued not more than 3 months before the date of your UK Global Business Mobility – Secondment Worker Visa application.

Your Certificate of Sponsorship must include certain mandatory information, including:

Details of your name, job and salary;
Confirmation that you are currently working for an overseas business that has a contract with your sponsor that has been registered with the Home Office by the sponsor and have worked outside the UK for that overseas business for a cumulative period of at least 12 months (unless you are applying for an extension to work for the same sponsor);.
A start date which is no more than 3 months after the date of your Secondment Worker Visa application;
Confirmation that the Certificate of Sponsorship has not been used in a previous application which was either granted or refused and has not been withdrawn by the sponsor or cancelled by the Home Office.

Genuine Job Requirement

Secondment Worker Visa, you will need to satisfy the Home Office that you are being sponsored to undertake a genuine job.

If there are reasonable grounds to believe that the job you are being sponsored to do does not exist, is a sham or has been created mainly so that you can apply for a UK a Global

Secondment Worker Visa then your application will be refused.

The Home Office will also want to be satisfied that you have not entered into an arrangement whereby you will fill a temporary or permanent position with a third party who is not your UK sponsor, or undertake contract work which involves undertaking an ongoing routine role or providing an ongoing routine service to a third party who is not your sponsor.

Secondment Worker Job Skill Level Requirement

In order to qualify for a UK Global Business Mobility – Secondment Worker Visa, the job you are being sponsored to do must be an eligible job at or above a minimum skill level.

The job you are planning to do must be skilled to at least RQF Level 6 (graduate equivalent). You do not necessarily need to hold a degree, but the role must be equivalent to a graduate level role.

The Home Office has published a list of jobs that are eligible for the Global Business Mobility routes. The list includes the relevant occupation code, job type and related job titles.

You will usually meet the job skill level requirement if the job you are being sponsored for is on the list.

However, your UK sponsor must choose an appropriate occupation code. If the Home Office has reasonable grounds to believe that your sponsor has not chosen the most appropriate occupation code then your application for a Global Business Mobility Visa will be refused.

Secondment Worker Salary Requirement

UK-based employers that are authorised by the Home Office to sponsor a Secondment Worker under the UK Global Business Mobility Visa: Secondment Worker route do not need to satisfy either a general salary requirement or the ‘going rate’ for the occupation (as set out in the relevant occupation code mentioned above).

Immigration Skills Charge Requirement

UK-based employers that are authorised by the Home Office to sponsor a Secondment Worker are not required to pay the Immigration Skills Charge/

Secondment Worker Financial Requirement

Subject to the exemptions below, you will need to have cash funds of at least £1,270 available.

You will need to have held the money for at least 28 consecutive days ending not more than 31 days before the date of your UK Global Business Mobility – Secondment Worker Visa application.

UK Global Business Mobility – Secondment Worker Visa English Language Requirement

UK Secondment Worker Visa applicants do not need to satisfy an English language requirement.

If you currently have leave to remain in the UK in another immigration category, you may extend your stay by switching into the UK Global Business Mobility – Secondment Worker route unless you have, or were last granted, permission as a Visitor, Short-term student, Parent of a Child Student, Seasonal Worker, Domestic Worker in a Private Household or outside the Immigration Rules.

Duration of a UK Global Business Mobility Visa: Secondment Worker Visa

If your application for a UK Global Business Mobility – Secondment Worker Visa is approved, you will be granted entry clearance for either 1 year from the start date of the job detailed in your Certificate of Sponsorship or the time given on your Certificate of Sponsorship plus 14 days, whichever is shorter.

You will be able to apply to extend your visa by a further 12 months. The maximum time you can stay in the UK on a Secondment Worker visa is 2 years.

Settlement on the Secondment Worker Route

The Secondment Worker Visa does not lead directly to settlement in the UK. However, once in the UK, you may be able to switch into another immigration route which does lead to settlement, such as the Skilled Worker route or the Start-up route when combined with the Innovator route. You will need to satisfy the requirements of the immigration route that you wish to extend into. Details of all the main immigration routes, including whether they lead to settlement, are available on our website.

You may also be eligible to extend your stay until you qualify for settlement on the basis of Long Residence

Dependants of Secondment Worker Visa Applicants

Secondment Worker Visa holders can be joined or accompanied by a dependent partner over the age of 18 and dependent children under the age of 18.

The Global Talent Visa

This route is open to talented and promising applicants within the fields of science, engineering, medicine, humanities, digital technology and…

This route is open to talented and promising applicants within the fields of science, engineering, medicine, humanities, digital technology and arts and culture (including film and television, fashion design and architecture) who wish to work in the UK.

‘Talent’ applicants will already be leaders in their respective field, while ‘promise’ applicants will be able to show the potential to become leaders in their field.

The Global Talent category is not subject to a cap on the number of applicants, does not require a job offer and can lead to settlement in the UK. A dependent partner and dependent children under 18 can apply under this route.

Global Talent Visa Requirements

In order to qualify for a Global Talent visa, you will need to satisfy UK Visas and Immigration that:

You are aged 18 or over;
You have been issued with an endorsement letter by a Home Office approved endorsing body or have been awarded a prize listed in Appendix Global Talent: Prestigious Prizes;
Your application does not fall under the general grounds for refusal;
You have provided a valid TB certificate, if required.

The exact requirements you will need to satisfy may vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.

Global Talent Endorsement Application

In order to apply for a Global Talent visa, most applicants will need to receive an endorsement from an appropriate endorsing body as evidence of their exceptional talent or promise. You can be endorsed in the fields of science, engineering, medicine, humanities, digital technology and arts and culture (including film and television, fashion design and agriculture).

Each endorsing body has its own set of criteria for a Global Talent endorsement, but in each case you will need a substantial body of work and support from experts in your field.

Once you have been endorsed, you will be able to apply for a Global Talent visa.

Alternatively, if you have been awarded a qualifying Prestigious Prize, you will be able to make a single visa application without needing to obtain an endorsement from one of the Global Talent endorsing bodies.

Global Talent Prestigious Prize Route

If you have won a qualifying prestigious award, you will be able to fast-track the endorsement application and instead proceed directly to making a single visa application.

The list of prestigious prizes is set in Appendix Global Talent: Prestigious Prizes. This list is kept under review and updated from time-to-time.

To be eligible as a prestigious prize, a prize must be given to a named individual and clearly recognise the exceptional talent of that individual. Therefore, the list does not include prestigious awards for specific works, such as an award-winning film, or prizes given to whole organisations.

Prizes must also be open to all nationalities and winners must be determined by experts or peers, rather than the public.

Global Talent Category English Language Requirement

Global Talent applicants applying to enter the category or extend their stay in the Global Talent route do not need to satisfy an English language requirement. However, Global Talent migrants must demonstrate sufficient knowledge of the English language in order to qualify for settlement in the UK.

Global Talent Route Maintenance Funds Requirement

Global Talent visa applicants do not need to satisfy a maintenance funds requirement.

How Long Is a UK Global Talent Visa For

Global Talent visa applicants can choose how much leave, in whole years, up to a maximum of 5 years, they wish to be granted in a single application.

This flexibility allows Global Talent visa applicants to minimise their Immigration Health Surcharge payment where, for example, they only wish to come to the UK for 2 years.

Global Talent Visa Extension

If you decide that you want to stay in the UK for longer than you anticipated, or if for any reason you are not able to apply for settlement following your initial grant of leave, for example due to excessive absences, then it is possible to extend your stay in the UK. There is no maximum number of years that you are able to remain in the UK in the Global Talent visa category.

In order to qualify for an extension of stay on the Global Talent route you will need to have earned money in the UK during your last grant of leave and these earnings will need to have been linked to the field which led to your initial Global Talent endorsement (if your initial application was granted using an endorsement) or a field related to the subject matter of your prize (if your initial application was granted using a prize listed in Appendix Global Talent: Prestigious Prizes). You will need to provide evidence from an independent source that is verifiable by the Home Office.

If your initial application was granted using an endorsement you must also not have had your endorsement withdrawn by the endorsing body and the endorsing body must continue to be approved by the Home Office. The Home Office will also check your character and immigration history to check that you do not fall for refusal under the general grounds.

Global Talent ILR

If you continue to satisfy the requirements for an extension of stay set out above and demonstrate sufficient knowledge of the English language and life in the UK then you will be eligible to apply for indefinite leave to remain after spending a continuous period of 3 years in the UK if:

You were endorsed by the Royal Society, British Academy, Royal Academy of Engineering or UKRI; or
You were endorsed under the exceptional talent criteria by Arts Council England or Tech Nation; or
You were granted your initial application using a prize listed in Appendix Global Talent: Prestigious Prizes.

If you were last endorsed under the “exceptional promise” criteria for Arts Council England or Tech Nation you will need to spend a continuous period of 5 years in the UK before being eligible to apply for settlement.

The relevant continuous period can include time spent in the following immigration categories: Global Talent, Innovator, Tier 1 (excluding Tier 1 (Graduate Entrepreneur)), Skilled Worker, T2 Minister of Religion, T2 Sportsperson or Scale-up.

Residence Requirement for ILR as a Global Talent Migrant

In order to qualify for indefinite leave to remain in the Global Talent category you will need to have spent not more than 180 days outside the UK during any rolling 12 months during the continuous period of leave relied upon.

Global Talent migrants who hold leave following an endorsement by one of the endorsing bodies for science, engineering, humanities and medicine and who have undertaken research overseas directly related to their grant of leave, will not have such absences counted when they apply for settlement. Partners of Global Talent migrants will be treated in the same way.

When Should I Apply for a Global Talent Visa?

Your Global Talent visa application must be made within three months of the date that you receive your endorsement and can be made up to three months before you intend to travel. You should therefore plan ahead to the date that you intend to arrive in the UK and work backwards.

Working in the UK on a Global Talent Visa

When you enter the UK in the Global Talent category, you will have a full right to work (including self-employment and voluntary work) but you will not be permitted to be employed as a professional sportsperson or coach.

There is no requirement that you complete a certain amount of work, though you will need to do some, if you intend to settle in the UK permanently.

You will also have a right to study in the UK, if you wish to, but you will not be permitted to access public funds.

Tier 1 (Investor)

This visa was for individuals who could make a substantial financial investment in the UK. Applicants were required to have access to at least £2,000,000.

Innovator Visa

This visa is for experienced business people seeking to establish a business in UK, the business must be innovative, viable and scalable (capable of speedy growth) .

Startup Visa

This visa is for individuals who have an innovative, scalable, business idea that they want to launch in UK.

Entrepreneur Visa

Now closed to new applicants, this category was created for applicants who wanted to invest in new or existing business in UK.

Sponsorship Licence

As a UK based company currently looking to hire A non- EU migrant, your organisation would need to go through process of applying for a Tier 2 sponsor licence.

On 31st December 2020, Freedom of movement between the United Kingdom and the European Union came to an end. Thereafter, a new point based system was introduced which aimed to cater for the highly skilled workers, skilled workers, students, and a range of other specialist work routes. These routes opened in January 2021. As a UK based company currently looking to hire A non- EU migrant, your organisation would need to go through process of applying for a Tier 2 sponsor licence. A Tier 2 sponsor licence will allow you to employ and retain non- EEA migrants to work for your company.

The sponsorship system now forms an integral part of the point-based system, applying to the skilled worker route, to the health and healthcare visas, to the student routes and as well as to some specialised worker routes. This will apply to both EU and non -EU citizens who come on these routes. Each route will have the specific requirement, but for most work routes, the sponsors must undergo checks to demonstrate there are a genuine business, solvent, have roles they wish to recruit for, and they can meet the salary and skill requirements if appropriate. The sponsors will have to pay a licence fee and ensure they act in a way conductive to the public good.

Employers who sponsor non- EU migrant workers are required to pay the immigration skills charge, and the requirements on migrants to speak the English language will continue. English language ability level requirements are set up for each relevant routes based on the common European framework of reference for languages. Some routes provide additional ways of meeting the English language requirement, for example, skilled workers who are sponsored as doctors, dentists and nurses can rely on assessments of the professional body as proof of their English language ability.

Skilled workers and postgraduate students have the right to bring dependents and under the points based system migrants are able to apply to switch from one immigration route to another without having to leave the UK. However, there is no relaxation of the qualifying criteria for the role being switched into. There will be no right to switch in the UK for work or study for those on short term roles such as visitor or seasonal workers.

Anyone coming into the UK for work including EU citizens, will need to demonstrate they meet specified set of requirements for which they will score points. The applicant must meet the following mandatory required criteria, in addition to passing

The applicant must have an offer of a job from a licence sponsor. The job must be at or above the minimum level scale.
The applicant must speak English to the acceptable standards required.

Meeting the mandatory criteria above will earn the applicant 50 points.

They must also obtain a further 20 points through combination of points from salary, a job in a shortage occupation, or a relevant PhD. If the applicant is paid higher than the general salary threshold of £25,600 or the going rate for the job, they will get an extra 20 points. There are different minimum salary rules for the workers in certain health or educational jobs.

If you have any questions about the process or you would like to make an application, please contact our specialist immigration team on 0203 761 3993 or use our online contact for a first consultation. We will only charge you if you decide to become our client and if we can assist you.

Audit and Compliance

Tier 2 sponsorship licence holders need to comply with their obligations as set out in Home Office published guidance on Tier 2 and 5 points-based system.

Sponsor Licence Suspensions and Revocations

If UKVI believe that you are breaching your duties and pose a threat to immigration control, your sponsor licence may be suspended.

Personal Immigration

High Potential Individual Visa

The High Potential Individual Visa is available to recent graduates of top global universities…

The High Potential Individual Visa is available to recent graduates of top global universities who wish to work, or look for work, in the UK. The High Potential Individual route will open on 30 May 2022.

The High Potential Individual route does not lead directly to settlement in the UK. However, before your leave expires, you may be able to apply from within the UK to switch into another immigration route which does lead to settlement. Applicants may be joined or accompanied by a partner and dependent children.

Requirements for a High Potential Individual Visa

In order to qualify for a High Potential Individual Visa, you will need to satisfy UK Visas and Immigration that:

You are aged 18 or over;
You have, in the last 5 years, been awarded an overseas degree level academic qualification from an institution which appears on the Global Universities List;
You are competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0);
You have enough money to support yourself without relying on public funds;
You have not previously been granted permission under the Student Doctorate Extension Scheme, as a Graduate or as a High Potential Individual;
You have provided a valid TB certificate, if required.

The exact requirements you will need to satisfy may vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.

Global Universities List Overseas Degree Requirement

In order to qualify for a High Potential Individual Visa you will need to have been awarded an overseas degree level academic qualification.

Your overseas degree level qualification must have been awarded in the 5 years before the date of your High Potential Individual Visa application.

The institution which awarded your degree must appear on the Global Universities List in respect of the date when you were awarded your degree. The Global Universities List is a list of universities published by the Home Office, which is compiled on an annual basis and consists of all institutions that are ranked in the top 50 of at least two of the following ranking systems:

Times Higher Education World University Rankings;
Quacquarelli Symonds World University Rankings;
The Academic Ranking of World Universities.

You will need to provide confirmation from Ecctis that your qualification meets or exceeds the recognised standard of a UK bachelor’s or UK postgraduate degree. Ecctis will also confirm the date when you were awarded your degree.

If you are an international student who has completed an eligible UK degree then you may qualify for the Graduate Immigration route instead.

High Potential Individual Visa English Language Requirement

In order to qualify for a High Potential Individual Visa you will need to demonstrate English language ability on the Common European Framework of Reference for Languages in all 4 components (reading, writing, speaking and listening) to at least level B1 (intermediate).

Recent graduates applying for entry clearance or leave to remain as a High Potential Individual will satisfy the English language requirement if they:

Are a national of a majority English-speaking country;
Have passed a Secure English Language Test;
Have been awarded a degree taught in English;
Obtained a GCSE/A Level or Scottish Highers in English while at school in the UK; or
Have already shown that they met the requirement, of level B1, in a previous successful application for entry clearance or permission to stay.

High Potential Individual Visa Financial Requirement

Subject to the exemption below, you will need to have cash funds of at least £1,270 available.

You will need to have held the money for at least 28 consecutive days ending not more than 31 days before the date of your High Potential Individual Visa application.

Duration of a High Potential Individual Visa

If your application for a High Potential Visa is approved, the period of permission you will be granted will depend on the qualification that you relied on to meet the Global Universities List overseas degree requirement:

Phd or other doctoral level qualification – 3 years
All other degree qualifications – 2 years

Conditions of Stay as a High Potential Individual

If your application for a High Potential Individual Visa is approved you will be permitted to work (including self-employment and voluntary work), apart from as a professional sportsperson or sports coach. You will also be able to study other than on a course which would meet the requirements of the Student route. You will not be permitted to access public funds.

Settlement on the High Potential Individual Visa Route

The High Potential Individual Visa does not lead directly to settlement in the UK. However, before your leave expires, you may be able to apply from within the UK to switch into another immigration route which does lead to settlement, such as the Skilled worker route or the Start-up route when combined with the Innovator route. You will need to satisfy the requirements of the immigration route that you wish to extend into. Details of all the main immigration routes, including whether they lead to settlement, are available on our website.

You may also be eligible to extend your stay until you qualify for settlement on the basis of Long Residence.

Dependants of High Potential Individual Visa Applicants

High Potential Individual Visa holders can be joined or accompanied by a dependent partner over the age of 18 and dependent children under the age of 18.

Temporary Work Religious Worker Visa

This is for persons who want to support the activities of…

The Temporary Work – Religious Worker Visa is for persons who want to support the activities of a UK religious institution by conducting religious work such as working in a religious order or undertaking non-pastoral work for a religious order, for no more than 2 years.

The Religious Worker visa is not a route to settlement, but Religious Workers can be joined by a dependent partner and children under the age of 18.

Minsters of Religion whose engagement in the UK will involve leading a congregation in performing rites, rituals and preaching the essentials of the creed should apply for a Minister of Religion (T2) visa instead.

Requirements for a Temporary Work – Religious Worker Visa

In order to qualify for a Temporary Work – Religious Worker Visa, you will need to satisfy UK Visas and Immigration that:

You are aged 18 or over;
You have an offer of a job as a religious worker from a sponsor that holds a valid Temporary Work – Religious Worker sponsor licence (which requires a valid Certificate of Sponsorship for the role you wish to undertake);
You genuinely intend, and are able, to undertake the role for which you are being sponsored and do not intend to undertake other employment;
You satisfy a financial requirement;
You have not had permission as a Religious Worker or Charity Worker in the previous 12 months (unless you were not in the UK throughout);
Your application does not fall for refusal under the general grounds for refusal;
You have provided a valid TB certificate, if required.

The exact requirements you will need to satisfy may vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.

Religious Worker Certificate of Sponsorship (CoS) Requirement

In order to qualify for a Temporary Work – Religious Worker Visa you must have a valid Certificate of Sponsorship from a Home Office ‘A-rated’ licensed sponsor (unless you are applying for an extension to work for the same employer as in your previous grant of leave to remain). Your sponsor must be authorised by the Home Office to sponsor the job under the Religious Worker route.

The Certificate of Sponsorship must confirm that the role you intend to undertake meets the religious worker requirements (see further below) and, if your sponsor is a religious order, whether you are a member of the sponsor’s order.

The Certificate of Sponsorship must have a start date of no more than 3 months before the application date and must not have been used in a previous application which was granted or refused. The Certificate will be valid for 3 months from the date it is assigned to you. If you apply for a Temporary Work – Religious Worker Visa after this date, your application may be rejected. The Certificate of Sponsorship must not have been withdrawn or cancelled since being assigned.

Religious Worker Visa Role and Activities

The Religious Worker Visa is available to individuals who are qualified to do the job of a Religious Worker.

Your role as a Religious Worker must involve performing religious duties within, or directed by, your sponsor’s organisation to support the activities of the religious institution.

Your religious duties must not include work which falls under the role of a Minister of Religion. This means that your core duties must not include leading a congregation in performing the rites and rituals of the faith and in preaching the essentials of the creed.

You will need to receive pay and conditions at least equal to those given to settled workers in the same role and your pay must comply with or be exempt from the National Minimum Wage.

Religious Worker Visa Resident Labour Consideration

If applying for entry clearance as a Religious Worker, your sponsor will need to confirm that the requirements of the resident labour consideration have been complied with in respect of your job.

In order to satisfy the resident labour consideration for a Religious Worker Visa application your sponsor will need to be able to confirm at least one of the following:

your role is over and above the sponsor’s normal staffing requirements and is not capable of being filled by an existing worker; or
your role will involve living mainly within and being a member of a religious order, which is a lineage of communities or of people who live in some way set apart from society in accordance with their specific religious devotion; or
they hold national records of all available individuals and can confirm that the records show that no suitable settled worker is available to fill the role; or
a national recruitment search was undertaken, with the role advertised in accordance with the Immigration Rules for at least 28 days and no suitable settled worker was available to be recruited for the role.

Financial Requirement for a Religious Worker Visa

Unless you have been in the UK with a valid visa for at least 12 months or your sponsor agrees to cover your costs during your first month in the UK (and this is confirmed on your Certificate of Sponsorship) you will need to have at least £1,270 in your bank account, held for at least 28 days, ending not more than 31 days before the date of your Religious Worker Visa application.

English Language Requirement for a Religious Worker Visa

The Temporary Work – Religious Worker Visa has no English language requirement.

Duration of a Temporary Work – Religious Worker Visa

If your Temporary Work – Religious Worker Visa application is successful you will be permitted to enter and remain in the UK for either 24 months or the period of the role as stated on your Certificate of Sponsorship plus 14 days before and after, whichever is shorter.

Conditions of Stay on a Temporary Work – Religious Worker Visa

If your application for a Temporary Work – Religious Worker Visa is approved, you will be allowed to work in the role you are sponsored for. Supplementary employment will be permitted (up to 20 hours per week outside the hours of your main job, provided the second job is in the same sector at the same level as your main job or on the Skilled Worker shortage occupation list), as will study (for some courses you may need an Academic Technology Approval Scheme certificate). You will not be permitted to access public funds.

Settlement as a Religious Worker

The Temporary Work – Religious Worker Visa is not a route to settlement. However, it may be possible to switch into another immigration route which can lead to indefinite leave to remain.

Temporary Work – Religious Worker Visa Dependants

If you are granted entry clearance or leave to remain as a Religious Worker, you can be joined or accompanied by a dependent partner and dependent children under the age of 18.

Minister of Religion (T2)

Minister of Religion is for individuals who have been sponsored to perform a mainly pastoral leading role…

Spouse or Partner Visa

If you are married to, or in a civil partnership, with someone settled in UK and you wish to stay in the country.

If you are married to, or in a civil partnership, with someone settled in UK and you wish to stay in the country with them, or come and join them in UK, you can apply for visa as a spouse. You can also apply as an unmarried partner of a person settled in UK, if you meet certain requirements. Spouse and partner visa have a full right to work and study in the UK. You can also apply as a fiancé, fiancée, or proposed civil partner and your initial grant will be six months during which time you can get married and switch into spouse category.

Spouse Visa

This is a visa that allows an applicant to live together with their settled or British partner in the UK for up to 30 months. It can be extended for another 30 months if the eligibility conditions are met. Holding a partner visa for five years will lead to the grant of Indefinite Leave to Remain and eventually British citizenship.

In order to make a successful application first and foremost:

If you wish to apply as a spouse or as a civil partner, you and your partner both need to be 18 years or over;
The couple must be in a genuine and subsisting relationship.
Meet the minimum income threshold which is the financial requirements.
Demonstrate the knowledge of English language.
Provide evidence of suitable accommodation.
On some occasions pass a TB test, depending on their country of residence.

Documents to provide for a Spouse Visa :

You need to provide evidence that your marriage or your civil partnership is recognised in the UK.
If you are a fiancé(e) or a proposed civil partner you must demonstrate that you intend to get married or enter into a civil partnership within six months of arriving in the UK.
In addition, you must show that you satisfy the English language requirement and that you can financially support yourself and your dependent without recourse to public funds.

Unmarried Partner Visa

The immigration rules allow a person who is not married or in a civil partnership to join a partner who is settled in the UK provided that certain conditions are met.

The main requirement for unmarried partners, is that they have been living with their sponsor in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application.

What document is required for the Unmarried Partner route:

You will need to have evidence that you intend to live together in the UK, that you are co-habiting and that you are in a genuine and subsisting relationship.

You will need to provide evidence that any previous relationship broke down and that the relationship on which you are making the application has lasted for two years. You will need to provide evidence that you have lived together in a relationship akin to a marriage or civil partnership for two years or more. You and your unmarried partner should not have been apart for more than six months and, if you have been apart, you must be able to show that there are good reasons for this, such as work commitments or illness.

What visa will I get?

You will obtain leave to enter or leave to remain for a period of 30 months.

Please do not hesitate to get in touch for expert advice if you require assistance in understanding these rules. Our expert team at Jan Manuel Solicitors is able to assist you in providing the right pieces of evidence to support your application.

Fiancé visa

A Fiancé /Fiancée is a person who wishes to enter the UK with a view of marriage to a sponsor who is either present and settled in the UK or British.

Present and settled means that the sponsor is either settled in the UK and is physically in the UK or is coming to the UK with or to join the applicant with the intention to make the UK their home. Settled is defined in paragraph 6 of HC395 and means free from any restrictions on the period on which they can live ordinarily in the UK.

The applicant has to have met his or her fiancé before making the application and there have been a number of Tribunal determinations on how to interpret the phrase “to have met”. Entry clearance officers in each case, will look into whether the parties have made the acquaintance of each other, and that will be a question of fact.

What are the Fiancé / Fiancée visa requirements :

In order to qualify for a UK fiancé visa, the applicant needs to satisfy the UKBA that:

Your partner is British or holds Indefinite Leave to Remain or Limited Leave to Remain under Appendix EU
You are both over 18
Have met in person
Both free to marry
The relationship is genuine, and the couple intend to live together permanently in the UK
You intend to marry within six months of your arrival in the UK
Any previous relationship has broken down permanently
There will be adequate maintenance in the UK without recourse to public funds by meeting the financial threshold.
There is adequate accommodation for the applicant
Can satisfy the English language requirement

Child Visa

If you are settled or applying for settlement in the UK and have children who depend on you.

The UK Child Visa is a type of visa that allows citizens or residents of the United Kingdom with no immigration restrictions to bring their non-EU child in the UK. Therefore, the main criterion for a child to be eligible for this type of visa, is to have one of their parents already residing in the UK. The requirements for this type of visa depend mostly on whether you were born inside the UK or outside.

The rules are different depending on whether you, as a parent, have been granted limited leave, or indefinite leave to remain in the UK.

If you, as a parent, have or are applying for limited leave to remain in the UK, the entry clearance requirements for your child are as follows:

The child must be under the age of 18 at the date of application.
The child must not be married or in a civil partnership.
The child must not have formed an independent family unit.
The child must not be leading an independent life; and
Either your current partner is the child’s other parent, or you have had and continue to have sole responsibility for the child’s upbringing.

Sole Responsibility

One of the requirements for entrance to the UK as a child of a parent, is that the applicant must show that the parent inviting the child has sole responsibility for the child’s upbringing.

This is a factual matter to prove and will be decided based upon all the evidence we provide with the application. The term responsibility in the Immigration Rules should not be understood as referring to theoretical or legal obligations but rather as a practical one. In other words, in each case we need to look at the facts of the case and see who is exercising responsibility for the child.

The responsibility may have been exercised for a short or long duration. Responsibility for the child’s upbringing may be undertaken by individuals other than the child’s parents and may be shared between different individuals. The issue of sole responsibility is not just a matter between parents. This means that even if only one parent is involved in a child’s upbringing, that parent may not have sole responsibility.

It is understandable that when a parent lives in another country the day-to-day responsibility or decision making for the child’s welfare may necessarily be shared with others such as relatives or friends because of the geographical separation. However, this does not prevent a parent having sole responsibility within the meaning of the Rules. The test is not whether anyone else has day to day responsibility in the child’s life, but whether the parent has continuing control and direction of the child’s upbringing. In other words, the key question is does the parent in the UK make all the important decisions in the child’s life.

In order to succeed in an application, the entry clearance officers must be provided with all the evidence that goes to show that the requirements of the Immigration Rules are satisfied. The Applicant needs to demonstrate financial and emotional support, ongoing communications, the delegation of duties and if there are serious and compelling reasons, why the exclusion of the child is undesirable.

Applying for Indefinite Leave to Remain for a Child

The application is to be made by a child of a parent or parents, or a relative who is present and settled in the UK and who is seeking to remain with them in the UK in one of the following circumstances:

Both parents are present and settled in the UK; or
One parent is present and settled in the UK and the other parent is dead; or
One parent is present and settled in the UK and has sole responsibility for the child’s upbringing or the child normally lives with this parent and not the other parent; or
One parent or relative is present and settled in the UK and there are serious and compelling family or other considerations which make the exclusion of the child undesirable and suitable arrangements have been made for the child’s care and he or she had limited leave to remain in the UK and is still under the age of 18 and was given leave to enter with a view to settlement.

Adult Dependant Relative Visa

If you are the adult relative of someone who is settled or applies for settlement in UK.

Returning Resident Visa

If you were previously settled in the UK and have been away for more than two years.

Domestic Worker Private Household Visa

Non- EEA national domestic worker in private household need to apply for visa in order to visit the UK.

Student Visa

Non EEA nationals who wish to study in UK must apply for student visa.

Skilled Worker Visa

If you are planning to come to the UK to work, the likelihood is that you will need a skilled worker visa.

if you are planning to come to the UK to work, the likelihood is that you will need a skilled worker visa, the visa is commonly referred to as a high skilled worker visa or highly skilled migrant visa.

A Skilled Worker visa allows you to come to or stay in the UK to do an eligible job with an approved employer.

This visa has replaced the Tier 2 (General) work visa.

If you or your family are from the EU, Switzerland, Norway, Iceland or Liechtenstein

If you or your family member started living in the UK by 31 December 2020, you may be able to apply to the free EU Settlement Scheme.

The deadline to apply was 30 June 2021 for most people. You can still apply if either:

you have a later deadline - for example, you’re joining a family member in the UK who was living in the UK by 31 December 2020
you have ‘reasonable grounds’ for being unable to apply by 30 June 2021 - for example, you had an illness or were the victim of domestic abuse

Otherwise you need a visa to work in the UK.

To qualify for a Skilled Worker visa, you must:

work for a UK employer that’s been approved by the Home Office
have a ‘certificate of sponsorship’ from your employer with information about the role you’ve been offered in the UK
do a job that’s on the list of eligible occupations
be paid a minimum salary - how much depends on the type of work you do

The specific eligibility depends on your job.

You must have a confirmed job offer before you apply for your visa.

Knowledge of English

You must be able to speak, read, write and understand English. You’ll usually need to prove your knowledge of English when you apply.

If you’re not eligible for a Skilled Worker visa

You may be eligible for another type of visa to work in the UK.

How long you can stay

Your visa can last for up to 5 years before you need to extend it. You’ll need to apply to extend or update your visa when it expires or if you change jobs or employer.

After 5 years, you may be able to apply to settle permanently in the UK (also known as ‘indefinite leave to remain’). This gives you the right to live, work and study here for as long as you like, and apply for benefits if you’re eligible.

You can include your partner and children in your application to stay in the UK if they are eligible.

Settlement

Also called Indefinite Leave to Remain (ILR), it gives you the right to live, work, and study in UK for as long as you like.

Settlement is how you settle in the UK, also called ‘Indefinite Leave to Remain’. It gives you the right to live, work and study here for as long as you like, and apply for benefits if you’re eligible. You can use it to apply for British citizenship.

There are different ways to apply for indefinite leave to remain based on your circumstances.

If you or your family member are an EU, EEA or Swiss citizen, you may be able to apply for settled status under the EU Settlement Scheme instead.

If you work in the UK

You may be able to apply if you have a work visa.

You must usually have lived and worked in the UK for 5 years. If you have a tier 1 visa, it can be 2 or 3 years. If you have an Innovator or Global Talent visa, it can be 3 years.

You may also need to meet the salary or financial requirements - this depends on your visa.

How you apply depends on whether you:

have a tier 2, T2, International Sportsperson or Skilled Worker visa
have a Global Talent, Tier 1 Entrepreneur or Investor visa
have an Innovator visa
represent an overseas business
have a Turkish Worker or Businessperson visa
are a private servant in a diplomatic householdwith an International Agreement visa, or a domestic worker

If you have family in the UK

You may be able to apply if you have a partner, parent or child or other relative settled in the UK - either as a British citizen or a person with indefinite leave to remain.

How you apply depends on which visa you have and how your family member settled.

There are other ways to apply if:

your partner has died
your relationship ended because of domestic violence

If you’ve lived in the UK for 10 years

You may be able to apply if you’ve been living here for 10 years or more.

There’s a different way to apply if you have a visa that’s on the basis of your private life. Applications open in June 2022.

If you’re a Commonwealth citizen

You can apply if you’ve been living in the UK for 5 years on a UK Ancestry visa.

Some Commonwealth citizens have ‘right of abode’ in the UK. This means you can live or work in the UK without immigration restrictions. Check if you can apply to prove you have right of abode in the UK.

You may be eligible for citizenship instead, for example by applying under the Windrush scheme.

Other ways to apply

You may be eligible to apply for indefinite leave to remain if you:

you are a refugee or have humanitarian protection or discretionary leave
if you are returning to the UKhaving previously had indefinite leave to remain
served in the armed forces

British Citizenship and Nationality

We understand how important it is for our clients and their families to finally settle.

There are different ways to apply for British citizenship (or ‘naturalisation’) based on your circumstances.

If you’re eligible in more than one way you can choose which way to apply.

If you’ve applied for citizenship, you’ll need permission to stay in the UK until you’re granted citizenship. Your permission needs to last until you have had your citizenship ceremony.

If you have indefinite leave to remain (ILR) or settled or pre-settled status under the EU Settlement Scheme, this counts as permission to stay.

The deadline to apply to the EU Settlement Scheme for most people was 30 June 2021. If you did not apply to the EU Settlement Scheme by the deadline, you might still be able to apply.

If you were born in the UK

You do not automatically get British citizenship if you were born in the UK. It depends on when you were born and your parents’ circumstances.

You may be eligible to apply for citizenship if you were born in the UK and are not automatically a British citizen.

If you’re married to or in a civil partnership with a British citizen

To apply as the spouse or civil partner of a British citizen you must have lived in the UK for the last 3 years.

You’ll also need to have either:

indefinite leave to remain (ILR)
settled status under the EU Settlement Scheme

If you do, you’ll be eligible to apply for citizenship immediately.

If you have indefinite leave to remain (ILR)

You can usually apply for ILR after you’ve lived in the UK for 5 years.

To apply for citizenship with ILR you must usually have lived in the UK for 12 months after getting it.

If you have ‘permanent residence’ status

You can no longer apply for British citizenship with ‘permanent residence’ status.

You might still be able to apply for settled status under the EU Settlement Scheme, if you have not already. You can then use this to apply for citizenship.

The deadline to apply to the EU Settlement Scheme for most people was 30 June 2021. You can still apply if you have ‘reasonable grounds’ for not being able to apply by the deadline.

If you have any questions about the process or you would like to make an application, please contact Jan Nwokoro on 0203 761 3993 or use our online contact for a first consultation. We will only charge you if you decide to become her client and if she can assist you.

If you’re a Commonwealth citizen

You may be eligible to apply for citizenship under the Windrush Scheme if both:

you or one of your parents arrived in the UK before 1973
you’ve lived in the UK and not been away from it for more than 2 years

Visitor Visa

If you are a non- EEA who wishes to visit UK, on temporary basis you must apply for appropriate visitor visa.

If you are a non- EEA who wishes to visit UK, on temporary basis you must apply for appropriate visitor visa. Visas in this category are usually issued for a short period, six months or less.

You can visit the UK as a Standard Visitor for tourism, business, study (courses up to 6 months) and other permitted activities.

You can usually stay in the UK for up to 6 months. You might be able to apply to stay for longer in certain circumstances, for example to get medical treatment.

What you can and cannot do (‘permitted activities’)

You can visit the UK as a Standard Visitor:

for tourism, for example on a holiday or vacation
to see your family or friends
to volunteer for up to 30 days with a registered charity
to pass through the UK to another country (‘in transit’)
for certain business activities, for example attending a meeting or interview
to take part in a school exchange programme
to do a recreational course of up to 30 days, for example a dance course
to study, do a placement or take an exam
as an academic, senior doctor or dentist
for medical reasons

You cannot:

do paid or unpaid work for a UK company or as a self-employed person
claim public funds (benefits)
live in the UK for long periods of time through frequent or successive visits
marry or register a civil partnership, or give notice of marriage or civil partnership - you’ll need to apply for a Marriage Visitor visa

Eligibility requirements

You must have a passport or travel document to enter the UK. It should be valid for the whole of your stay.

You must be able to show that:

you’ll leave the UK at the end of your visit
you’re able to support yourself and your dependants during your trip (or have funding from someone else to support you)
you’re able to pay for your return or onward journey (or have funding from someone else to pay for the journey)
you’ll not live in the UK for extended periods through frequent or successive visits, or make the UK your main home

You may need to meet extra eligibility requirements if you’re visiting the UK:

to study, do a placement or take an exam
as an academic, senior doctor or dentist
for medical reasons

Immigration Detention, Bail, Removal

If you have been detained, require bail or are facing removal or deportation, we will be there to assist you.

The Home Office has the power to detain individuals when exercising Immigration control. However, this is highly discretionary, the Home Office also has the power not to detain and to allow the individual to be in the UK on a temporary basis.

Detailed guidelines on how the power to detain is to be exercised provide that:

there is a presumption in favour of release
special consideration must be given to families and unaccompanied children
there must be strong grounds for believing that a person will not comply with conditions of release for detention to be justified
all reasonable alternatives to detention must be considered before detention is authorised
each case must be considered on its merits, including consideration of the duty to have regard to the need to safeguard and promote the welfare of any children involved
to be lawful, detention must be based on one of the statutory powers and accord with Home Office policy and with the limitations implied by domestic and Human Rights case law
detention must be used sparingly and for the shortest period necessary
it is not an effective use of detention space to detain people for lengthy periods if it would be practical to detain later in the process once any appeal rights have been exhausted, and
detention is most usually appropriate:
- a) to effect removal
- b) initially to establish a person’s true identity on the basis of their application, and
- c) where there is reason to believe that the person will fail to comply with any conditions attached to their release.

Certain people should not be detained except under exceptional circumstances. These include:

unaccompanied children and young persons under the age of 18
the elderly
pregnant women
those suffering from serious medical conditions which cannot be satisfactorily managed within detention
those suffering from serious mental illness
torture victims
people with serious disabilities
victims of trafficking
other vulnerable people

If you fall into anyone of these categories, we can arrange for your release and furthermore, you may be able to claim compensation for the time that you spent illegally in Immigration detention.

Bail

If you are being held in an Immigration detention centre, you may be able to apply for bail. Our expert solicitors can assist you with making the application.

The grant of bail enables persons liable to detention to be physically present in the UK. Persons on bail have not, however, legally entered the UK. A person granted bail may live in the UK for months or possibly years but have not entered the UK within the meaning of the law.

Bail can be hard to get if you have been found guilty of breaking your bail conditions before or have been charged with a criminal offence. To help us secure bail, it is helpful if you have suitable accommodation available and you can ask someone to act a ‘surety’. Your surety will pay money if you break your bail conditions and will ensure you report to Immigration officials when required.

What is a deportation order?

If you’ve broken the Immigration Rules, for example by living in the UK illegally, the Home Office can make you leave. Most people call this being deported, but it’s technically called administrative removal (for simplicity it will continue to be called a deportation order in this article).

If you have been given a deportation order, you may not be able to re-enter the UK, even as a tourist on a Standard Visitor Visa obtained with the help of an immigration solicitor, for a certain period.

What are the reasons a deportation order can be made?

The Secretary of State can issue a deportation order for the following reasons:

It is believed to be in the public good that the person subject to the deportation order is removed from the country.
The foreign national is the spouse, civil partner or child of the person subject to a deportation order.
The foreign national is over 17 years has committed a criminal offence and the court which sentenced him or her recommends that they be deported after they have served their prison sentence.

If you have been detained, require bail or are facing removal, Jan Manuel Solicitors will be there to assist you. We understand that you and your family will be frightened and distressed. You can count on us to work with the Home Office on your behalf, ensuring your case is heard and any issues properly addressed.

If you have any questions about the process or you would like to apply for bail, please contact Jan Nwokoro on 0203 761 3993 or use our online contact for a first consultation.

Appeal and Judicial Review

It is crucial to understand the UK immigration appeal procedure and Judicial review process.

It is crucial to understand the UK immigration appeal procedure and Judicial review process in order to successfully challenge the Home Office decision.

The First Tier Tribunal deals with the appeals against decisions made by the Home Office regarding permission to stay in the UK or a deportation from the UK or entry clearance to the UK. They also hear bail applications for people in Immigration Detention. There are currently seven chambers of the First Tier Tribunal.

First Tier Tribunal Immigration Decisions

A Tribunal may give a decision orally at the hearing, but usually it is done in writing after the appeal. An Immigration Appeal is a hearing by one or more Judges in several locations in the UK and the Judges usually do not decide whether the appeal has been allowed or dismissed at the Hearing. Usually, you will be informed as to the outcome of the case in writing.

If the Immigration Judge dismisses the appeal, we can help you to make an application for permission to appeal to the Upper Tribunal. We can only make an application for permission to appeal to the Upper Tribunal if the Judge made a mistake in the way in which he/she applied the law.

This means that you cannot appeal further just because you did not agree that certain facts are wrong. In order to be allowed to take the appeal further, you must demonstrate how the Judge made an error in law in the way they applied the law to your case and why this made a significant difference to your case.

If you are granted permission to appeal further, then your case will be transferred to the Upper Tribunal.

If your appeal is allowed at the First Tier Tribunal the Home Office can still,

ask for permission to appeal to the Upper Tribunal if the Judge has made a mistake. If the Home Office appeal is refused, or if the Home Office does not appeal, then you will be granted status by the Home Office.

Upper Tier Tribunal Decisions

The Upper Tribunal is responsible for handling appeals against decisions made by the First Tier Tribunal relating to visa applications, asylum applications and the right to enter or remain in the UK.

They also handle applications for Judicial Review of decisions made by the Home Office. In applying for permission to appeal a dismissal by the First Tier Tribunal, we will need to demonstrate that the Judge in the First Tier Tribunal made an error of law.

Examples of errors of law include if the Judge made a mistake about the meaning of the immigration rules or did not follow a binding decision of a higher Court.

The First Tier Tribunal may have overlooked important evidence or made a decision when there was no evidence. It is essential that when applying for permission to apply to the Upper Tribunal that you will receive expert advice in identifying the error of law.

You don’t have automatic right to appeal to the Upper Tribunal and you need to seek permission first. You will apply for permission by using Form IAFT4. If you are in the UK you must submit your application for permission within 14 days of the date of the written dismissal of your appeal.

If you are out of the UK then your time limit is 28 days from the date of postage. There is currently no fee to appeal to the Upper Tribunal.

If permission is refused you may apply for Judicial Review of the refusal of permission to appeal to the Upper Tribunal, if you can demonstrate an error of law that raises an important point of principle.

If you are granted permission to appeal to the Upper Tribunal there will be either a hearing before one or more Upper Tribunal Judges or the case may be decided without an oral hearing on the papers available.

The Upper Tribunal will send Directions setting out what steps are required to be taken before the hearing. You may need assistance in submitting written submissions and skeleton arguments setting out your arguments and expanding on the Grounds that you used to apply for the permission to appeal. If you want the Upper Tribunal to consider new evidence, you must submit it to the Tribunal and the Home Office.

If you have any questions about the process or you would like help with your appeal, please contact Jan Nwokoro on 0203 761 3993 or use our online contact for a first consultation. We will only charge you if you decide to become her client and if she can assist you.

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Jan Manuel Solicitors is authorised and regulated by the Solicitors Regulation Authority (SRA No. 828685)