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Options for Moving to the UK as a Tech Professional
As a tech professional looking to relocate to the UK, there are several viable immigration pathways available to you. The two most commonly utilised visa routes by UK employers for bringing in overseas tech talent are the Global Business Mobility (GBM): Senior or Specialist Worker and the Skilled Worker visa routes.
1. Senior or Specialist Worker Visa
If you are currently employed by a tech company outside the UK, the Senior or Specialist Worker visa allows you to transfer your employment to the UK branch of your company.
Eligibility Criteria:
- Certificate of Sponsorship: You must have a valid Certificate of Sponsorship from your UK employer.
- Employment Duration: You must have been employed by your company, or within the same corporate group, outside the UK for at least 12 months prior to your application. This requirement is waived if you are a high earner.
- Eligible Occupation: Your job must be on the list of eligible occupations.
- Salary Requirement: You must be paid the minimum eligible salary for your job.
- Financial Maintenance: You must demonstrate sufficient funds to support yourself in the UK unless your sponsor certifies maintenance.
- Suitability Grounds: You must not fall under any general grounds for refusal.
Advantages:
- No English Language Requirement: There is no need to meet any English language requirements, making this route attractive for some applicants.
Additional Information:
- Dependants: You can apply with a dependant spouse, civil partner, unmarried partner, and children under 18.
- Study Options: You can study in the UK while working, subject to certain conditions.
- Time Restrictions: You cannot be sponsored under this route for more than 5 years in any 6-year period unless you are a high earner, in which case the limit is 9 years in any 10-year period.
- Settlement: This route does not lead to settlement in the UK on its own.
- Switching Visas: It is possible to switch from a Senior or Specialist Worker visa to a Skilled Worker visa if you meet the relevant criteria.
2. Skilled Worker Visa
The Skilled Worker visa is a preferred option for tech professionals as it offers a path to settlement in the UK after five years of continuous residence, provided you meet other relevant requirements.
Eligibility Criteria:
- Certificate of Sponsorship: You must have a valid Certificate of Sponsorship from your UK employer.
- Eligible Occupation: Your job must be on the list of eligible occupations.
- Salary Requirement: You must be paid the minimum eligible salary for your job.
- English Language Competency: You must demonstrate competency in English to at least the B1 level on the Common European Framework of Reference for Languages (CEFR) in reading, writing, speaking, and listening.
- Financial Maintenance: You must demonstrate sufficient funds to support yourself in the UK unless your sponsor certifies maintenance.
- Suitability Grounds: You must not fall under any general grounds for refusal.
Additional Information:
- Dependants: You can apply with a dependant spouse, civil partner, unmarried partner, and children under 18.
- Study and Work Flexibility: You can study and undertake additional work in certain circumstances.
- No Time Restrictions: There are no limits on the cumulative periods of sponsorship under the Skilled Worker route.
Both visa options have their unique advantages and requirements. As a tech professional, your choice between the Senior or Specialist Worker visa and the Skilled Worker visa will depend on your specific circumstances and long-term plans in the UK. If you need tailored advice or assistance with your application, consulting with a qualified UK immigration lawyer can help ensure a smooth and successful immigration process.
If you or your connections require legal advice, please contact Jayesh Jethwa or fill out our enquiry form below.
Visa Sponsorship for Creative Workers
If you’re looking to employ individuals in the UK’s creative industry—such as artists, dancers, musicians, and actors—they must apply for a Creative Worker visa. To hire talent through this scheme, your organisation must hold a sponsor licence.
Sponsor licences, granted by the Home Office, enable UK-based organisations to employ non-UK resident workers on either a temporary or permanent basis (see our earlier related article here). We assist organisations through the sometimes challenging process of obtaining a sponsor licence, offering comprehensive support from start to finish. Additionally, we provide ongoing licence management to ensure your organisation remains compliant with all requirements.
If you operate in the UK’s creative sector and wish to employ a non-UK resident, consider the following:
1. Does The Role Fall Within The Appendix Creative Worker Codes of Practice?
- Eligibility: The Home Office has a list of eligible roles in the Appendix Creative Worker Codes of Practice. If the role you want to fill is listed, you must adhere to the instructions under each relevant code and document every step. Compliance is crucial, as the Home Office may audit your business, and non-compliance could result in the revocation of your sponsor licence.
- Instructions: Each code details the appropriate salary rate, advertising requirements to demonstrate local recruitment efforts, exemptions from advertisement requirements, and other specific conditions for each role.
2. What If The Role Does Not Fall Within The Codes of Practice?
If the role isn’t listed in the Codes of Practice, you must meet two conditions:
- Skilled Occupations: The role must correspond to a code listed in the Appendix Skilled Occupations.
- Unique Contribution: You must demonstrate that both the individual and the role will make a unique contribution to the UK’s creative life.
3. Sponsoring Technical or Support Staff
Creative Workers often require their technical or support staff, known as ‘entourage,’ to accompany them to the UK. You can sponsor these individuals if their employment is directly related to the Creative Worker’s activities in the UK. However, not all entourage members are eligible, and certain restrictions apply.
4. Assigning The Certificate of Sponsorship (COS)
When assigning a CoS to a Creative Worker, remember the extra step of confirming compliance with the relevant creative code of practice (if applicable) or detailing how the worker will uniquely contribute to the UK’s creative life. There’s a 250-word limit for this confirmation, but you can provide additional information in a Sponsor’s note to ensure sufficient detail is provided.
Conclusion
By adhering to these guidelines, you can successfully navigate the process of hiring non-UK resident creative professionals, ensuring compliance and fostering talent within your organisation.
If you or your connections require legal advice, please contact Jayesh Jethwa or fill out our enquiry form below.
Labour’s Manifesto: What Employers Need to Know
The Labour Party’s recently unveiled manifesto ahead of the upcoming general election presents their plan which is aimed at transforming employment law in the UK. The manifesto reinforces the comprehensive proposal titled“Labour’s Plan to Make Work Pay: Delivering a New Deal for Working People,” which outlines significant changes that could reshape the landscape for employers and employees alike.
Whilst it is not yet entirely clear how each of these changes will operate in practice, it is clear that these proposals, if implemented, will require employers to adapt swiftly. Therefore, it is crucial to stay ahead of these proposed changes and understand their potential impact on your business operations and HR practices.
We have summarised the key initiatives set out in Labour’s manifesto and ‘Make Work Pay’ plan below. The following list is not exhaustive but highlights the key areas which employers and HR should consider in preparation of the upcoming election and potential changes to UK employment law.
Key Proposals
Day One Rights
The manifesto proposes to provide basic rights from the first day of employment by abolishing the qualifying period for unfair dismissal, sick pay, and parental leave. These changes could be implemented as early as April 2025 which means businesses will need to consider adapting their current recruitment processes and implementing more robust probationary periods and early performance management strategies.
Unified Worker Status
Labour plans to simplify the complex landscape of employment status by creating a single employment status of “worker” for all except those that are genuinely self-employed. This could extend fundamental rights to a broader spectrum of workers, and employers will be facing reassessment of their workforce classifications, greater administrative burdens and impacts on payroll practices, tax classifications and contractual arrangements. There are currently a number of “workers” who currently fall between employees and the genuinely self-employed.
This includes people like gig economy workers, casual workers, agency workers, freelances and independent contractors who may now find themselves given the same protections as employees.
Enhanced Family Rights
Labour proposes several family friendly initiatives, including mandatory parental leave, additional protections against pregnancy-related dismissal and support for carers. With Labour’s pledge to review parental leave policies within the first year, employers should update their policies and procedures to align with these changes.
Flexible Working & Right To Switch Off
Labour pledges to make flexible working a day one right except where it is not feasible. Employers will need to consider the operational challenges it may face especially for roles which have fixed hours or require on-site presence. These changes aim to support work-life balance and include Labour’s introduction to a right to “switch off” outside of working hours. This initiative combats the blurring of work-life balance and employers will need to establish clear guidelines and expectations regarding out-of-hours communication.
Equal Pay and Anti-Discrimination Measures
Labour aims to extend equal pay protections to cover race and disability. In addition, they also intend to introduce ethnicity pay gap reporting. Employers with 250 or more employees would need to develop menopause action plans and include outsourced workers in gender pay gap reporting. Strengthening protections against maternity and menopause discrimination, as well as sexual harassment, will also be priorities.
Ending Zero Hours Contracts
Labour aims to eliminate what they term “exploitative” zero hours contracts, aiming to provide workers with more predictable working hours and greater job security. In particular, it ensures all workers will have the right to contracts with guaranteed minimum hours which reflect their regular hours over a twelve-week reference period. With its intentions to address “one-sided flexibility”, specific sectors such as hospitality and retail could be facing a significant impact. Employers may need to reassess their workforce strategies and consider alternative flexible working arrangements.
Genuine Living Wage
The Labour Party is aiming to enforce a genuine living wage by removing age-related bands and enduring fair compensation based on the cost of living. In addition, the manifesto includes stricter enforcement of sick pay, fair tips and banning unpaid internships. Employers will need to take into consideration its compliance with fair pay agreements and wage adjustments and compliance checks.
Enforcement & Tribunal Reforms
The manifesto promises a Single Enforcement Body to oversee and enforce workers’ rights more rigorously, potentially leading to increased scrutiny and penalties for non-compliance. Amendments to tribunal procedures could affect how employers handle disputes and legal challenges.
Preparing For The Changes
- Review and Update Contracts and Policies: Ensure that employment contracts, particularly those for zero hours and probationary employees, comply with potential new requirements.
- Strengthen HR Practices: Implement robust procedures for performance management, particularly during probationary periods, to mitigate the risks associated with immediate unfair dismissal rights.
- Prepare for Increased Compliance: Stay informed about the establishment of the Single Enforcement Body and be ready to adapt to increased regulatory scrutiny.
- Training and Development: Invest in training HR teams and senior managers on revised employment laws and best practices in workplace relations.
Conclusion
While the full extent and timing of these reforms remain uncertain pending election outcomes, the proposed changes to employment law represent a significant shift that will affect many aspects of business operations. Whether these reforms ultimately materialise, they signal a shift towards greater employee rights and corporate responsibility in employment practices. We are ready to provide tailored guidance and support to help you remain compliant and maintain a productive and positive workplace amid this evolving landscape.
To discuss any of the points raised in this article, please contact Ramona Bakshi or fill in the form below.