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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.
Navigating the Innovator Founder Visa Route
In our analysis of the Innovator Founder visa route, we explore the essential elements outlined in the factsheet issued on 06 July 2023. This visa pathway is designed to attract entrepreneurs with innovative business ideas to establish ventures in the UK. Our examination provides clarity on eligibility requirements, endorsement procedures, settlement provisions, and considerations for dependants.
Eligibility and Points-Based Assessment
Applicants for the Innovator Founder visa must meet stringent criteria, including accumulating a minimum of 70 points across specified categories. Notably, 50 points must be obtained from either the ‘New Business’ or ‘Same Business’ criteria. These assessments evaluate factors such as the innovativeness, viability, and scalability of the business venture, the applicant’s management role, and proficiency in English. Financial requirements mandate accessible funds of at least £1,270 for applicants with less than 12 months’ stay in the UK.
Immigration Permission and Conditions
The Innovator Founder visa allows a maximum stay of three years per application, with potential pathways to settlement in the UK. Visa holders can work in the endorsed business and pursue employment or studies at a skill level equivalent to or above A-levels, fostering economic contributions and entrepreneurship.
Endorsing Bodies and Criteria
Endorsement from an approved body is pivotal for visa application under this route. These bodies assess the progress and compliance of migrant entrepreneurs, with criteria varying based on whether applicants are pursuing new ventures or continuing with existing ones. Endorsement must precede visa application, necessitating timely coordination.
Genuineness and Suitability
The Home Office retains the authority to assess applicants’ genuineness and compliance. A balance of probability test may be conducted if doubts arise, emphasising the importance of transparency and adherence to visa requirements.
Settlement Provisions
Applicants seeking settlement must meet specific criteria, including sustaining the business for at least 12 months, demonstrating active involvement, and fulfilling financial benchmarks or job creation targets. Settlement requirements emphasise the business’s contribution to the UK economy and its ability to generate sustainable growth and employment.
Dependants
Dependants are eligible for accompanying or joining visas, subject to meeting financial and suitability criteria. Settlement options are available after completing a continuous period as the Innovator Founder’s dependant and meeting residency and integration criteria.
Conclusion
Understanding and adhering to the requirements outlined in the Innovator Founder visa factsheet are essential for prospective applicants to navigate the process successfully. This visa route offers promising opportunities for entrepreneurs to contribute to the UK’s entrepreneurial landscape while ensuring compliance with immigration regulations.
If you or your connections require legal advice, please contact Jayesh Jethwa or fill out our enquiry form below.