By Marika Money – Authorized Affiliate
In This Article
1. Understanding the Expert Employee and Senior or Specialist Employee Routes
2. An Overview of the Expert Employee and Senior or Specialist Employee Routes
3. Key Similarities Between the Expert Employee and Senior or Specialist Employee Routes
4. Key Variations Between the Expert Employee and Senior or Specialist Employee Routes
5. Contact Our Immigration Barristers
6. Ceaselessly Requested Questions
7. Glossary
1. Understanding the Expert Employee and Senior or Specialist Employee Routes
If you’re a enterprise in search of to sponsor migrants to give you the results you want within the UK – or if you’re a migrant in search of to undertake sponsored work within the UK – you would possibly discover that there are two routes with similar-sounding names: the “Expert Employee” route and the “Senior or Specialist Employee” route.
That is the primary of two articles contemplating the “Expert Employee” and “Senior or Specialist Employee” (SSW) routes collectively. This text examines the important thing similarities and variations between the 2 routes. The second article discusses the benefits and downsides of every route, each from the attitude of the sponsoring enterprise and the sponsored migrant.
2. An Overview of the Expert Employee and Senior or Specialist Employee Routes
The Expert Employee route is a sponsored work route for migrants who’ve a suggestion to undertake an eligible “expert” job within the UK. The listing of eligible jobs is ready out in Appendix Expert Occupations to the Immigration Guidelines. The job supply should come from a Sponsor that has been “authorised” by the Dwelling Workplace to sponsor migrants for the related job – i.e. the Sponsor holds a Expert Employee Sponsor Licence.
The Senior or Specialist Employee (SSW) route – beforehand referred to as the “Intra-Firm Switch route” – is one in all 5 “International Enterprise Mobility” routes. The SSW route is for senior managers and specialist workers who’re working for an abroad employer, and who want to undertake a short lived work task with a UK enterprise that’s “linked” to their abroad employer. Once more, the sponsoring entity within the UK should be authorised by the Dwelling Workplace – i.e. it should maintain a Sponsor Licence for the SSW route.
3. Key Similarities Between the Expert Employee and Senior or Specialist Employee Routes
Each the Expert Employee route and SSW route require the sponsoring enterprise to carry a legitimate Sponsor Licence. The appliance course of is essentially equivalent for each kinds of Sponsor Licence: the enterprise should full the on-line utility type, pay the applying payment, and submit supporting proof as laid out in Appendix A to the Sponsor steering.
Whereas there are some extra necessities for a SSW Sponsor Licence (mentioned under), each kinds of Sponsor Licence require the sponsoring enterprise to point out that it’s a real organisation with a lawful working or buying and selling presence within the UK, that it has the human assets and recruitment techniques in place to fulfill its Sponsor duties, that it has nominated Key Personnel who’re appropriate and eligible, and that it might probably can supply real employment which meets the route’s ability stage and wage necessities.
As soon as the enterprise has been granted a Sponsor Licence and has been “allotted” the best kind(s) of Certificates of Sponsorship by the Dwelling Workplace (see additional under), the enterprise can “assign” the Certificates to the proposed migrant. The migrant can then make their immigration utility for permission as a Expert Employee or as a SSW.
On the immigration utility stage, lots of the necessities are related for the 2 routes. These embrace the next:
- The migrant should have been allotted a legitimate Certificates of Sponsorship by the sponsoring enterprise for the related job;
- The related job should be real;
- The related job should be at an “acceptable” ability stage – i.e. the job should fall beneath an eligible occupation code for the related route;
- The migrant should have the suitable expertise, {qualifications} and expertise wanted to do the job;
- The migrant should be paid a wage which equals or exceeds each: (i) the overall wage threshold for the related route, and (ii) the relevant “going charge” for the actual position;
- The migrant should have the ability to assist themself with out counting on public funds.
Within the Expert Employee route, a migrant will likely be granted permission till 14 days after the tip date as said on their Certificates of Sponsorship; the tip date for a sponsored position will be as much as a most of 5 years after the beginning date said on the Certificates of Sponsorship. Equally, within the SSW route, a migrant will be granted permission for as much as 5 years after the beginning date of the job as said on their Certificates of Sponsorship, topic to a cap on cumulative years of permission within the route (mentioned under).
In each routes, a migrant can apply to carry a dependent companion and/or dependent kids with them to the UK.
4. Key Variations Between the Expert Employee and Senior or Specialist Employee Routes
The next considers eight key variations between the routes.
A. Migrant Is Already Working for the Sponsor Group
First, a proposed migrant within the SSW route should already be working “for the sponsor group” – i.e. for an abroad enterprise that’s linked to the sponsoring enterprise by both “widespread possession or management” or by a three way partnership settlement. When making use of for a SSW Sponsor Licence, the sponsoring enterprise should subsequently present particulars of the linked abroad enterprise, and supply documentary proof of this hyperlink. The accepted types of hyperlink embrace (however should not restricted to) the next:
- One entity controls the composition of the opposite entity’s board;
- One entity by way of its shareholding holds the vast majority of voting rights within the different entity;
- The 2 entities have a typical guardian entity, and the guardian entity meets one of many above choices concerning management of board composition or majority voting rights;
- The 2 entities are associated by way of being social gathering to a three way partnership settlement.
B. Earlier Employment Necessities
Second, a proposed migrant within the SSW route should have labored exterior the UK for the sponsor group for a cumulative interval of a minimum of 12 months. The 12 months’ work exterior the UK needn’t have been instantly earlier than the applying, nor do the 12 months must have been consecutive. It’s ample if: (i) the proposed migrant was working repeatedly for the sponsor group (whether or not within the UK or abroad) within the 12 months earlier than the date of utility, (ii) the proposed migrant continues to be working for the sponsor group (whether or not within the UK or abroad) on the date of utility, and (iii) the proposed migrant has general spent 12 months working for the sponsor group exterior the UK.
Nonetheless, the 12-month rule is just not relevant if the proposed migrant is a “excessive earner” – i.e. if the proposed migrant will likely be sponsored in a job with a wage of a minimum of £73,900 (primarily based on a most of 48 hours per week). Such migrants should be working for the sponsor group on the date of utility, however there is no such thing as a requirement for them to have labored exterior the UK for the sponsor group for any specific time period.
In distinction, there is no such thing as a requirement for proposed migrants within the Expert Employee path to be working for any specific employer or in any specific position – and even to be working in any respect – on the date of utility. The one related necessities are that the job is real and at an acceptable ability stage, and that the migrant has the suitable expertise, {qualifications} or expertise to undertake the job.
C. Certificates of Sponsorship
Third, when a enterprise is making use of for a Sponsor Licence, the applying type requires it to estimate the variety of “Undefined” Certificates of Sponsorship (UCoS) that it desires to be “allotted” for its first yr as a licensed Sponsor. The Dwelling Workplace then allocates the enterprise its first yr’s value of UCoS on the time of granting the Sponsor Licence. Every subsequent yr, the enterprise should request an annual allocation of UCoS for the next yr.
For the Expert Employee route, UCoS are assigned to migrants who will apply for Expert Employee permission from inside the UK – i.e. permission to keep within the UK as a Expert Employee. Conversely, if the proposed migrant is making use of from exterior the UK – i.e. for permission to enter the UK as a Expert Employee – the enterprise can’t assign them a UCoS. As a substitute, the enterprise must individually request a “Outlined” Certificates of Sponsorship (DCoS) allocation, particularly for that specific migrant. DCoS allocation requests usually take 24-48 hours to be processed and, as soon as the enterprise has been allotted the DCoS by the Dwelling Workplace, it might probably assign the DCoS to the migrant; the DCoS can’t be assigned to another migrant.
For the SSW route, proposed migrants are assigned a UCoS from the enterprise’s annual UCoS allocation, no matter whether or not they’re making use of for permission from inside or exterior the UK. Because of this a enterprise with a SSW Sponsor Licence won’t ever must make any separate DCoS allocation requests.
D. Eligible Occupation Codes
Fourth, because the SSW route is for “senior managers and specialist workers”, there are fewer roles which can be eligible for SSW sponsorship in comparison with the Expert Employee route. Appendix Expert Occupations lists the occupation codes beneath which migrants will be sponsored within the Expert Employee and the SSW routes – the latter are indicated as “eligible for GBM”. The Dwelling Workplace has additionally individually listed eligible occupation codes for International Enterprise Mobility routes.
E. Wage Thresholds
Fifth, whereas the individualised “going charges” for every occupation code are the identical no matter whether or not a migrant will likely be sponsored within the Expert Employee route or the SSW route, the “normal wage threshold” is completely different for the 2 routes.
For Expert Staff, the overall wage threshold is at present £38,700 every year for many occupation codes, or decrease if the proposed migrant scores “tradeable factors”.
The overall wage threshold for the SSW route is increased, at present standing at £48,500 every year.
F. English Language Necessities
Sixth, migrants within the Expert Employee route should exhibit English language capacity to a minimum of Stage B1 on the Widespread European Framework of Reference for Languages in all 4 parts (studying, writing, talking, listening).
Conversely, there is no such thing as a English language requirement for the SSW route.
G. Supplementary Employment
Seventh, Expert Staff are permitted to undertake “supplementary employment”, offering they proceed to work of their sponsored position.
Conversely, migrants within the SSW route can solely undertake supplementary employment in the event that they had been beforehand granted permission on the Intra-Firm routes beneath the outdated guidelines in power earlier than 11 April 2022.
H. Most Time Limits and Eligibility for Indefinite Go away to Stay
Eighth, not like the outdated Tier 2 (Common Route), there is no such thing as a cap on how lengthy migrants can maintain permission as a Expert Employee. The Expert Employee route can also be a 5-year path to settlement (or “Indefinite Go away to Stay”).
Conversely, there’s a cap on the whole size of time {that a} migrant can maintain permission within the SSW route (and/or beneath the outdated Intra-Firm routes). For “excessive earners” (i.e. annual wage of £73,900), migrants can solely maintain permission as a SSW for as much as a complete of 9 years in any 10-year interval. For many who should not “excessive earners”, migrants can solely maintain permission as a SSW for as much as a complete of 5 years in any 6-year interval.
Additional, the SSW route is for “momentary” assignments, and is subsequently not a path to settlement, regardless of what number of years a migrant spends within the route.
For skilled recommendation concerning Sponsor Licences and work-related visas, contact our immigration barristers on 0203 617 9173 or full our enquiry type under.
