Early this month, the UK government announced a wide range of changes to the UK Immigration Rules for foreign citizens to live and work in United Kingdom without requiring a sponsor under the New Routes Visa category.
How To Meet The Requirements And Apply Under The New Routes Immigration Rule To UK
The changes in the new immigration rule took effect this April and will be valid till August 22 this year. In the Statement of Changes, the various changes include the launch of the new Global Business Mobility routes, High Potential Individual route, and the Scale-up route.
In the new immigration policy changes, they categorized into the following class:
New High Potential Individual route
The High Potential Individual route is part of the government’s new measure to attract the world’s intelligent and best into the UK economy. It is set to open at 9am on 30 May 2022. The route is designed for international graduates who can evidence certain educational achievements.
To be eligible into this immigration rule, the applicant will be required to have either a bachelor’s or postgraduate degree qualification from a non-UK top 50 global overseas university. The graduate route allows up to 2 years in the UK for those with a bachelor or master’s degree or up to 3 years with a PhD. The High Potential Individual route does not lead to settlement in the UK but visa holders can switch into a different UK visa route such as the Skilled Worker visa.
English language ability is required which should comprise of level B1 in speaking, listening, reading and writing. A maintenance requirement applies for anyone applying for entry clearance, or permission to stay where they have lived in the UK for less than 12 months (£1,270 held for a period of 28 days prior to the date of the application).
Partners and children can be sponsored as dependents to join family while they immigrant to the UK. Employees and Employers (except Sports persons) are permitted to apply. Study is permitted, except study with an education provider which is Student sponsor, and which would meet the approved qualification and level of study requirements of the Student route which are set out in if the qualifying degree is a PhD, the applicant will be granted three years of permission; in all other cases, it is two years; and this route does lead to settlement.
Scale-up route
The Scale-up route is a new sponsored work visa which will be open on 22 August 2022 for applicants with a job offer at the required skills level from a recognized UK scale-up or company, to qualify for a fast-track visa. This new rule is with the view of enabling the Scale-up business to continue growing.
Under this new immigration rule, sponsoring employer must be an approved UK scale-up company, which requires evidence of an annual growth of at least 20% in turnover or staffing for the 3-year period prior to the application, and having a minimum of 10 employees at the start of this 3-year period.
The visa holder is only required to stay employed by their sponsored employer for 6 months, on which they can then make an application to extend or settle by meeting the relevant minimum salary requirement and being employed in a graduate-level role.
The role on offer must also meet certain requirements, including being at a skill level of at least degree level (RQF 6) and paying a minimum salary of at least £33,000 or the going rate for the job, whichever is higher. As these are higher thresholds than required under the Skilled Worker visa, it will be interesting to see the level of take-up among UK employers for this new route.
The applicant is required to meet the English language requirements at a level of B1 in speaking, listening, reading and writing. Spouse and children of the principal applicant can be sponsored as dependents.
A maintenance requirement applies for anyone applying for entry clearance or permission to stay where they have lived in the UK for less than 12 months (£1,270 held for a period of 28 days prior to the date of the application). Permission will be granted for 2 years to extend this, applicants must have PAYE earnings of at least £33,000 per year for at least 50% of their time in the route, for which they will be granted a further 3 years’ leave. The role must be full-time and the applicant must continue to work in the sponsored role for the first six months after that, their immigration status will no longer be tied to that employer and the route leads to Indefinite Leave to Remain in the United Kingdom immigrants.
For qualification into this route, applicants will need to have PAYE earnings of at least £33,000 in 24 months of the 3 year period immediately prior to their application as well as the standard settlement requirements relating to 5 years’ continuous residence and demonstrating knowledge of life in the UK.
Global Business Mobility route
The Global Business Mobility commenced at 9am on April 11, 2022. This is a new sponsored work visa route for overseas businesses looking to transfer personnel to the UK temporarily to either set up a UK presence or for specific business purposes.
In replacement of the Sole Representative visa which has been closed, applicants to the Sole Representative visa must submit their initial applications prior to 11 April or they will be required to apply under the new UK Expansion Route.
The Global Business Mobility route comprises five subcategories:
- Senior or Specialist Worker
- Graduate Trainee
- UK Expansion Worker
- Service Supplier
- Secondment Worker
- Senior or Specialist Worker
Senior or Specialist Worker
This new route immigration policy has replaced the UK’s Intra-Company Transfer (ICT) visa. This category is for senior managers or specialist employees being deployed to a UK business that is linked to their employer, which must be an overseas entity.
To be eligible, the applicant must have worked for the overseas employer for at least 12 months prior to the application, or if they earn over £73,900, there is no minimum service requirement. It also includes a minimum salary level of £42,400, which is higher than the equivalent requirement under the ICT of £41,500. The Senior or Specialist Worker visa allows a maximum time of 5 years in any 6 year period if paid less than £73,900 per year or 9 years in any 10 year period if paid £73,900 or more per year. It does not lead to UK settlement.
Graduate Trainee
The Graduate Trainee route also replaces the Intra-Company Graduate Trainee route and is for individuals to undertake a UK-based work placement as part of a graduate training course that leads to a senior management or specialist position. The minimum salary threshold for graduate trainees will be £23,100 per year.
UK Expansion Worker
As a replacing to the Sole Representative visa, the UK Expansion Worker is for senior or specialist personnel to come to the UK for a limited period of time to conduct work relating to their organization’s expansion plans in the UK. The number of employees that can be sponsored in this category is not limited.
The eligibility requirement for this route is that, the employee’s organization cannot already be trading in the UK. In a notable change to the predecessor route, the employee will have to be sponsored by their organization. This means their employer will have to apply for a UK Expansion Worker sponsorship license and the worker will have to meet a minimum salary requirement.
Further guidance on this process is expected from the Home Office, although initial indication is that the overseas company may have to make an application for a provisional rating on the register of licensed sponsors in order for the visa application to be processed with the license being fully granted once the UK-based entity has been formally established.
The applicant must have been an employee of the overseas business for at least 12 months unless they are deemed a high earner or are coming under the UK-Japan Comprehensive Economic Partnership Agreement. The applicant’s salary must be at least the market rate requirement or the general salary threshold of £42,400 per year, whichever is the higher amount.
This Expansion Worker visa granted for a period of 12 months and up to two years in total can lead to the applicant becoming an immigrant.
Service Supplier
This visa category is to replace the Temporary Work International Agreement. The Service Supplier route is specifically designed to allow for assignments in the UK to deliver services as provided by one of the UK’s international trade commitments. The route is for contracted service suppliers that are employed by service providers based overseas and as well as self-employed independent professionals based overseas.
The role being performed must have an occupation code listed in Appendix Skilled Occupations as eligible for the Global Business Mobility route, or the applicant must have a university degree or equivalent technical qualification. The applicant must be sponsored by an entity that has been authorized to sponsor a Service Supplier. They also have to have a contract with the overseas service provider, and that contract must have been ‘registered’ with the Home Office.
The Service Supplier route will allow a stay of up to five years within a six-year period although it does not lead to UK settlement.
Secondment Worker
The new Secondment Worker route has been designed for workers coming to the UK on short-term secondment as part of high value contracts or investment by their overseas employers. The applicant must have st least 12 months service with their overseas employer prior to applying. This category will allow a stay of up to five years, but cannot lead to UK settlement.
Also read… How To Work In Australia Under The Working Holiday Visa
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