Skilled Worker Visa & Senior Or Specialist Worker Visa Compared (Part 2)

In This Article

1. Skilled Worker and SSW Routes: Key Considerations for Businesses and Migrants
2.How Salary Thresholds and Going Rates Affect Route Selection
3.Cost Considerations for Sponsoring Skilled Workers
4.Cost Considerations for Sponsoring SSWs
5.Assessing Salary Implications for Skilled Worker vs. SSW Route Selection
6.SSW Route: Additional Eligibility Requirements, No English Language Requirement
7.Working for the Sponsor Group
8.Flexibility: Skilled Worker vs SSW Sponsor Licence
9.Fewer Roles Eligible for Sponsorship in the SSW Route
10.No English Language Requirement in the SSW Route
11.SSW Route: Marginally Quicker Processing for Overseas Migrants
12.Path to Settlement: Flexibility for Migrants vs. Retention for Employers
13.Time Limits on the SSW Route: A Cap on Duration
14.Supplementary Employment: Greater Freedom for Skilled Workers
15.Contact Our Immigration Barristers
16.Frequently Asked Questions
17.Glossary

1. Skilled Worker and SSW Routes: Key Considerations for Businesses and Migrants

This is the second of two articles considering the Skilled Worker route and the Senior or Specialist Worker (SSW) route together. Our previous articleSkilled Worker Route & Senior or Specialist Worker Route Compared provided a brief overview of the two routes – which are two alternative ways to sponsor migrant workers in the UK – and explained key similarities and differences between the routes.

Given the many similarities between the two routes – such as the requirement for the business to hold a Sponsor Licence, and requirements regarding the proposed role's genuineness, skill level and salary – it may at first glance be difficult for a business to choose between the two routes, or for a proposed migrant to understand which route better suits their career or immigration objectives.

This article discusses the advantages and disadvantages of the Skilled Worker route and the SSW route, both from the perspective of the sponsoring business and from the perspective of the sponsored migrant.

2. How Salary Thresholds and Going Rates Affect Route Selection

For some types of job, it is more expensive to sponsor migrants in the Skilled Worker route while, for other types of job, it is more expensive to sponsor migrants in the SSW route.

As explained in our previous article, both Skilled Workers and SSWs must be paid a salary which equals or exceeds both a "general salary threshold"andthe "going rate" for the relevant occupation code in Appendix Skilled Occupations. However, the two routes have different general salary thresholds and going rates.

On the one hand, the general salary threshold for the SSW route is higher (£48,500 per annum) than the general salary threshold for the Skilled Worker route (£38,700 per annum, or lower if the proposed migrant scores "tradeable points"). On the other hand, the standard "going rates" applicable to the Skilled Worker route (set out in Table 1 of Appendix Skilled Occupations) are higher than the "going rates" applicable to the SSW route (as set out in Table 2 of Appendix Skilled Occupations).

3. Cost Considerations for Sponsoring Skilled Workers

Occupation code "1111 Chief executives and senior officials": the relevant going rate in Table 1 (i.e. the standard, "option A" going rate for Skilled Workers) is £84,100 per annum, while the relevant going rate in Table 2 (i.e. the going rate for SSWs) is £54,700 per annum.

This means that a Skilled Worker sponsored under occupation code 1111 must be paid the higher of £38,700 (the Skilled Worker general salary threshold) or £84,100 (the going rate for code 1111 in Table 1) – i.e. the Skilled Worker must be paid £84,100 per annum.

Meanwhile, a SSW sponsored under occupation code 1111 must be paid the higher of £48,500 (the SSW general salary threshold) or £54,700 (the going rate for code 1111 in Table 2) – i.e. the SSW must be paid £54,700 per annum.

This means that if a business is looking, for example, to sponsor a migrant as a Chairman or Chief Executive, it is more expensive to sponsor them as a Skilled Worker (salary requirement of £84,100 per annum) than as a SSW (salary requirement of £54,700 per annum).

4. Cost Considerations for Sponsoring SSWs

Occupation code "1135 Charitable organisation managers and directors":the relevant going rate in Table 1 (i.e. the standard, "option A" going rate for Skilled Workers) is £40,900 per annum, while the relevant going rate in Table 2 (i.e. the going rate for SSWs) is £33,200 per annum.

This means that a Skilled Worker sponsored under occupation code 1135 must be paid the higher of £38,700 (the Skilled Worker general salary threshold) or £40,900 (the going rate for code 1135 in Table 1) – i.e. the Skilled Worker must be paid £40,900 per annum.

Meanwhile, a SSW sponsored under occupation code 1135 must be paid the higher of £48,500 (the SSW general salary threshold) or £33,200 (the going rate for code 1135 in Table 2) – i.e. the SSW must be paid £48,500 per annum.

This means that if a business is looking, for example, to sponsor a migrant as a Charity Director or Charity Manager, it is more expensive to sponsor the migrant as a SSW (salary requirement of £48,500 per annum) than as a Skilled Worker (salary requirement of £40,900 per annum).

5. Assessing Salary Implications for Skilled Worker vs. SSW Route Selection

If a business does not yet hold a Sponsor Licence or if it holds both types of Sponsor Licence, a key consideration may be whether the salary requirement for a particular occupation code is higher in the Skilled Worker route or the SSW route. A proposed migrant may also wish to consider the same, if they are in a position to choose or negotiate sponsorship in one route over another.

6. SSW Route: Additional Eligibility Requirements, No English Language Requirement

The SSW route comes with several additional eligibility requirements, reflecting its nature as a route for temporary work assignments between linked businesses. This route is designed for senior managers and specialist employees who are already part of a multinational company and are being transferred to the UK branch or affiliate.

7. Working for the Sponsor Group

First, a proposed migrant in the SSW route must already be working "for the sponsor group" before they can be sponsored as a SSW in the UK; as explained in our previous article, this means that they must be working for an overseas business that is linked to the sponsoring business by either "common ownership or control" or by a joint venture agreement.

Further, if the proposed migrant is not classed as a "high earner" (i.e. if they will be sponsored in a job with a salary of less than £73,900 per annum), the proposed migrant must additionally have worked outside the UK for the sponsor group for a cumulative period of at least 12 months.

8. Flexibility: Skilled Worker vs SSW Sponsor Licence

This distinction in requirements means that a Skilled Worker Sponsor Licence may offer a business more flexibility than a SSW Sponsor Licence. The former allows businesses to sponsor migrants who have not worked for any particular employer or in any particular role, while the latter constrains the pool of potential migrants to those who are already working for a linked overseas business, and may even constrain the pool to those who have worked for a linked overseas business for at least 12 months.

Further, this requirement in the SSW route for the sponsoring business to have a link to the overseas business means that, at the initial stage of setting up the Sponsor Licence, the sponsoring business will need to provide evidence of this link; this is something that is not required when setting up Skilled Worker Sponsor Licences.

9. Fewer Roles Eligible for Sponsorship in the SSW Route

Second, there are fewer roles eligible for sponsorship in the SSW route compared to the Skilled Worker route. As explained in our previous article, eligible occupation codes for both routes are listed in Appendix Skilled Occupations, and a separate list sets out the occupation codes eligible for Global Business Mobility routes (including the SSW route).

Again, this means that a Skilled Worker Sponsor Licence may offer greater flexibility to businesses, given its scope for sponsoring migrants in a wider range of roles. However, the significance of this wider range of roles very much depends on the nature of the sponsoring business and the roles it requires to be filled, as many occupation codes are eligible for sponsorship in either of the two routes.

10. No English Language Requirement in the SSW Route

Third, despite the above mentioned requirements for the SSW route which may make it less attractive than the Skilled Worker route, one clear advantage of the SSW route is that there is no English language requirement. Conversely, the Skilled Worker route requires proposed migrants to demonstrate English language ability to at least Level B1 on the Common European Framework of Reference for Languages (CEFR) in all four components (i.e. reading, writing, speaking, listening).

As such, the SSW route allows for sponsorship of skilled migrants who may not have met the Skilled Worker English language requirement, and the SSW route may thereby allow businesses and migrants to save the time, effort and money that comes with sitting and passing the relevant English language tests.

11. SSW Route: Marginally Quicker Processing for Overseas Migrants

Both the Skilled Worker route and the SSW route require a business to be "allocated" Certificates of Sponsorship (CoS) by the Home Office, and then for the business to "assign" the CoS to the proposed migrant.

Whether a business holds a Skilled Worker Sponsor Licence or a SSW Sponsor Licence, the Home Office will allocate the business one year's worth of "Undefined" CoS every year, which can immediately be assigned to proposed migrants.

However, if a business is looking to sponsor a migrant as a Skilled Worker who will be applying for permission from outside the UK – i.e. for permission toenterthe UK as a Skilled Worker – the business must submit a separate allocation request to the Home Office, in order to be allocated a "Defined" CoS. These requests for a "Defined" CoS typically take 24-48 hours to be processed, thus adding processing time to the overall timeframe for sponsoring a migrant.

Conversely, businesses sponsoring migrants as SSWs only ever use "Undefined" CoS, meaning they will never need to make separate "Defined" CoS allocation requests. This means that the overall timeframe for sponsoring migrant workers may be marginally quicker in the SSW route than in the Skilled Worker route, which may be important for businesses seeking to sponsor a migrant urgently.

12. Path to Settlement: Flexibility for Migrants vs. Retention for Employers

The SSW route may offer businesses more control over migrant workers than theSkilled Workerroute, and there are three key reasons for this.

First, the Skilled Worker route is a 5-year route to settlement (known as "Indefinite Leave to Remain" or "ILR"), while the SSW route isnota route to settlement. This means that migrants in the Skilled Worker route can, after 5 years in the route, apply for ILR and become free from immigration controls, including restrictions on whom they can work for. This may be particularly beneficial for migrant workers who are hoping in the longer term to switch employers, become self-employed, or otherwise move away from their sponsoring employer.

Conversely, the SSW route does not lead to settlement, meaning that migrant workers remain tied to the sponsoring business. This may be beneficial for businesses looking to retain their talent within "the sponsor group", but may be less attractive for migrants who hope to eventually settle in the UK and/or work for other employers.

13. Time Limits on the SSW Route: A Cap on Duration

Secondly, as outlined in our previous article, the SSW route has a cap on the length of time that a migrant can cumulatively hold permission in the SSW route (and/or under the old Intra-Company routes): up to 9 years in any 10-year period for "high earners", and up to 5 years in any 6-year period for those who are not "high earners".

This cap may allow businesses to retain a measure of control over their proposed migrants; however, it does mean that the SSW route may not be suitable for any work assignments that would exceed the length of permission permitted by the cap.

14. Supplementary Employment: Greater Freedom for Skilled Workers

Finally, Skilled Workers are permitted to undertake a certain amount of "supplementary employment" alongside their sponsored role, but SSWs are not permitted to undertake supplementary employment (unless they were granted permission under the old rules in force before 11 April 2022). This means that Skilled Workers can somewhat diversify their work and build up their CV while continuing to work for their sponsor, while SSWs are not able to do this through supplementary employment.

In contrast, SSWs are not allowed to take on supplementary employment unless they were granted permission under the old rules that were in place before 11 April 2022. This means that SSWs have less freedom to take on additional work, providing businesses with greater control over the worker's employment activities.

15. Contact Our Immigration Barristers

If you are navigating the complexities of Sponsor Licences or work-related visas, our team of experienced immigration barristers is here to help. Whether you're a business looking to sponsor employees or a migrant seeking advice on the best route, we can guide you through every step of the process with clear, expert advice. Contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.

16. Frequently Asked Questions