The Requirement to extend as a Senior or Specialist Worker

You can apply for a Senior or Specialist Worker visa from inside the UK, and the following conditions must be met.

• The employer you are currently working for has A-level sponsorship and you must continue to work for the same company.

• You have the same job as when you were given your previous permission to enter or stay in the UK.

• Your job is in the same Occupation Code as when you were given your previous permission to enter or stay in the UK.

• You’re still working for the employer who gave you your current certificate of sponsorship.

• You have not reached the maximum total stay.

Your partner or children will need to apply separately to extend their visa. They can either apply at the same time as you, or at any time before their current visa expires.

Previously, it was impossible to switch to a working visa in the UK with a resident visa, and after leaving the UK, you had to apply for it again overseas after applying for a cooling period of 12 months.

You can now extend your stay as a senior manager or specialist worker, or switch to a Skilled Worker visa at the same company.

If you are currently in the UK as a Tier 2 (ICT) / Intra Company Transfer migrant, you can switch into the Skilled Worker category.

How to qualify as a Skilled Worker

In order to qualify for a Skilled Worker visa, you will also need to satisfy UK visas and Immigration that:

• You are aged 18 or over;

• You have a valid Certificate of Sponsorship for the job you are planning to do;

• Your job offer is a genuine vacancy;

• Your sponsor has paid any required Immigration Skills Charge;

• Your job is at an appropriate skill level;

• You are competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0), have a degree taught in English, or are a national or citizen of a majority English speaking country as listed in Appendix KoLL;

• You have enough money to support yourself without relying on public funds, or, your sponsor has certified your maintenance on your Certificate of Sponsorship;

• You have provided a criminal record certificate if required; and

• You have provided a valid TB certificate if required.

You will still require a sponsored role that is skilled to the appropriate level and offers the appropriate minimum salary. This can be with your current employer, if your Sponsor has a Skilled Worker licence as well as an Intra-company licence, or it can be with a new employer if you obtain a new offer of employment from a licensed Skilled Worker Sponsor.

You will need to be assigned a new CoS for your role as a Skilled Worker.

You will already be playing a role at RQF level 6 (new required RQF level 3 or higher), so it should not be too difficult to switch to a skilled worker path. It should also be paid at an appropriate minimum wage. When switching to a Skilled Worker, the salary must equal or exceed the general salary threshold of £25,600 (per annum), and the salary rate for each occupation must also be met.

If you are applying for permission to stay and have been in the UK with permission for 12 months or more at the date of application, you will automatically meet the financial requirement and will not need to show funds. Additionally, if you are switching in-country a TB and Criminal Record Certificate will not be required. 

Once in the Skilled Worker route, you (and your dependents, if applicable) will be on a route settlement. Once you have switched to the Skilled Worker route you must spend a continuous period of 5 years in the UK as a Skilled Worker. Unfortunately, you cannot count your time already spent in the UK as a Tier 2 (ICT) migrant towards settlement. 

Is it possible to apply for settlement as a Skilled Worker?

To apply for settlement, you must meet other requirements for settlement, such as knowledge of life in the UK, and the sponsorship, salary, validity and suitability requirements.

If you have spent 10 years residing in the UK continuously and lawfully, you may be able to apply for indefinite leave to remain on the basis of long residence instead. 

If you are unable to meet the requirements to settle on the Skilled Worker route, you can continue to extend in the Skilled Worker category, as there is no maximum total stay on this route.

If you need expert advice and assistance in applying for a Tier 2 ICT visa extension or switching to a Skilled Worker, please contact us on 020 3865 6219 or leave a message.