UK visa options for US skilled workers who need to leave

There are very few visas available for US H-1B visas, which makes it difficult for international employees to choose between working in the US or the UK. Chetal Patel asks: How easy is it to switch from working in the US to the UK?

The month of March can be stressful for US companies as well as international employees, who are waiting to see the results of the H-1B Visa Lottery in the US. This year’s lottery runs from 7-24th March.

This year’s demand is expected to be high, as 484,000 applications were submitted last year for only 85,000 spots. This year, it’s possible that many applicants will be disappointed as the selection process is random. Many applicants will already be in the US on another visa and will have to leave for a time period of one or two years until they get their new US Visa.

A work placement in the UK is an option that can be attractive to candidates. It allows for an exchange of knowledge, skills and innovations between the US, the UK and EMEA.

What are the options for visas for candidates who are skilled and want to come to the UK to work? Global Business Mobility (GBM), Senior or Specialist Workers (SWS) and Skilled Workers are the two main visa categories.

The visas are only available if there is an entity (a UK business) that will sponsor the worker (if this does not already exist). In contrast to the H-1B Visa, selection is based not on randomness but rather on skills, genuine vacancies, and compliance requirements.

It can take a few months for a UK-based sponsoring company to obtain a sponsor license. This is especially true if it’s a new business in the UK.

It is also important to consider compliance duties, which may be difficult if you don’t have staff in the UK.

These visas also come with significant costs, including a skills fee of up to PS1,000 annually and a surcharge for health of PS1,035 annually along with the other application fees.

Global Business Mobility (GBM) – Senior or specialist worker visa

This visa allows certain skilled workers (such as senior management and specialist workers) be transferred to a UK branch of their company. The person may have to be a previous employee of the company in order to qualify for this visa. This visa is available to those who want to temporarily come to the UK. It can be for up to 5 years initially, but it does not have to be permanent.

Skilled Worker

The visa for skilled workers is only available to those who are in roles that require intermediate or higher level skills. The UK entity may be a completely separate entity from the US entity. This visa is available to those who are transferring to the UK branch of a multi-national company, as well as to those new employees or clients in the UK.

The English requirement for this visa can lead to delays, if a person is required to take an English test. This route allows a person to initially apply for a period of up to five-years and then to apply to stay permanently in the UK.

The GBM and Skilled Worker visas offer greater predictability than H-1B. Both visas have their pitfalls. These include expensive government fees, and a possible increase in compliance enforcement that may increase administrative burden.

For those H-1B applicants who are unsuccessful, this will be a great alternative for them. They can hone and broaden their horizons and skills in the UK, while they wait to return to their US-based career.

Considerations to make now

• Is there a UK company for the foreign company?
• Is the entity licensed as a sponsor? Is the license compliant if yes?
• Speak to the HR team to discuss any possible transfers.

Human Resources Director Opportunities on Personnel Today

Browse HR Director Jobs