United Kingdom: Corporate Immigration

UK Visas and Immigration (“UKVI”) are the appointed UK government entity for immigration matters in the UK, processing around 3 million visa applications a year for people wishing to visit, study, join family, or work in the UK.

The main sponsor-based employment categories in the UK are the Skilled Worker or Intra-Company Transfer (ICT) visas.

The Skilled Worker visa is for migrant workers with a job offer in the UK. The applicant must meet the minimum points requirements to confirm the role is suitably skilled, meets a minimum salary and the applicant is able to speak English at “B1” level.  An initial visa can be issued for up to 5 years and can be extended. After 5 years in the UK, the applicant may be eligible to apply for “settlement” (permanent residence) in the UK.

Applicants will need to satisfy the language requirement by taking an approved English test or obtaining a certification of their degree qualification (if awarded outside the UK), unless they are exempt, for example, if they are from a majority English speaking country. A tuberculosis (“TB”) test may also be required depending on country of application.

The ICT visa is typically for employees who currently work for an overseas “linked entity” of the UK company. Similar to the Skilled Worker visa, it requires meeting a minimum points criterion based on salary and skill level, which are generally higher than for a Skilled Worker visa. However, there is no English language requirement. An ICT visa does not lead to Settlement in the UK. The visa can only be held for maximum of 5 years in any 6-year period, or 9 years in any 10-year period for high earners (salary of £73,900 or above).

The UK offers a myriad of unsponsored work and investment immigration routes, depending on the circumstances of the applicant.

Unsponsored work routes include:

• Youth Mobility Scheme: 2-year visa for those aged 18-30 from certain countries such as Australia, Canada and New Zealand;
• British National (Overseas): 5-year visa for applicants and their family members from Hong Kong with British (overseas) nationality;
• Ancestry: 5-year visa for Commonwealth citizens with a UK born grandparent;
• Global Talent: for leaders/potential leaders in academia, arts/culture, digital technology (requires a recognised endorsing body);
• Start Up/Innovator Visa: for those wishing to set up and run an innovative business in the UK (requires a recognised endorsing body).
• Investor Visa (Tier 1): for those wishing to invest £2,000,000 or more in the UK.

A UK company must hold a Sponsor Licence to sponsor migrant workers and must adhere to compliance obligations to maintain an “A-rating”. A Licence is valid for 4 years is renewable.

To register as a sponsor, you require a UK entity registered on Companies House with a “genuine” trading and operating presence in the UK, and demonstrate business reasons for needing the licence, including a need to recruit migrant workers.

A licence holder must adhere to various reporting duties and compliance obligations, including:

• Ensuring migrant workers have the necessary skills, qualifications, or professional accreditations to do their job, and ensuring only suitable roles are sponsored;
• Ensuring the company has HR systems in place to monitor and track migrant workers and report any changes in circumstance;
• Reporting any changes to the sponsoring company’s business, for example, if the company stops trading, or is involved in a merger or take-over.

UK immigration applications are filed electronically and supporting documents are uploaded online. Successful applicants will be issued a 90-day Entry Clearance visa to travel to the UK, where they will then collect their Biometrics Residence Permit (“BRP”) card.

The UK is phasing out BRP cards from December 2024 to a digital status. Some applicants already receive a digital status, such as those who applied under the EU Settlement Scheme or eligible applicants who have applied using the ‘UK Immigration: ID Check’ app.

Applicants must attend an in-person appointment at a visa application centre to submit their biometrics. However, eligible applicants from an EU/EEA country including  Switzerland (and eligible applicants applying for a BNO visa) can apply for digital status using the ‘UK Immigration: ID Check’ app to confirm their biometrics on their phone, avoiding the need for attendance at a visa application centre.

UKVI class dependants as:

• A dependant partner (husband, wife, civil partner, or unmarried partner), or
• Children under 18.

Partners must be in a marriage or civil partnership that is recognised in the UK. Unmarried partners must have been living together in a relationship for at least 2 years.

Children over 16 must live with their parents (unless in full-time education at boarding school or University) and must not be deemed to be leading an independent life.

Dependants are permitted to work or study on an unrestricted basis (including self-employment and voluntary work). However, employment as a professional sportsperson (including as a sports coach) is not allowed.

Applicants would need to spend 5 years continuous residence in the UK to qualify for settlement (permanent residence). Certain other immigration categories allow accelerated routes to settlement, such as innovator visa holders after 3 years, or investor visa holders after 2 or 3 years depending on the amount invested.

Applicants in all visa categories applying for settlement are generally expected to take the Life in the UK test and meet the English language requirement. Children, applicants over 65 and those with a medical condition may be exempt.

Once an applicant holds settlement, they may be eligible to apply for naturalisation as a British citizen. Typically, applicants would need to wait 1 year from the date of settlement before they are eligible, However, applicants married to a British citizen can apply immediately after settlement is granted.

It may take up to 6 months to receive a decision for citizenship, at which point an invitation letter to attend a citizenship ceremony is issued. Applicants should attend a citizenship ceremony within 3 months, at which they are presented with a certificate of British citizenship and can then apply for a British passport.

The General Business Activities listed in the UK Immigration Rules include:

1. Attending meetings, conferences, seminars, interviews;
2. Give a one-off or short series of talks and speeches provided these are not organised as commercial events and will not make a profit for the organiser;
3. Negotiate and sign deals and contracts;
4. Attend trade fairs, for promotional work only, provided the visitor is not directly selling;
5. Carry out site visits and inspections;
6. Gather information for their employment overseas;
7. Be briefed on the requirements of a UK based customer, provided any work for the customer is done outside of the UK.

The maximum permitted period of a visit to the UK is 6 months in any 12-month period. A visitor should not intend to live in the UK through frequent or successive visits, remain in the UK for extended periods or make the UK their main home.

Business visitors must not intend to work in the UK, which includes taking employment, establishing or running a business as a self-employed person, doing a work placement or internship, filling a role or providing short-term cover for a role within a UK based organisation.

Providing you have the inherent right to work in the UK, you are permitted to work remotely from your UK home / place of residence.

A visitor to the UK is permitted to carry out activities relating to their employment overseas remotely whilst they are in the UK (for instance, responding to work emails or answering phone calls), however, this cannot be their main purpose of coming to the UK. No productive work should be carried out for an UK entity.

If a visitor intends to spend a large proportion of their time in the UK and will be doing some remote working, which includes working from home, UKVI will expect the visitor to be genuinely employed overseas and not seeking to work and live in the UK for extended periods through frequent or successive visits.

No. If the primary purpose of travelling to the UK is to work, UKVI would expect the individual to hold a work permit (i.e. a Skilled Worker visa).

The current UK Immigration Rules provide a good degree of flexibility to switch visa categories, jobs, and employers within the UK.

Should a sponsored worker leave their employment, the sponsor is obliged to report this to UKVI within 10 working days of the last day of employment. The UKVI would curtail the leave of the visa holder to 60 days, or the end validity of the visa, whichever is shorter. During this period, the individual would need to make another immigration application to remain in the UK (for instance to work for another sponsor or switch immigration categories) or leave the UK.

Generally, the immigration process for employing sponsored migrant workers in the UK is reliable, with relatively short lead times for obtaining immigration permission.

However, on some occasions overall end to end processing times can take slightly longer than published. This can be down to a myriad of factors, including availability of appointments, processing delays at UKVI resulting from seasonal high volumes of applications or lack of availability for the requisite English language tests.

Employers with sponsor licences should be mindful of the importance of continuing to uphold their sponsor compliance obligations. UKVI can carry out compliance visits before and after licences are issued. Licence can be downgraded, suspended, or withdrawn if the requirements are not met, resulting in withdrawal of the licence, and inability to continue to sponsor migrant workers.

Robust HR systems must be in place to ensure compliance obligations are maintained to protect the licence, such as clear and robust Right to Work processes for all new hires, not just sponsored workers. This is particularly crucial following the UK’s departure from the EU, as the licence is now required to sponsor both EU and non-EU citizens alike.

Yes. Priority processing options are available for the majority of immigration applications; however, this may be dependent on availability in the country of application.

In general, if applying from overseas, some countries may offer ‘priority’ processing of around 5 working days (standard process is 15 working days) and is available in a large number of overseas locations. Some limited locations also offer ‘super priority’ processing, which aims to process most applications by the end of the next working day.

If applying overseas for a partner/ family visa of a British/ Settled person, priority options will reduce the processing time to around 30 working days from the 3-4 months under standard.

If applying from within the UK, there are ‘priority’ options that aim to process applications within 5 working days and the ‘super priority’ option aiming for the decision by the end of the next working day. Family/partner visas submitted within the UK can be processed using the ‘super priority’ service.

It is worth noting that priority processing of immigration applications can sometimes be temporarily suspended by UKVI without notice.

In December 2020, the UK immigration system underwent its biggest overhaul in a decade following Brexit and the resulting end of freedom of movement of labour between the European Union and the UK.

EU, EEA, and Swiss nationals and their family members already living in the UK under freedom of movement by 31 December 2020 were required to make an application to remain in the UK under the EU Settlement Scheme by 30 June 2021. From 1 January 2021 EU, EEA and Swiss nationals moving to the UK require immigration permission.

Under the new immigration system the eligibility thresholds for obtaining a sponsored work permit were reduced; the cap on numbers was suspended, the required skill level was reduced from ‘RQF 6’ (graduate level role) to ‘RQF 3’ (A level or equivalent), the salary threshold was reduced, and the Resident Labour Market Test was no longer required. However, the English language requirement remains.

EU and non-EU migrants are now treated equally under the UK immigration rules. On the one hand, it is now an easier and quicker process for a non-EU migrant to obtain a sponsored visa for the UK given the reduction in eligibility thresholds. On the other, EU, EEA and Swiss nationals are now subject to English language testing requirements and require a visa to move to the UK to work, study or join family, where this was not required previously under freedom of movement.

It remains to be seen how the changes will affect the immigration landscape moving forward. Employers who are not able to fill roles locally may find themselves increasingly reliant on applying for sponsored work permits where previously the role may have been filled by an EU national under freedom of movement. It is anticipated there will be an increase in sponsor licence and sponsored visas over the coming years.

Given the recent post-Brexit overhaul and the introduction of the new immigration system, it is unlikely there will be any substantial structural changes to the UK immigration rules in the near future.

however, the UK immigration rules are always subject to change.  For instance, it remains to be seen if additional changes are introduced over the coming months in response to any potential pressures in the UK labour market. The current points-based system does not have any provision for ‘lower skilled roles’ currently in demand in the UK (for instance, certain roles in hospitality, retail, agriculture, transportation or warehousing).

It also remains to be seen if any requirements to hold any particular COVID-19 vaccination status are introduced into the immigration rules. Whilst currently COVID-19 testing and quarantine rules are required for travelling to the UK (variable on country of origin), there is no mandate for any particular vaccination status either for travel to the UK or to qualify for any particular UK visa.

It has been long established in the UK immigration rules that mandatory TB testing is required for visa applicants coming to the UK for more than 6 months from certain listed countries. It will be interesting to observe if any similar considerations are introduced in response to the COVID-19 pandemic.

There is already an existing trend in UK immigration towards digitisation. This is anticipated to continue. An increasing number of UK immigration applicants are now issued with digital immigration status: no physical documents are issued. Access is granted to an online portal allowing the applicant to generate ‘share codes’ to demonstrate right to work to employers, right to rent to landlords and access to other services in the UK. The digital status also allows travel through the ‘e-gates’ at the UK border.

The advantages of the digital status are clear; biometrics can be submitted using a mobile app as opposed to attending a physical appointment speeding up processing times, digital statuses cannot be physical lost/stolen, and are accessible remotely.

Currently, the digital status process is only available to applicants from the EU, EEA and Switzerland. Applicants from the rest of the world are still required to attend in-person biometrics appointments and are issued with a physical BRP card as the immigration document for their time in the UK.

UKVI are currently planning on phasing out BRP cards by December 2024, after which it is expected digital status will be the norm for all UK visa holders.

It is also expected UKVI will introduce an Electronic Travel Authorisation (ETA) system for visitors coming to the UK. Currently, ‘non-visa nationals’ (e.g. EU or US national) can travel to the UK for visit purposes without prior authorisation. A ‘visa national’ (e.g. Indian nationals) would require a physical visa application., whereas nationals of Kuwait, Oman, Qatar, and the United Arab Emirates can currently apply for an electronic visa waiver for the UK.

The system will likely be similar to the US ‘ESTA’ system. A date for the new system is yet to be confirmed.

In order to prevent illegal working, all UK employers are obliged to carry out a ‘Right to Work’ (“RTW”) check on new hires before employing them, to ensure they have the correct permission to work in the UK.

By correctly conducting a RTW check as set out in the Home Office guidance, an employer will be able to establish a statutory excuse against liability for a civil penalty should an employee be working illegally or in breach of their conditions.

RTW checks can be carried out manually on original documents, or online should the individual hold digital status or a BRP card.

Employers are expected to check the validity of the documents and that the person presenting them is the prospective employee in question. This can be done in person or via a video call. In both cases, the employer should be in possession of the original document, unless an online RTW check is being carried out.

The employer must retain a clear copy of the RTW check in a format that cannot be altered.

Some RTW checks will provide a ‘continuous statutory excuse’, meaning no future checks are required. This would be the case for an employee holding British nationality or someone holding settlement.  Other RTW checks may present a ‘time-limited statutory excuse’, for instance a Skilled Worker visa valid for 3 years. Where there is a time-limited statutory excuse, a follow up check must be carried out.

Under the Immigration, Asylum and Nationality Act 2006, employers have a duty to prevent illegal working.

Where a right to work check reveals that an employee is not eligible to work in the UK, or an employer is otherwise made aware of this fact, and continues to employ the individual, the employer may become liable for a civil penalty of up to £20,000 per breach and potentially criminal prosecution.

Penalties can also result in the loss of a sponsor licence, or the ability to act in a key role on future sponsor applications.

There is no longer a cap on the number of Skilled Worker visa holders who can come to the UK. There are also no labour market testing requirements for Skilled Worker applicants.

The changes were introduced in the UK Immigration Rules from 1 January 2021, following the UK’s departure from the European Union.

If an individual is leaving sponsored employment, the sponsor is obliged to make a report to UKVI confirming the individual’s departure within 10 working days of the last day of employment.

Should the individual hold a BRP card, this should be cut into pieces and returned to the UKVI.

Individuals holding Police Registration Certificates should also return their certificate to the nearest police station or issuing office.

Individuals coming to the UK who have resided in certain listed countries for at least 6 months will require a TB test if coming to the UK for more than 6 months. The list of countries where you need a TB test to enter the UK is laid out in ‘Appendix T’ of the immigration rules. The ‘clear’ certificate needs to be submitted with the UK visa application. Children under 11 and pregnant woman may be exempt.

There are currently no requirements to hold vaccinations (including COVID-19 vaccinations) for immigration applications or travelling to the UK, although there are current COVID-19 testing requirements in place prior to travel.

Whilst many individuals on UK work visas will have local contracts, some may be in the UK on temporary assignment with overseas contracts. There is no requirement to hold a local UK contract. Salary can likewise be paid from the UK or overseas. Any employment, tax or payroll implications stemming from where the contract and payroll is located would have to be considered separately.

For a Skilled Worker visa, applicants would usually need to be paid £25,600 per year (or £10.10 per hour) or meet the ‘going rate’ of the occupation code assigned to the job role, whichever is higher. For example, if an annual salary is £27,000 per annum, but the ‘going rate’ for the role is £30,000, the salary requirements would not be met.

There are different salary rules for those working in some healthcare or education jobs where the going rate is based on national pay scales.

In some cases, it is also possible to apply for a Skilled Worker visa in an eligible job with a salary less than £25,000 or the going rate, however the pay must still be at least £10.10 per hour.

Applicants can be paid between 70% and 90% of the usual going rate, if the salary is at least £20,480 per year the role is one of the following:

• A job in a shortage occupation
• The applicant is under 26, studying or a recent graduate, or in professional training
• The applicant has a science, technology, engineering, or maths (STEM) PhD level qualification relevant to the job (a relevant PhD qualification in any other subject requires the salary to be at least £23,040)
• The applicant has a postdoctoral position in science or higher education

If applying for an Intra-company Transfer visa the salary thresholds are at least £41,500 per annum, £23,000 per annum for an Intra-company Graduate Trainee Visa. The minimum salary of the relevant occupation code would also need to be met, whichever is higher.

All Skilled Worker and Intra-company roles would need to be for a job that is on the list of eligible occupation, as set out in ‘Appendix Skilled Occupations’ of the Immigration Rules.

Under the current UK immigration rules there is no maximum period of stay for a Skilled worker visa holder and their family members in the UK. After 5 years of continuous residence as a Skilled Worker, it may be possible to apply for settlement (permanent residence) in the UK. If not, an applicant can benefit from unlimited extensions to their visa.

For those holding an Intra-company Transfer visa, the maximum total stay is 5 years in any 6-year period if the salary is less than £73,900, and 9 years in any 10-year period for salaries of £73,900 or more.

The UK system is Rules (not legislative) based, which means it is robust but flexible, allowing for adjustment and adaption to change more readily. The system is primarily focused on skilled migration and attracting top talent into shortage occupations, with the aim to select individuals who will support and contribute the most to the UK’s economy. In absence of requiring employees to be on a UK contract or UK payroll, the system also supports an agile global workforce for international corporations.

The framework is underpinned by fairness and transparency, allowing potential applicants to self-assess against the requirements and determine upfront whether they should qualify for the visa prior to applying. The application process is an intuitive online system, which is easily accessible helping to facilitate an efficient and consistent decision-making process.