Immigration and Nationality Act 1971 empowers the Secretary of State for the Home Department to regulate admission to the UK of persons subject to immigration control.
The Immigration Rules are collection of codified rules and procedures covering all aspects of immigration to the UK. These rules are subject to parliamentary approval and have the status of law covering the whole.
Businesses and corporate bodies responsible for sponsorship of non-British workers in the UK have to follow appropriate procedures issued by the Home Office and published in the form of official Guidance documents.
If you have a specific project in mind, it is best to speak to our immigration lawyers and find out the best immigration route that fits your requirements both immediately and in the long term.
The most common immigration option for non-British workers is the Skilled Worker route which does not offer any special regimes for any specific sectors with the exception of the Health and Care sector, where the applicants are exempt from the Immigration Health Surcharge – the most costly part of the visa application process.
Skilled Worker route also offers less stringent minimum pay requirements for professions on the Immigration Salary List (a small proportion of what was previously the Shortage Occupation List). These occupations vary in different locations in the UK, such as England, Wales and Scotland.
For temporary workers, opportunities are offered by the Global Business Mobility scheme. This route covers options for intra-company transfers as well as service providers under a contract. covered by an eligible trade agreement. Eligible trade agreements and sectors are listed in the Home Office guidance.
UK Visas and Immigration is part of the Home Office responsible for enforcement of the rules.
UKVI has wide powers in prevention and punishment of illegal working. Employers can face a civil penalty of up to £45,000 per illegal worker for first time offenders and may also face criminal charges punishable with imprisonment and unlimited fines.
Immigration is subject to strict regulation and control and it is very important to follow the correct procedure to avoid penalties and smooth operation of your business.
It is mandatory for employers to conduct the right to work checks for all prospective employees, independently of their nationality. The right to work check procedure is strictly prescribed for non-British citizens and has to be done online in most circumstances, including the scenarios where the employer is acting as the sponsor of the worker and has been directly involved in the visa application process.
Generally, non-visa nationals do not require a visa to visit the UK even if their business is related to a business purpose. Visa nationals are listed in the Immigration Rules, Appendix Visitor: Visa National List.
Non-visa nationals who had previously been refused entry may way want to apply for a visa in advance of their travel.
It may also be advisable to make a visit visa application for a non-visa national, if they are planning a succession of frequent visits or where their time in the UK may exceed 180 days in a 12-month period.
There is a list of permitted general business activities, permitted intro-corporate activities, permitted activities for manufacturers and suppliers of goods and clients of UK export companies, lawyers, academics, interpreters, journalists, producers and cameraman.
There is also a list of prohibited activities which includes work for organisation or business in the UK.
The rules related to permitted activities are quite complex and there is sometimes a fine line between activities which may be undertaken by a visitor and those which required a Skilled Worker or Global Business Mobility visa.
It is strongly recommended to seek immigration advice prior to making travel arrangements unless the proposed activity falls clearly within the list of permitted activities for a visitor.
Business visitors are allowed to stay in the UK up to 6 months. However, visiting academics may be granted entry clearance for up to 12 months.
Under the immigration rules, a visitor may:
- attend meetings, conferences, seminars, interviews; and
- 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; and
- negotiate and sign deals and contracts; and
- attend trade fairs, for promotional work only, provided the Visitor is not directly selling; and
- carry out site visits and inspections; and
- gather information for their employment overseas; and
- be briefed on the requirements of a UK based customer, provided any work for the customer is done outside of the UK; and
- undertake activities relating to their employment overseas remotely from within the UK, providing this is not the primary purpose of their visit
There is also a list of intra-corporate permitted activities, as well as activities related to specific sectors, such as science and academia, creative sector or legal sector.
Short-term training is allowed within intra-corporate context but the rules may be quite complex, especially if proposed training is to be carried out in the workplace. Internship or work placement is specifically listed in the prohibited activities for visitors and require a different type of visa.
For enquiries related to short-term training project or other intra-corporate activities, I recommend a 30-minute appointment with one of our immigration consultants.
The main type of work permit is known as the Skilled Worker route. This requires sponsorship from a UK-based business with a licence to sponsor workers in this category.
The minimum skill level is equivalent to NQF3, which includes medium-skill level jobs. However, salary requirements are quite high with the general minimum threshold of £38,700. There is also an occupation specific minimum salary threshold and the higher of the two applies.
Skilled Worker route allows supplementary employment but not self-employment. There is no restriction on the type of work or salary in supplementary employment as long as the worker continues to work for the main sponsor.
There are other types of temporary Work Permits collected under the Global Business Mobility scheme.
Senior and Specialist workers and trainees can be sponsored within the context of intra-corporate transfer.
For businesses wishing to establish an operative branch or subsidiary in the UK, up to 5 work permits can be applied for under the UK Expansion Worker route.
UK Service Supplier and Secondment Worker are another two types of work permits for provision of contractual services from overseas. Service Suppliers route operates in the context of eligible international trade agreements. Secondment Worker route is for large scale project worth not less than £50 mln in total and at least £10 mln a year.
There is also Temporary Work – Creative Worker route, Religious Worker route and Temporary Work under International Agreements for private servants in diplomatic households, employees of overseas governments and international organisations.
Youth Mobility Scheme is a cultural exchange programme which allows your people aged under 30 to work in the UK for up to 2 years. More favourable conditions are offered for citizens of Australia, Canada, New Zealand and the Republic of Korea lowing the age limit to 35 and extending maximum duration of the visa to 3 years.
There is no time limit for the main type of Work Permit which is the Skilled Worker immigration route. A visa is issued for the required duration of sponsorship which can be anything up to 5 years. Normally, the sponsored worker would be eligible for indefinite leave to remain after 5 years of residence and will not need an extension.
If, for whatever reason, an extension is required, the visa can be extended for as long as the worker is required by the sponsor.
Temporary routes under the Global Business mobility scheme have a maximum permitted period. Each route has its own maximum duration but overall time allowed under a combination of Global Business Mobility options is up to 5 years within any y-year period. Global business mobility does not lead to settlement. A worker required beyond the maximum permitted period has to be sponsored under the Skilled Worker route.
For the Skilled Worker route the requirements are as follows:
- A valid certificate of sponsorship from a sponsor licence holder
- Knowledge of English to B1 level in speaking, listening, reading and writing
- Maintenance requirement can be certified by the sponsor
- Some occupations required a CRB certificate (criminal history check)
- Depending on the country of residence of the sponsored worker at the time of application, a TB screening may be required
Global Business Mobility routes have their route-specific requirements, but generally each requires a valid certificate of sponsorship from a UK-based sponsor.
It is recommended to consult with immigration lawyers with regard to each specific sponsorship project.
Language requirements apply for the Skilled Worker route but not for the Global Business Mobility or other Temporary Worker routes.
Skilled Worker route requires B1 level SELT in four components – reading, writing, speaking and listening.
Only Youth Mobility Scheme is subject to quotas or maximum total allocation of places available for use by nationals of participating countries. These are listed annually in the Immigration Rules, Appendix Youth Mobility Scheme: eligible nationals.
N/A.
Formal and documentary requirements for each type of permit are set out in a corresponding guidance by the Home Office. Each guidance is between 50 and 250 page long and it’s not practicable to summarise them in this forum.
The main thrust of the documentary and formal requirement is a valid certificate of sponsorship where applicable, evidence of meeting the language requirement where applicable, maintenance requirement where applicable, evidence of TB screening where applicable and criminal record, again if applicable.
Skilled Worker visa fees depend on whether the application is made in the UK or from outside the UK, on the duration of the proposed sponsorship, and also on whether the occupation is listed in the Immigration Salary List (formerly known as the Shortage Occupation List).
In addition to the visa fee, Immigration Health Surcharge is payable at the time of applying at the rate of £1035 per each year of sponsorship. Short term visas of less than 6 months are exempt from the Immigration Health Surcharge.
The sponsor, normally the UK-based employer, has to assign to the prospective employee as certificate of sponsorship. This certificate is used in the visa application.
The employer has to have a valid sponsor licence in the required category. If the employer doesn’t have a licence or their licence is not in the right category, they have to apply for a licence first.
If the migrant is applying for permission to enter from overseas, the employer has to request a defined certificate of sponsorship from the Home Office before this certificate can be assigned to a specific migrant and used in a visa application.
A defined certificate of sponsorship is linked to a certain job, salary and the weekly hours of the prospective employee, but does not have to be assigned to a specific individual. Once the certificate is obtained, the employer has 3 months to assign to the prospective employee and then the prospective employee has 3 months to submit an application for entry clearance.
Applications for entry clearance normally take up to 3 weeks but can be expedited for an extra fee.
UK does not operate Work Permit scheme but issues visas or permissions to stay in the appropriate immigration route permitting employment. Incompliance with the conditions attached to the specific type of visa may lead to visa curtailment and request to leave the UK.
Settlement can be obtained on completion of a requisite period of time in an eligible immigration route. The requisite period of time is normally five years, although accelerated settlement is available for Global Talent visa holders and innovators.
There is a general requirement to show knowledge of the English language to B1 standard and to pass the Life in the UK test.
There are specific requirements associated with each type of immigration route leading to settlement.
Commonwealth citizens, and holders of British nationality overseas, as well as citizens of Zimbabwe and Malta may be eligible to apply for an ancestry visa if they have a UK-born grandparent.
Ancestry visa allows working and studying in the UK without restrictions.
Dependants of the ancestry visa holders have significant advantages in comparison to other dependant visa holders, including family members of British citizens.
This depends on the immigration route leading to settlement. All applicants have to show knowledge of English and pass the Life in the UK test.
The application fee is £2885.
The application for settlement is made online. Once the application is submitted and the supporting documents are uploaded on the government portal the applicant has to attend a biometric appointment. Sometimes, biometrics may be submitted electronically – this service is being rolled out in stages and is currently available to nationals of some countries with a biometric current passport.
The applicant may not travel outside the UK while the application is under consideration. The standard processing time is up to 6 months. Priority service is available for an addition fee of £1000. A decision with a priority application is normally made within 24 hours after the biometric appointment.
For EU citizens who were resident in the UK before 31 December 2020 and hold a pre-settled status, the procedure of applying for settlement is much simplified. The application is made online and is free of charge. The applicants have to show that they have lived in the UK continuously for 5 years.
EU citizens who moved to the UK after 31 December 2020 are subject to the general immigration rules and settlement application process is the same as for everyone else.
Dependants are the partner of the applicant and children under the age of 18. Partner can be the spouse of civil partner or unmarried partner in a durable relationship which subsisted for at least two years.
Children may only apply if both parents are applying for the visa or if the main applicant has the sole responsibility for the child.
Children over 18 may apply for extension of their visa in line with the main applicant if their initial application for the visa was made when they were under 18.
Dependants have the right to work and study in the UK, they can also do self-employed work or start a business.
There is no discrimination against same-sex partners. Civil partners are treated in the same way as married couples. Unmarried couples have to show that they have lived together for 2 years as proof of durable relationship.
Global business mobility scheme offers two routes for intra-company transfers: senior or specialist worker and graduate trainee.
Senior or specialist worker have to have worked for the business for at least 12 months unless they are high earners with a salary package in the UK of at least £73,900 for up to 48 hours per week.
General salary threshold for this route is £48,500.
The employer is exempt from the Immigration Skills Charge if the spondee is an EU national or a Latvian non-citizen passport holder and sponsorship is for up to 3 years.
Graduate trainee route offers up to 12 months of training in the UK under structured graduate training programme leading to a senior management or specialist position within an affiliated overseas business.
Global business mobility route does not lead to settlement. If the worker wishes to settle in the UK or is required in the UK on a long-term basis, Skilled Worker visa may be the preferred option which also leads to settlement after 5 years.
Maximum time allowed under the Global Business mobility scheme (in combination of all available routes) is 5 years in any 6-year period. High earners with a salary package of not less than £73,900 per year can be sponsored for up to 9 years in any 10-year period.
A sponsored worker under the Global Business Mobility scheme can switch into the skilled worker route provided the sponsor has the necessary sponsor licence.
The employer must have a relevant licence to sponsor worker in the given immigration route.
The documentary requirements will depend on the specific type of licence and the circumstances of the sponsor. You can book a zoom consultation to discuss this using this link:
https://calendly.com/kadmosimmigration/in-depth-immigration-advice
| Type of licence | Fee for small or charitable sponsors | Fee for medium or large sponsors |
|---|---|---|
| Worker | £536 | £1,476 |
| Temporary Worker | £536 | £536 |
| Worker and Temporary Worker | £536 | £ 1,476 |
| Add a Worker licence to an existing Temporary Worker licence | No fee | £940 |
| Add a Temporary Worker licence to an existing Worker licence | No fee | No fee |
UK permits are issued in the form of a sponsor licence for the employer and relevant type of visa for the employee.
Once the employer has a licence, they can sponsor as many workers as they need – although some types of licences may restrict the numbers (such as Global Business Mobility licence which allows up to 5 workers in the UK).
The employer has to assign the worker a certificate of sponsorship which will enable the worker to make a visa application. The certificate of sponsorship will define the duration of the visa, the type of work, the working hours and remuneration for the employee.
There is no requirement to demonstrate that a suitable worker could not be found in the UK. However, the employer has to show that there is a genuine vacancy and that the job was not created for the purpose of facilitating immigration to the UK.
N/A
The most common type of sponsorship is the Skilled Worker route. The employer has to have a sponsor licence and the job has to be in a skilled occupation with remuneration above the prescribed threshold.
No.
Skilled Workers can apply for indefinite leave to remain after five years of continuous residence with permission as a Skilled Worker.
Business is required to have a sponsor licence in the relevant category to sponsor a worker from overseas. Any genuine business with a genuine need for a sponsored worker and available vacancy may apply for a licence. Business may be disqualified if they have a history of immigration offences. If an application for a sponsor licence is refused, a cooling off period of 6 months may apply.
It is best to be represented in the application for a sponsor licence as refusal may lead to a cooling off period and complicate any further applications.
The employer has to follow strict procedures with regard to record keeping and report to the Home Office any relevant events or changes.
No, there are no training requirements for sponsors but they have to be familiar with sponsor duties and applicable procedures.
The Home Office may visit any licenced business and check their records and right to work of the employees. Incompliance with the sponsor duties may lead to the licence being downgraded, suspended or revoked. The Home Office may also apply civil penalties of up to £29,000 for each illegal worker.
The current trend is to raise eligibility threshold for overseas workers by restricting sponsorship in lower paid occupations.
There is also a tendency to restrict the option of bringing dependants. From the beginning of 2024 students below post-graduate level are not allowed to have their family members with them. Similarly, there is no possibility of bringing dependents for graduates staying in the UK on completion of studies.
Care workers were also restricted in their right to bring their dependents earlier this year.
This trend may continue to extend to other professions and other immigration routes.
It is extremely important to plan your steps in advance. Immigration lawyers will be happy to work out the most effective immigration plan for your needs if you know what workers you need to hire, what jobs they will have to do, how long you will need them for and how much money you are planning to pay them.
To book a zoom consultation, use this link: https://calendly.com/kadmosimmigration/in-depth-immigration-advice
