1. Legal framework
1.1 Which legislative and regulatory provisions govern corporate immigration in your jurisdiction?
The Immigration and Nationality Act 1971 empowers the secretary of state for the Home Department to regulate admission to the United Kingdom of persons subject to immigration control.
The Immigration Rules are a collection of codified rules and procedures covering all aspects of immigration to the United Kingdom. They 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 United Kingdom must 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 experienced immigration lawyers and find out the best immigration route that fits your requirements, both immediately and in the long term.
1.2 Do any special regimes apply in specific sectors?
The most common immigration option for non-British workers is the Skilled Worker route. No special regimes are available for specific sectors, with the exception of the health and care sector, where applicants are exempt from the immigration health surcharge – the costliest part of the visa application process.
The Skilled Worker route also offers less stringent minimum pay requirements for professions on the Immigration Salary List (comprising a small proportion of what was previously the Shortage Occupation List). These occupations vary in different locations in the United Kingdom, 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 that is covered by an eligible trade agreement. Eligible trade agreements and sectors are listed in the Home Office guidance.
1.3 Which government entities regulate immigration in your jurisdiction? What powers do they have?
UK Visas and Immigration (UKVI) is part of the Home Office and is responsible for the enforcement of the rules.
UKVI has wide powers to prevent and punish illegal working. Employers can face:
- a civil penalty of up to £45,000 per illegal worker for first-time offenders; and
- potentially, criminal charges punishable with imprisonment and unlimited fines.
1.4 What is the government's general approach to immigration in your jurisdiction?
Immigration is subject to strict regulation and control. It is very important to follow the correct procedure to avoid penalties and ensure the smooth operation of your business.
It is mandatory for employers to conduct 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 must be done online in most circumstances, including where the employer is acting as the sponsor of the worker and has been directly involved in the visa application process.
2. Business travel
2.1 Do business visitors need a visa to visit your jurisdiction? What restrictions and exemptions apply in this regard?
Generally, non-visa nationals do not require a visa to visit the United Kingdom, 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 wish to apply for a visa in advance of travel.
It may also be advisable to make a visit visa application if a non-visa national:
- is planning a succession of frequent visits; or
- may spend more than 180 days in the United Kingdom within in a 12-month period.
2.2 Do the requirements vary depending on sector or purpose?
There are lists of:
- permitted general business activities;
- permitted intra-corporate activities; and
- permitted activities for:
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- manufacturers and suppliers of goods and clients of UK export companies;
- lawyers;
- academics;
- interpreter;
- journalists;
- producers; and
- camera operators.
There is also a list of prohibited activities which includes work for organisation or business in the United Kingdom.
The rules on 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 clearly falls within the list of permitted activities for a visitor.
2.3 What is the maximum stay allowed for business visitors?
Business visitors are allowed to stay in the United Kingdom for up to six months. However, visiting academics may be granted entry clearance for up to 12 months.
2.4 What activities are business visitors allowed to conduct while visiting your jurisdiction?
Under the immigration rules, visitors may:
- attend meetings, conferences, seminars and interviews;
- give a one-off talk or speech or a short series of talks or speeches, provided that these are not organised as commercial events and will not make a profit for the organiser;
- negotiate and sign deals and contracts;
- attend trade fairs for promotional work only, provided that the visitor is not directly selling at the event;
- carry out site visits and inspections;
- gather information for their employment overseas;
- be briefed on the requirements of a UK-based customer, provided that any work for the customer is done outside of the United Kingdom; and
- undertake activities relating to his or her employment overseas remotely from within the United Kingdom, provided that this is not the primary purpose of his or her visit
There are also lists of:
- intra-corporate permitted activities; and
- activities relating to specific sectors, such as:
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- science and academia;
- the creative sectors; and
- the legal sectors.
2.5 Is authorisation required for business visitors to provide or receive short-term training?
Short-term training is allowed within the intra-corporate context, but the rules may be quite complex, especially if the proposed training is to be carried out in the workplace. Internships and work placements are specifically included on the lists of prohibited activities for visitors and require a different type of visa.
3. Work permits
3.1 What are the main types of work permit in your jurisdiction? What restrictions and exemptions apply in this regard?
The main type of work permit is obtained through the Skilled Worker route. This requires sponsorship by 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, the salary requirements are quite high, with a general minimum threshold of £38,700. There is also an occupation-specific minimum salary threshold and the higher of the two will apply.
The Skilled Worker route allows supplementary employment, but not self-employment. There are no restrictions 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 available under the Global Business Mobility Scheme.
Senior and specialist workers and trainees can be sponsored within the context of intra-corporate transfers.
For businesses that wish to establish an operative branch or subsidiary in the United Kingdom, up to five work permits can be applied for under the UK Expansion Worker route.
UK Service Supplier and Secondment Worker permits are other types of work permits for provision of contractual services from overseas. The Service Supplier route operates in the context of eligible international trade agreements. The Secondment Worker route is for large-scale projects worth at least £50 million in total and at least £10 million a year.
Other available routes include:
- the Temporary Work – Creative Worker route;
- the Religious Worker route; and
- the Temporary Work under International Agreements route for:
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- private servants in diplomatic households; and
- employees of overseas governments and international organisations.
The Youth Mobility Scheme is a cultural exchange programme which allows people aged under 30 to work in the United Kingdom for up to two years. More favourable conditions are offered for citizens of Australia, Canada, New Zealand and South Korea, lowering the age limit to 35 and extending the maximum duration of the visa to three years.
3.2 What is the maximum stay allowed under each type of work permit? Can this be extended?
There is no time limit for the main type of work permit, which is available through the Skilled Worker immigration route. A visa is issued for the required duration of sponsorship, which can be anything up to five years. Normally, the sponsored worker will be eligible for indefinite leave to remain after five 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 the overall time allowed under a combination of Global Business Mobility options is up to five years within any y-year period. The Global Business Mobility scheme does not lead to settlement. A worker required beyond the maximum permitted period must be sponsored under the Skilled Worker route.
3.3 What criteria must be satisfied to obtain each kind of permit?
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;
- satisfaction of the maintenance requirement, which can be certified by the sponsor;
- for some occupations, a criminal record check; and
- depending on the country of residence of the sponsored worker at the time of application, a tuberculosis screening.
The Global Business Mobility routes have their own 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 on each specific sponsorship project.
3.4 Do any language requirements apply for each kind of permit?
Language requirements apply for the Skilled Worker route but not for the Global Business Mobility or other Temporary Worker routes.
The Skilled Worker route requires B1 level secure English language test in four components – reading, writing, speaking and listening.
3.5 Are any work permits subject to quotas?
Only the 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.
3.6 Do any specific rules apply with regard to the following:
(a) Work in specific sectors?
N/A.
(b) Shortage occupations?
N/A.
(c) Highly skilled workers?
N/A.
(d) Investors and high-net worth individuals?
N/A.
3.7 What are the formal and documentary requirements for obtaining each kind of permit?
The formal and documentary requirements for each type of permit are set out in corresponding guidance issued by the Home Office. Each guidance document is between 50 and 250 pages long, so it is not practicable to summarise them in this Q&A.
The main documentary and formal requirements include:
- a valid certificate of sponsorship, where applicable;
- evidence of meeting the language requirements, where applicable;
- satisfaction of the maintenance requirement, where applicable;
- evidence of tuberculosis screening, where applicable; and
- a criminal record check, again where applicable.
3.8 What fees are payable to obtain each kind of permit?
The Skilled Worker visa fees depend on:
- whether the application is made from within the United Kingdom or from outside the United Kingdom;
- the duration of the proposed sponsorship; and
- whether the occupation is listed on the Immigration Salary List (formerly known as the Shortage Occupation List).
In addition to the visa fee, an immigration health surcharge is payable at the time of applying at the rate of £1,035 per each year of sponsorship. Short-term visas of less than six months are exempt from the immigration health surcharge.
3.9 What is the process for obtaining a permit? How long does this typically take?
The sponsor – normally the UK-based employer – must assign to the prospective employee a certificate of sponsorship. This certificate is used in the visa application process.
The employer must have a valid sponsor licence in the relevant category. If the employer does not have a licence or if its licence is not in the right category, it must apply for a licence first.
If the migrant is applying for permission to enter from overseas, the employer must 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 it need not be assigned to a specific individual. Once the certificate is obtained, the employer has three months to assign to the prospective employee and then the prospective employee has three months to submit an application for entry clearance.
Applications for entry clearance normally take up to three weeks but can be expedited for an extra fee.
3.10 Once a work permit has been obtained, what are the rights and obligations of the permit holder? What are the penalties in case of breach?
The United Kingdom does not operate a work permit scheme, but issues visas or permissions to stay through the appropriate immigration route permitting employment. Non-compliance with the conditions attached to the specific type of visa may lead to visa curtailment and a request to leave the United Kingdom.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.