Immigration

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 decisions on applications for permissions to enter and stay in the UK.

Immigration Enforcement (IE) is part of the Home Office responsible for preventing abuse of the immigration system and pursuing compliance with immigration offenders.

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.

Successive governments in the UK are competing in their endeavours to restrict legal migration and make Britain less attractive for workers from overseas.

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.

Non-visa nationals need an Electronic Travel Authorisation (ETA) to travel to the UK for up to six months for a family visit, research, medical treatment or a business visit. This applies to EU citizens, USA, Canada, Australia and other countries.

Visa nationals have to apply for a visitor visa. Visa nations are listed in the Immigration Rules, Appendix Visitor: Visa National List.

There is a list of permitted general business activities, intra-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:

1. attend meetings, conferences, seminars, interviews; and
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; and
3. negotiate and sign deals and contracts; and
4. attend trade fairs, for promotional work only, provided the Visitor is not directly selling; and
5. carry out site visits and inspections; and
6. gather information for their employment overseas; and
7. be briefed on the requirements of a UK based customer, provided any work for the customer is done outside of the UK; and
8. 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.

From July 2025, the minimum skill level has been raised to NQF6 and the general minimum salary threshold to £41,700. There is also an occupation specific minimum salary threshold and the higher of the two applies.

Transitional arrangements apply for workers who held a skilled worker visa before 1 July 2025. They can continue to be sponsored in the lower skills occupations.

A so called “Temporary Shortage List” adds some 50 occupations at RQF levels 3-5 which remain available for new applications. These temporary arrangements are expected to remain in place up to the end of 2026.

Skilled Worker route allows supplementary and secondary employment as long as the worker continues to work for their main sponsor. The rules on supplementary and secondary employment are restrictive as to the type and hours of work. An additional CoS is required for secondary employment.

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 and do not lead to settlement. 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 6-year period. 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. This will go up to B2 level from January 2026.
• 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. This requirement will be raised to B2 level from 8 January 2026.

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.

There are transitional arrangements which apply to jobs at NQF level 3 – 5 which were part of the Skilled Occupation list before July 2025. Workers who held a skilled worker visa before July 2025 can continue to rely on the rules as existed prior to the changes (subject to the current salary level) even if they change employer and/or occupation.

Temporary Shortage Occupation list allows employment in some lower skill level occupations (NQF 3-5) which are not included in the new Skilled Occupations list. It is expected that this list will be functional at least until the end of 2026.

There are no immigration options addresses specifically for investors or high net-worth individuals.

For the Skilled Worker visa the applicant requires a valid certificate of sponsorship, evidence of meeting the language requirement, maintenance requirement, TB screening where applicable and criminal record, again if applicable.

Skilled Worker visa fees depend 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, a UK-based employer with a Skilled Worker Sponsor Licence, has to assign a Certificate of Sponsorship to the prospective employee. This certificate is used in the application for permission to enter or permission to stay.

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.

If the worker is already in the UK, the employer can use an undefined certificate of sponsorship. Each company may have a number of pre-issued undefined certificates of sponsorship which they may assign as and when needed.

Skilled Worker visa allows the worker to work for the sponsor in accordance with the assigned certificate of sponsorship which specifies the number of hours per week, the type of job and salary.

In addition, the worker may take secondary and supplementary employment. Supplementary or secondary employment has to be in one of the skilled occupations listed in the table of skilled occupations which applies to the worker. Different tables apply if the worker held a skilled worker visa before 1 July 2025 or if the first skilled worker visa was granted after this date.

Settlement, or indefinite leave to remain, 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 between the age of 18 and 65 have to show knowledge of English and pass the Life in the UK test.

As of October 2025, the government fee for an ILR application is £3029. Applications for settlement made under the EU settlement scheme are free of charge.

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 simpler. 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. There is no restriction on travelling outside the UK while the application for settled status is pending

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 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.

Employees of an overseas branch may be sponsored under the general Skilled Worker scheme by the UK based branch of the business. However, in this case they have to be paid in the UK.

A set of rules assembled under the Global Business Mobility umbrella cater for employees of overseas businesses with business interests in the UK.

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 £52,500.

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 a sponsor licence in this category.

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

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 Expansion Worker licence within the Global Business Mobility route 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 (currently £41,700, or £33,400 for new entrants).

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.

Employing illegal workers is a criminal offence punishable with up to 5 years in prison. The Home Office may also apply civil penalties of up to £60,000 for each illegal worker.

Illegal workers include those whose leave to enter or remain expired, those who entered the UK illegally or using false papers.

The current trend is to restrict legal migration by making the requirements for work permitting visas more stringent, both for the employers and employees. This includes raising salary thresholds, limiting the scope of eligible occupations, raising the English language requirement etc. There is also a growing tendency of making the UK less attractive to workers from abroad.

Steps have been taken 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 are no longer allowed to bring their dependents unless their first application as care workers was made under the rules in place before March 2024.

This trend may continue to extend to other professions and other immigration routes.

There are plans to introduce the English language test for dependants of Skilled Workers and temporary visa holders equivalent to the English language requirements for partners of British citizens.

We recommend businesses to act fast as the immigration rules become more and more restrictive.

So far, the changes have not been applied retrospectively and those who have been admitted on an existing immigration route are allowed by transitional arrangements to continue to rely on the same set of rules.

The number of transitional arrangements grows with every set of changes and the rules become more complex. It is important to keep on top of the requirements and act fast if you have identified the workers you need.

We recommend seeking legal advice to check if the job is eligible for sponsorship, the minimum salary it requires and any restrictions that may apply. To book a zoom consultation, use this link: https://calendly.com/kadmosimmigration/in-depth-immigration-advice