UK: Immigration Comparative Guide

1 Legal framework

1.1 Which legislative and regulatory provisions govern corporate immigration in your jurisdiction?

Immigration law in the United Kingdom – and more specifically, corporate immigration in the United Kingdom – is broadly covered by the Immigration Rules.

The Immigration Act 1971 provides the secretary of state with statutory power to lay before Parliament rules or any changes to the rules as he or she sees fit.

Over the years, the Immigration Rules have been changed on numerous occasions to reflect the immigration policy at the time. The rules are supplemented by guidance which holds more or less the same status as the rules and is intended to complement them and provide guidance where there is ambiguity.

In addition to the Immigration Rules, case law and primary legislation also govern the corporate immigration spectrum.

1.2 Do any special regimes apply in specific sectors?

Corporate immigration is mainly covered by the Points-Based System under the Immigration Rules; while other work-based and family categories are covered by the Immigration Rules and not by the Points-Based System.

1.3 Which government entities regulate immigration in your jurisdiction? What powers do they have?

UK Visas and Immigration – an arm of the Home Office, which is governed by the secretary of state – regulate and is responsible for the immigration system in the United Kingdom. UK Visas and Immigration has all the powers it needs to enforce the rules, including the power to:

• refuse visa applications to enter or remain in the United Kingdom;
• temporarily or permanently ban someone from entry to the United Kingdom;
• enforce fines; and
• remove the ability to sponsor workers.

1.4 What is the government's general approach to immigration in your jurisdiction?

The general approach to immigration fluctuates according to the court of public opinion. Immigration is and always has been a highly politicised area of the law; and despite the United Kingdom's need for skilled labour, consecutive governments have made it increasingly difficult and expensive for skilled workers, investors and entrepreneurs to come to the United Kingdom. The approach to immigration remains, unfortunately, one of hostility.

2 Business travel

2.1 Do business visitors need a visa to visit your jurisdiction? What restrictions and exemptions apply in this regard?

Business visitors are covered by the standard visit visa rules.

Individuals who are considered ‘non-visa nationals' are not required to apply for a visa and are either granted or refused entry at the border. Most other applicants (visa nationals) are required to apply for a visit visa before they travel to the United Kingdom.

This will usually involve providing an explanation on the purpose of the visit to the United Kingdom and submitting to a means and intentions-based assessment.

While ‘work' is generally prohibited under the visit visa rules, certain business activities are permitted. These include:

• attending meetings, conferences, seminars and interviews;
• giving a one-off or short series of talks and speeches, provided that these are not organised as commercial events and will not make a profit for the organiser;
• negotiating and signing deals and contracts;
• attending trade fairs, for promotional work only, provided that the visitor is not directly selling at the fair;
• carrying out site visits and inspections;
• gathering information for an overseas employer; and
• being briefed on the requirements of a UK-based customer, provided that any work for the customer is done outside of the United Kingdom.

An employee of an overseas-based company may advise and consult, troubleshoot, provide training and share skills and knowledge on a specific internal project with UK employees of the same corporate group, provided that no work is carried out directly with clients.

There are also certain activities that people in certain industries can carry out – for example:

• scientists and academic scientists and researchers may:
• • gather information and facts for a specific project which directly relates to their employment overseas, or conduct independent research; and
  • share knowledge or advise on an international project that is being led from the United Kingdom, provided that the visitor is not carrying out research in the United Kingdom;
• academics may:
• • take part in formal exchange arrangements with UK counterparts (including doctors);
  • conduct research for their own purposes if they are on sabbatical leave from their home institution; and
  • if they are an eminent senior doctor or dentist, take part in research, teaching or clinical practice, provided that this does not amount to filling a permanent teaching post;
• in the legal field:
• • expert witnesses may visit the United Kingdom to give evidence in a UK court, while other witnesses may attend a court hearing in the United Kingdom if summoned in person by a UK court; and
  • overseas lawyers may advise a UK-based client on specific international litigation and/or an international transaction;
• religious workers overseas may visit the United Kingdom to preach or do pastoral work;
• artists, entertainers and musicians may:
• • give performances as an individual or as part of a group;
  • take part in competitions or auditions;
  • make personal appearances and take part in promotional activities; and
  • take part in one or more cultural events or festivals on the list of permit free festivals in the Appendix Visitor: Permit Free Festival List;
• personal and technical staff and members of the production team of an artist, entertainer or musician may support the activities listed above, provided that they are:
• • attending the same event as the artist, entertainer or musician; and
  • employed to work for him or her outside of the United Kingdom;
• film crews (actors, producers, directors and technicians) employed by an overseas company may visit the United Kingdom to take part in a location shoot for a film or programme or other media content that is produced and financed overseas;
• sportspeople may:
• • take part in a sports tournament or sports event as an individual or part of a team;
  • make personal appearances and take part in promotional activities;
  • take part in trials, provided that these are not in front of a paying audience;
  • take part in short periods of training, provided that they are not being paid by a UK sporting body; and
  • join an amateur team or club to gain experience in a particular sport if they are an amateur in that sport; and
• personal and technical staff of sportspeople, and sports officials, may support the activities in, if they are attending the same event as the sportsperson. Such personal and technical staff must be employed to work for the sportsperson outside the United Kingdom.

All visitors – business or otherwise – can stay in the United Kingdom for up to six months from the time they enter the country.

2.2 Do the requirements vary depending on sector or purpose?

No answer submitted for this question.

2.3 What is the maximum stay allowed for business visitors?

No answer submitted for this question.

2.4 What activities are business visitors allowed to conduct while visiting your jurisdiction?

No answer submitted for this question.

2.5 Is authorisation required for business visitors to provide or receive short-term training?

No answer submitted for this question.

3 Work permits

3.1 What are the main types of work permit in your jurisdiction? What restrictions and exemptions apply in this regard?

A number of categories under the immigration rules allow work to be conducted, including students and people on family visas. Work permits, however, generally refer to the sponsored worker route.

Skilled Worker visa: As the name suggests, the Skilled Worker visa is intended to enable skilled workers to come to the United Kingdom in a sponsored capacity. Businesses in the United Kingdom can apply for a sponsor licence and, where necessary, fill vacancies for skilled workers by overseas nationals.

Intra-company visa: This allows workers of overseas businesses to send members of their staff to a UK branch to work there.

Tier 1 Investor visa: This requires applicants to invest a minimum of £2 million in UK bonds and equities for up to five years. Once invested, applicants are free to live, work and study in the United Kingdom. Dependants (spouses and children under 18) can also apply and enjoy the same rights.

Sole Representative visa: An overseas business may send a senior employee to the United Kingdom to oversee the growth and expansion of a UK branch of its business in the United Kingdom.

Graduate visa: A Graduate visa gives an applicant permission to stay and work in the United Kingdom for any employer for at least two years after successfully completing a bachelor's or master's degree in the United Kingdom.

Youth mobility: 18 to 30-year-olds from certain countries (eg, Australia, Canada, New Zealand) can come to the United Kingdom to work for up to two years.

Government-authorised exchange: Applicants can apply for a visa for up to 12 months for work experience or to do training or complete an overseas government language programme, conduct research or undertake a fellowship through an approved government-authorised exchange scheme

Frontier Worker scheme: EU nationals who live in the European Union but spend time working in the United Kingdom for short periods can apply for a permit under the Frontier Worker scheme.

Applicants must normally have already been working in the United Kingdom prior to 31 December 2020 in order to apply.

Global Talent visa: An applicant can apply for a Global Talent visa to work in the United Kingdom if he or she is a leader or potential leader in one of the following fields:

• academia and research;
• arts and culture; and
• digital technology

These fields are quite broad and include the film, media, literature, fashion design and music industries.

Start-up/Innovator visa: Start-up and Innovator visas both allow an applicant to apply for a visa to set up and run an innovative business in the United Kingdom. The Start-up visa is aimed at budding entrepreneurs, while the Innovator visa is aimed at more experienced entrepreneurs. Both routes require applicants to have an innovative new idea which:

• is both scalable and viable; and
• has the approval of an independent government-approved endorsing body.

3.2 What is the maximum stay allowed under each type of work permit? Can this be extended?

There is no maximum period of stay under:

• the Skilled Worker visa;
• the Tier 1 Investor visa;
• the sole representative route; and
• the Intra-company visa.

When applicants are sponsored, they are usually sponsored for a maximum period of five years at a time. This can be extended if the applicant does not qualify for permanent residence at the end of the five-year period.

3.3 What criteria must be satisfied to obtain each kind of permit?

Note this will be very detailed for every type of UK visa available and not really practical for this type of guide!

3.4 Do any language requirements apply for each kind of permit?

No answer submitted for this question.

3.5 Are any work permits subject to quotas?

Although previous governments have imposed quotas on the number of applicants being sponsored, there are currently no limits on the number of people that may apply under the various worker routes.

3.6 Do any specific rules apply with regard to the following:
(a) Work in specific sectors?
(b) Shortage occupations?
(c) Highly skilled workers?
(d) Investors and high-net worth individuals?

No answer submitted for this question.

3.7 What are the formal and documentary requirements for obtaining each kind of permit?

No answer submitted for this question.

3.8 What fees are payable to obtain each kind of permit?

No answer submitted for this question.

3.9 What is the process for obtaining a permit? How long does this typically take?

No answer submitted for this question.

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?

No answer submitted for this question.

4 Settlement

4.1 What are the criteria for obtaining settlement in your jurisdiction? What restrictions apply in this regard?

Most working categories will lead to settlement after a continuous period of five years' residence in the United Kingdom. In addition to the residence requirements, applicants must meet the substantive requirements of their visa – for example, a skilled worker sponsored by an organisation in a certain role on a certain salary must remain employed in that position in that category.

Finally, in almost all settlement applications, applicants must complete the Life in the UK test and English language tests.

4.2 Do any specific rules apply to foreign citizens with ancestral connections?

Foreign citizens with ancestral connections can apply under the Ancestral visa. This is normally limited to applicants who are:

• Commonwealth citizens;
• British overseas citizens;
• British overseas territories citizens;
• British nationals (overseas); or
• citizens of Zimbabwe.

4.3 What are the formal and documentary requirements for obtaining settlement?

Applicants applying for settlement must normally evidence their residence in the United Kingdom and provide:

• evidence of their residence in the United Kingdom;
• passports held during their stay in the United Kingdom;
• evidence of completion of the Life in the UK test and their English language ability; and
• evidence that they meet the substantive aspects of their visas.

4.4 What fees are payable to obtain settlement?

The current fee for settlement is £2,389.

4.5 What is the process for obtaining settlement? How long does this typically take?

The process involves:

• making an online application;
• uploading the supporting evidence; and
• providing biometrics.

The timeframes generally depend on the route for settlement and can take anywhere between one week and six months.

4.6 Is the settlement process the same for EU citizens?

EU citizens who have pre-settled status in the United Kingdom can apply for settled status after completing five years' residence in the United Kingdom. While they must complete the online application and provide evidence in support of their applications, they are not required to pay a fee.

5 Dependants

5.1 What are the criteria to qualify as a dependant? What restrictions apply in this regard?

Dependants can apply at the same time as or after the main applicant. Dependants in most work categories must also complete five years' residence in the United Kingdom; and adult dependants must also complete the Life in the UK and English language tests.

5.2 What rights do dependants enjoy once admitted as such?

Dependants are free to live, work and study in the United Kingdom.

5.3 How are civil/unmarried partners and same-sex partners treated in this regard?

Civil/unmarried partners must provide evidence of their relationship in the form of cohabitation for at least two years before they can apply. The same applies for same sex-partners.

6 Intra-company transfers

6.1 Is there a specific regime for the transfer of employees from an overseas branch of a multinational to your jurisdiction?

Overseas employees of existing UK businesses may come to the United Kingdom on an Intra-company visa as long as the UK branch has a licence that enables it to sponsor employees.

An overseas employee of an international business setting up its first presence in the United Kingdom can transfer on a Representative of an Overseas Business visa.

6.2 What is the maximum stay allowed under this regime? Can this be extended?

There is no maximum stay allowed under this regime and the visa can be extended for as long as necessary.

6.3 What criteria must the employer satisfy to obtain a permit under this regime?

Before an employer can sponsor someone under the Intra-company regime, it requires a licence. In order to obtain a licence, it must satisfy the Home Office that, as an organisation, it has adequate HR and recordkeeping processes in place and can be trusted as an organisation to sponsor overseas employees.

6.4 What are the formal and documentary requirements to obtain a permit under this regime?

In order to apply for a licence, an organisation must provide certain information and documentation, including:

• details of why it is applying for a sponsor licence and the sector in which it operates; and
• a hierarchy chart detailing all owners, directors and board members. For organisations with 50 or fewer employees, the names and job titles of all individuals within the company must be stated.

Any four of the following documents must also be provided:

• the company's latest audited annual accounts;
• the employer's liability insurance certificate for at least £5 million from an authorised insurer;
• a certificate of value added tax (VAT) registration and the latest VAT return confirming the company's VAT registration number;
• the latest corporate/business bank statement and/or a letter from the bank setting out the dealings it has had with the company, including the nature and duration of those dealings;
• the latest notice to file a company tax return (CT603 and Company Tax Return CT600);
• proof of ownership of the company's business premises or proof of lease of its business premises;
• evidence of registration with Her Majesty's Revenue & Customs as an employer to pay pay as you earn (PAYE) tax and national insurance, with proof of its PAYE reference number and accounts office reference number; and
• an affidavit confirming the company's ownership structure and its relationship with the overseas branch.

6.5 What fees are payable to obtain a permit under this regime?

The fee is £536 for a small sponsor or £1,408 for a large sponsor.

A company is usually a small sponsor if two of the following criteria apply:

• annual turnover of £10.2 million or less;
• total assets of £5.1 million or less; and
• 50 employees or fewer.

6.6 What is the process for obtaining a permit? How long does this typically take?

A sponsor licence can take approximately eight weeks to obtain. The process involves submitting an online application followed by emailing supporting documents.

7 New hires

7.1 Are employers in your jurisdiction bound by labour market testing requirements before hiring from overseas? Do any exemptions apply in this regard?

Labour market tests are no longer required, although it is good practice to keep a record of all recruitment carried out to fill a role.

7.2 If labour market testing requirements apply, how are these satisfied and what best practices should employers follow in this regard?

No answer submitted for this question.

7.3 Which work permits are primarily used for new hires? What is the process for obtaining them and what fees are applicable, for both employer and employee?

No answer submitted for this question.

7.4 Is labour market testing required if the new hire is to extend his or her residence?

No answer submitted for this question.

7.5 Can new hires apply for permanent residence?

No answer submitted for this question.

8 Sponsorship

8.1 Are any licences or authorisations required to sponsor foreign nationals? What other criteria apply in this regard?

No answer submitted for this question.

8.2 What obligations do sponsoring employers have to ensure continued immigration compliance?

No answer submitted for this question.

8.3 Are sponsoring employers subject to any local training requirements?

No answer submitted for this question.

8.4 How is compliance with the sponsorship regime monitored? What are the penalties for non-compliance?

No answer submitted for this question.

9 Trends and predictions

9.1 How would you describe the current immigration landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

Immigration has generally become quite restrictive for entrepreneurs and investors. However, the new sponsorship regime has made it easier for employers seeking to recruit talent. Other positive measures include the anticipated introduction in Spring 2022 of a new Global Business Mobility regime, which looks like it will encompass the Intra-Company, Sole Representative and visit visa routes to allow employees of overseas companies to come to the United Kingdom to work on specific projects or help with the expansion of the business in the United Kingdom.

10 Tips and traps

10.1 What are your top tips for businesses seeking to recruit talent from abroad and what potential sticking points would you highlight?

Maintain comprehensive records and invest in internal policies. As long as the HR function performs well in terms of recruitment, recordkeeping, carrying out right to work checks and so on, the rest is easy.

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.