Immigration Comparative Guide

Compare this Guide in other jurisdictions?

1 Legal framework

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

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.

1.2 Do any special regimes apply in specific sectors?

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.

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

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.

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

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.

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 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.

2.2 Do the requirements vary depending on sector or purpose?

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.

2.3 What is the maximum stay allowed for business visitors?

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.

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

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.

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

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.

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 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.

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 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.

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
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.

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.

Skilled Worker route requires B1 level SELT in four components – reading, writing, speaking and listening.

3.5 Are any work permits subject to quotas?

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.

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?

N/A.

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

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.

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

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.

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

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.

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?

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.