Global mobility rules have become more complex in recent years, particularly in the UK. But with the right advice, you can ensure you stay within the guidelines.

The rules and regulations surrounding work mobility in the UK can – to the untrained eye – appear byzantine. They are also subject to change: since the UK formally left the EU in 2020, the issue of immigration – both unskilled and skilled – has become a major political issue. As a result, the UK government has tended to make changes to the rules to suit the prevailing direction of public opinion.

The bigger picture

The wider geopolitical backdrop has had an impact on UK policy in this area, with the UK government aiming to boost inward investment but at the same time, clampdown on the unrestricted movement of lower-paid workers. With that in mind, PM Rishi Sunak recently announced some important changes to the rules around eligibility for those looking to come to the UK to work or set up a business.

Migrants coming to the UK on the Skilled Worker route currently face a general threshold (assuming they don't have an exemption) of £26,200, and Brits or settled people who want to live in the UK with their partners must currently earn £18,600.

However, among the measures set to be introduced in spring 2024 is an increase in the 'general' salary threshold for both long-term work visas and British or settled people applying to bring their partners to the UK. Both will increase to £38,700, higher than the median salary for full-time employees (£35,000), although for workers there are many exemptions.

Clearly, the major change regarding Sponsorship Licences is the increase to the threshold salary for a Skilled Worker. This was announced on the 4th December 2023 when the UK Home Secretary confirmed the threshold would rise to £38,700.

However, workers on the Health and Social Care Visa route will be exempt from this new salary threshold. The UK Home Secretary also confirmed, more recently, that there will be transitional provisions to be set out in due course to stagger how and when this new salary threshold will be introduced.

However, it has been confirmed that this change to the salary threshold will not be retrospective. So, any migrants who have a visa under the current salary thresholds or those who complete their application before the salary thresholds are implemented, will not be required to increase their salary to match the new policies.

This will have some impacts for those either seeking to relocate to take up a job, or those running a business and planning on bringing individuals over to fill roles. And while the new regime hasn't necessarily made it more difficult to obtain the necessary visas, the changes to the salary threshold change might.

Certainly for companies looking to employ people on salaries of between £25,000 and £35,000 (a large cohort for growing businesses), they would now see those applications rejected, meaning they'd either have to increase the salary or find another way to get to the UK.

These changes made to the policies are designed to discourage UK Businesses from employing skilled individuals from overseas rather than recruiting from within the UK. It follows the Government's initiative to decrease net migration to the UK. It may seem slightly counter-productive after leaving the EU and claiming the UK is open for business and looking for investment from overseas. Certainly, some would argue more overseas businesses may be discouraged from setting up a UK subsidiary if they are unable to employ the key individuals they require to establish their business in the UK.

A wider view

There are other rules coming into play that directly affect those starting or running their own businesses. For instance, from 31st January 2024, the current prohibition on visitors undertaking intra-corporate activities directly with clients will be removed, provided the client-facing activity is incidental to the visitor's employment abroad and does not amount to the offshoring of a project or service to their overseas employer. This will now be included in the permitted activities for a Standard Visitor.

In addition, visitors will now be permitted to work remotely whilst they are in the UK, but remote working must not be the primary purpose of their visit to the UK. Speakers at conferences will be permitted to be paid (this will be included in the list of Permitted Paid Engagements (PPE)).

It's worth noting that the provisions of the PPE Visitor route will be moved into the Standard Visitor route (so all visitors will be able to undertake PPE without the need for a different type of visa). However, visitors intending to undertake PPE must still have arranged their PPE activity prior to travel to the UK, and this must be undertaken within 30 days of their arrival in the UK as a Visitor.

Special cases

In some cases, business founders may find it useful to consider applying for an Innovator Founder visa. This is a special visa that, while a little more complicated to obtain, can open up a path if you want to set up and run an innovative business in the UK. To qualify for the visa, your business must be different from anything else on the market, must be endorsed by an approved body (also known as an endorsing body), and you must meet the other eligibility requirements.

The authorities will expect applicants to have a business plan, which is scrutinised by one of the endorsing institutions listed and approved by the Home Office, which will act as a semi-sponsor of your business plan, if you convince this institution that your business plan is valid. Under the terms of the visa, founders can stay in the UK for six months and complete business activities as well.

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.