An employer’s guide to immigration routes

Since the beginning of the year, it has been harder for UK businesses to hire migrants to work in the UK due to stricter rules and immigration policies. 

Here, we look at the main routes that your business may use to engage a migrant worker. This is a high-level overview of sponsored and non-sponsored routes and permitted activities under the visitor rules, although securing expert advice from an immigration specialist is strongly advised.

Available options will depend on the type of activity your business carries out. Your organisation will require a sponsor licence from the Home Office to sponsor individuals under visa routes that require sponsorship.

Sponsored routes

Skilled Worker

A Skilled Worker visa allows a worker to come to or stay in the UK to do an eligible job with an approved employer. The applicant must have a valid Certificate of Sponsorship (CoS) from a Home Office approved sponsor. The route can lead to settlement and applicants can be joined by dependent partners and children.

The rules and requirements for the Skilled Worker visa route are set out in a new Immigration Rules Appendix Skilled Worker.

The Skilled Worker visa minimum annual salary threshold for most applicants is £38,700, or the “going rate” for the role where no salary discount is available.

A lower, discounted, threshold of £30,960 applies for roles listed on the new Immigration Salary List, or if the applicant is a new entrant to the labour market.

Eligible applicants relying on a relevant PhD will now have to earn £34,830, and for those relying on a relevant STEM PhD the new minimum threshold is £30,960.

There are also requirements for certain individuals, including holding a prescribed level of funds, meeting the English language requirement, and providing a clear TB test certificate.

The visa can last for up to five years before they need to extend it. Skilled workers need to apply to extend or update the visa prior to expiry or if they change jobs or employer.

After five years they may be able to apply to settle permanently in the UK, (also known as ‘indefinite leave to remain’). 

Global Business Mobility

The Global Business Mobility visa is a combined category of sponsored routes for overseas businesses seeking to establish a presence in, or transfer staff to, the UK for specific business purposes.

There are five separate global business mobility routes that correspond to different temporary work assignment types, including:

• Senior or Specialist Worker
• Graduate Trainee
• UK Expansion Worker
• Service Supplier
• Secondment Worker

Existing employees of overseas businesses will be able to apply for a Global Business Mobility visa, including:

For overseas businesses with a branch or subsidiary in the UK:

• those with specialist skills required by a UK business entity for a specific purpose
• senior executives who need to be transferred to a UK branch or subsidiary
• graduate trainees on a structured training programme.

For businesses without a presence in the UK:

• senior or specialist staff on assignment in connection with the expansion by an overseas business into the UK
• those on secondment to a UK business for a specific purpose
• service suppliers who need to enter the UK to provide a service that is part of a UK trade agreement.

Each of these routes has specific eligibility criteria, for example Senior or Specialist Workers must be paid at least £48,500 or the ‘going rate’ for their job — whichever is higher. Those earning less than £73,900 a year must have worked for their employer outside the UK for at least 12 months.

Scale-Up

The Scale-up Worker visa route is for individuals with a skilled job offer from a “qualifying UK scale-up” or fast-growing business that holds a sponsor licence and meets certain eligibility criteria).

This visa lasts for up to two years and can be extended by a further three years.

Non-sponsored routes

Graduate visa

The graduate visa route is open to student visa holders living in the UK who have successfully completed an eligible course for a minimum duration. A graduate visa holder can stay in the UK post-study for two to three years to look for, or undertake, work of any kind in the UK.

Student visa

Individuals studying in the UK may be entitled to work as part of their visa conditions. The work they are permitted to do will depend on what they are studying and whether they are working in or out of term-time. In general, a student visa holder may work up to 20 hours per week in term time and unlimited hours outside of term time. They may also be permitted to undertake a work placement if the placement is an integral and assessed part of their course. A right to work check will clarify the conditions.

Youth Mobility Scheme

The Youth Mobility Scheme visa is for eligible individuals aged 18 to 30 or 18 to 35 depending on where they are from. Applicants must have certain types of British Nationality or be nationals of certain countries or territories listed in the eligibility requirements.

Successful applicants can live and work in the UK for up to two years. At the end of the two-year period, nationals of Australia, Canada or New Zealand can apply to extend their visa by one more year.

Business Visitor visa

If an individual is travelling to the UK under a business visitor visa, or visa-free but for business purposes, they must be coming to the UK to engage in activities permitted under the visitor rules.

Without sponsorship it is also possible to be granted a business visitor visa for up to six months.

To be eligible for a business visitor visa, the applicant must meet all the following requirements:

• have a genuine intention to leave once they’ve carried out the permitted activities the job allows
• not make the UK their home by visiting regularly
• be able to financially support themself for the duration of their stay in the UK
• not receive payment for any extra activities carried out in the UK unless it is a “permitted paid engagement”
• not engage in prohibited activities, such as setting up a business in the UK or charging members of the public for services or goods received
• not intend to take on any other work in the UK, outside of what they’ve travelled for.

They must meet the eligibility requirements for a business visitor visa, even if they do not need a visa. This includes travelling visa-free under the current rules and travelling under an ETA once the new electronic travel authorisation system comes fully into force.

Applicants who are nationals of countries that require a visa in advance of a visit to the UK apply online and must provide supporting documents and evidence that proves they’re planning to travel only for business purposes.

The cost to apply for a six-month Business Visitor visa is £115.

Permitted Paid Engagement (PPE) Visitor

If you wish to engage a worker in paid work as a business visitor, you could look at the permitted paid engagement (PPE) visitor visa.

Individuals can visit the UK for certain paid engagements or events, (a ‘permitted paid engagement’), if they have a written invitation from a UK-based organisation or client for a pre-arranged event or other permitted engagement and can show they’re an expert in their profession.

The engagement must be relevant to their expertise, qualifications, and main job in their home country.

They can come to the UK for up to six months, but they must undertake the engagement in the first month.

Taking professional advice will ensure your worker secures the relevant permission to come to the UK for work. We can even help if their visa gets rejected or if they’ve had immigration problems in the past. We will discuss your goals and aims and advise on all options available.