Corporate Immigration 2024 Comparisons

The UK's current immigration policy focuses on reducing net migration to the country, which means that the number of people coming to the UK to live and work should be lower than the number of people leaving the country. This policy is driven by concerns about the impact of immigration on public services, housing and the labour market.

The UK government has implemented a number of measures to help reduce net migration, including significant increases in government fees and visa application costs, changes to the Skills Shortage Occupation List, higher salary thresholds for sponsored work visas, and maintenance requirements to support accompanying family members. The government has also introduced measures to encourage employers to hire from within the domestic market, via the implementation of the Immigration Skills Charge and Health Surcharge.

Brexit has had a significant impact on the UK's immigration policy. The UK has left the European Union, which means that new entrant EU citizens are no longer able to live and work in the UK without a visa. The UK immigration system applies to both EU and non-EU citizens.

There is a general election scheduled on 4 July 2024 – subject to the outcome and prevailing government party in power, some changes in immigration policy should be expected from 2025. There is a key focus on facilitating recruitment from the local workforce, with less reliance on attracting skills and talent from overseas, particularly in the healthcare sector, for example.

Reducing Migration

The government’s most recent reforms are aimed at reducing net migration figures and preventing abuse of the system through a “five-point plan” to reduce immigration. The changes will be phased in over the course of 2024, with some having already been implemented, including:

• an increase in the earning threshold for overseas workers by nearly 50% from its current position of GBP26,200 to GBP38,700 per annum;
• an increase in the minimum income required for British citizens and those settled in the UK who want their family members to accompany/join them in the UK; and
• the replacement of the 20% going-rate salary discount for shortage occupations with the new Immigration Salary List, which now retains a general threshold discount. The Migration Advisory Committee (MAC) continues to review the new list against the increased salary thresholds in order to reduce the number of occupations on the list.

The MAC has also been asked to review the Graduate visa route, to ensure it works in the best interests of the UK and to ensure steps are being taken to prevent abuse of the route.

Digitisation

UK immigration continues with its investment into digitisation. An increasing number of UK immigration applicants are now issued with digital immigration status; no physical documents are issued. Access is granted to an online portal, allowing the applicant to generate “share codes” to demonstrate their right to work to employers, their right to rent to landlords and access to other services in the UK. The digital status also allows travel through the “e-gates” at the UK border.

The advantages of the digital status are clear: biometrics can be submitted using a mobile app as opposed to attending a physical appointment, speeding up processing times, and digital statuses cannot be physically lost or stolen, and are accessible remotely. With more employees now working remotely/in a hybrid pattern, the digitisation of the immigration process is a welcome change to support a more fluid workforce.

The digital status process scope has broadened to include non-EU nationals applying for a Skilled Worker visa from within the UK who already hold a valid biometric residence permit (BRP) and are aged 18 and over. Applicants from the rest of the world are still required to attend in-person biometrics appointments and are issued with a physical BRP card as the immigration document for their time in the UK.

UK Visas and Immigration (UKVI) is phasing out BRP cards by December 2024, after which digital status will be the norm for all UK visa holders.

Visitors

The UKVI has introduced an Electronic Travel Authorisation (ETA) system for a select nationality of visitors coming to the UK. Currently, “non-visa nationals” (eg, EU or US nationals) can travel to the UK for visit purposes without prior authorisation. A “visa national” (eg, an Indian national) would require a physical visa application. The system is expected to be fully rolled out to all eligible nationalities travelling to the UK by late 2024.

The main sponsor-based employment categories in the UK are the Skilled Worker and Senior or Specialist Worker (Global Business Mobility) visas.

The Skilled Worker visa is for migrant workers with a job offer in the UK. The applicant must meet the minimum points requirements to confirm they are suitably skilled for the role and must meet a minimum salary requirement and be able to speak English at “B1” level. An initial visa can be issued for up to five years, and can be extended. After five years in the UK, the applicant may be eligible to apply for “settlement” (permanent residence) in the UK.

The Senior or Specialist Worker (Global Business Mobility) visa is typically for employees who currently work for an overseas “linked entity” of the UK company. Similar to the Skilled Worker visa, it requires meeting minimum points criteria based on salary and skill level, which are generally higher than for a Skilled Worker visa. However, there is no English language requirement. A Senior or Specialist Worker (Global Business Mobility) visa does not lead to settlement in the UK. The visa can only be held for a maximum of five years in any six-year period, or for nine years in any ten-year period for high earners (salary of GBP73,900 or above).

The UK offers a range of unsponsored work and investment immigration routes, depending on the circumstances of the applicant.

Unsponsored work routes include the following.

• Youth Mobility Scheme: a two-year visa for those aged 18-30 from certain countries, such as Australia, Canada and New Zealand.
• British National (Overseas): a five-year visa for applicants and their family members from Hong Kong with British (overseas) nationality.
• Ancestry: a five-year visa for Commonwealth citizens with a UK-born grandparent.
• Global Talent: for leaders/potential leaders in academia, arts/culture or digital technology (requires a recognised endorsing body).
• Start Up/Innovator Visa: for those wishing to set up and run an innovative business in the UK (requires a recognised endorsing body).
• High Potential Individual Visa: for those who have graduated from an eligible university in the last five years.
• Graduate Visa: for those who have completed a UK bachelor's, postgraduate or other eligible course.

The Immigration Rules set out a list of Permitted Activities that visitors can undertake in the UK. Typical Permitted Activities include:

• tourism and leisure;
• general business activities;
• work-related training;
• medical treatment;
• permitted paid engagements;
• visits for marriage or civil partnership; and
• transit.

The maximum permitted period of a visit to the UK is six months in any 12-month period. A visitor should not intend to live in the UK through frequent or successive visits, remain in the UK for extended periods nor make the UK their main home.

Business visitors must not intend to work in the UK, which includes taking employment, establishing or running a business as a self-employed person, doing a work placement or internship, filling a role or providing short-term cover for a role within a UK-based organisation.

Working in the UK is tied to having the right to do so from an immigration perspective. Provided this right exists, an individual can work remotely in the UK from their home/place of residence.

It is recognised that visitors to the UK can carry out activities relating to their employment overseas remotely whilst they are in the UK, such as responding to emails, answering phone calls or participating in remote meetings. However, this activity must be incidental to their main purpose of visiting the UK. Where visitors intend to spend a large proportion of their time in the UK and will be doing some remote work activities, they need to ensure that they remain genuinely employed overseas and do not intend to live or work in the UK through frequent or successive visits.

The requirement to meet a minimum level of English exists for a number of visa routes, including study, work, family and settlement/citizenship applications. Evidence of meeting the requirement will need to be submitted with the UK visa application.

Applicants from non-majority English speaking countries can normally meet this requirement through one of two ways:

• by taking a UKVI-approved English language test at a secure test centre – most UK work and study visas will require a comprehensive English test covering reading, writing, speaking and listening proficiency; or
• with verification of an academic qualification taught outside of the UK and taught entirely in English, through a body called UK ECCTIS, which will confirm whether the degree is equivalent to a UK bachelor’s degree or above and whether it was taught at the appropriate level of English required for the specific UK visa type.

Exemptions from these two methods can apply in certain instances, such as where the requirement was already shown to have been met in a previous successful UK application or if the applicant is a national of a majority English speaking country, such as the US, Australia or Canada.

Individuals who are coming to the UK for more than six months and are currently living in or have lived in a number of specified countries in the past six months will be required to undergo a mandatory tuberculosis (TB) test at a UKVI secure test centre. This includes children aged 11 and over.

The test includes a chest x-ray to test for TB. If the test shows no active TB is present, a certificate will be provided, which must be submitted with the UK visa application. The certificate will be valid for six months.

From 4 April 2024, the minimum salary threshold for a Skilled Worker visa rose to the higher level of GBP38,700 or the going rate for that type of role. For example, if an annual salary is GBP40,000 per annum but the “going rate” for the role is GBP45,000, the salary requirements would not be met.

Roles are as set out in the SOC (Standard Occupational Classification) 2020, instead of the previously used SOC 2010. The data used to set these salaries has changed from the 25th percentile of the 2021 Annual Survey of Hours and Earnings (ASHE) data to the 50th percentile of the 2023 ASHE data, meaning that the minimum salary threshold rose significantly above GBP38,700 for some roles.

The Home Office has implemented transitional salaries, which apply to individuals who already hold a Skilled Worker visa and apply to extend their permission or to change employers in the UK. For these individuals, the minimum salary threshold will be the higher of GBP29,000 or the going rate for the type of role, which will be based on the 25th percentile of the 2023 ASHE data.

There are different salary rules for those working in some healthcare or education jobs where the going rate is based on national pay scales.

In some cases, it is also possible to apply for a Skilled Worker visa in an eligible job with a salary of at least GBP30,960 or the going rate (whichever is higher).

Applicants can be paid between 70% and 90% of the usual going rate if the salary is at least GBP30,960 per year and one of the following applies:

• the applicant is under 26 on the date of application and is studying or a recent graduate, or in professional training;
• the applicant has a science, technology, engineering or maths (STEM) PhD level qualification relevant to the job; or
• the applicant has a postdoctoral position in science or higher education.

If applying for a Senior or Specialist Worker visa, the salary thresholds are at least GBP48,500 per annum, or GBP25,410 per annum for a Graduate Trainee Visa. The minimum salary of the relevant occupation code would also need to be met, whichever is higher.

All Skilled Worker and Senior or Specialist Worker roles would need to be for a job that is on the list of eligible occupations, as set out in “Appendix Skilled Occupations” of the Immigration Rules.

Whilst there are no minimum qualifications required to apply for a sponsored work visa, the application does require a minimum number of points, some of which are obtained by the sponsor issuing the individual a Certificate of Sponsorship (CoS). In doing so, the sponsor is certifying that the role in question meets a minimum skill level of Level 3 on the National Qualifications Framework, and the migrant has the necessary skills and qualifications required for the role.

A sponsored visa under the Skilled Worker category or the Senior or Specialist Worker route requires a sponsor to issue a CoS to an individual. The CoS is exclusive to the individual and is limited to the issuing sponsor. Should the individual wish to change employer in the UK, they will need to be issued with a new CoS from their new employer and be issued with a new UK visa.

Processing times for UK visas vary depending on the visa type and submission location.

Most “non-settlement” immigration applications filed outside of the UK are decided within ten to 15 working days of biometric information being submitted. Settlement applications can take up to six months to be decided with a standard service.

Applications filed from within the UK in non-settlement categories are typically decided within eight to 12 weeks. Settlement applications can take up to six months to be decided.

It is generally noted that entry to the UK should be limited or avoided once an application has been filed for a visa to the UK, until a decision has been made on the application. Similarly, once a visa application has been submitted from within the UK and biometric data has been provided, leaving the Common Travel Area can deem the application to be withdrawn, and it will then need to be re-submitted.

Priority processing options are available for the majority of immigration applications, but it may depend on availability in the country of application.

In general, if applying from overseas, some countries may offer “priority” processing of around five working days; this is available in a large number of overseas locations. Some limited locations also offer “super-priority” processing, aiming to process most applications by the end of the next working day. These services can be purchased online at the time of submitting the visa application online or, in limited locations, they can be purchased in person at the time of the visa appointment.

If applying overseas for a partner/family visa of a British/settled person, priority options will reduce the processing time to around 30 working days from the four to six-month timeframe under standard service.

If applying from within the UK, there are “priority” options that aim to process applications within five working days, and a “super-priority” option aiming for a decision by the end of the next working day. Family/partner visas submitted within the UK can be processed using the “super-priority” service. These services can be purchased online at the time of submitting the visa application online or, in limited overseas locations, they can be purchased in person at the time of the visa appointment.

It is worth noting that priority processing of immigration applications can sometimes be temporarily suspended by the UKVI without notice.

Currently, individuals coming to the UK for more than six months will be issued with an entry vignette in their passport, which will allow them to enter the UK within 90 days of its issuance. Upon arrival into the UK, a BRP will need to collected from a specified location, which can be a Post Office. Failure to collect this BRP can result in compliance action from the UKVI, including a fine of GBP1,000.

All individuals with a UK visa or BRP have an ongoing obligation to report certain changes to the UKVI. If a visa holder changes their home address in the UK, they should report this to the UKVI via an online service. Changes such as a criminal conviction or separation from a partner will also need to be reported to the UKVI. More significant changes such as a change of gender, name or nationality will require a new visa to be applied for.

Once a new visa is applied for, the old BRP will need to be returned to the UKVI. Failure to do this can also result in compliance action, including a fine of GBP1,000.

The UKVI is phasing out the production of BRPs this year. Those of eligible nationalities and UK status are now being issued with a digital status, which can be accessed online.

The Skilled Worker visa is the UK’s main work visa route, and typically includes the following government fees.

• A CoS fee of GBP239. This is an online work permit issued by the sponsor, and can then be used in support of a Skilled Worker application.
• An Immigration Skills Charge of GBP1,000 per year for a medium to large sponsor, or GBP364 per year for a small or charitable sponsor. This charge is essentially a tax imposed on businesses for employing workers outside of the local labour market.

• A visa application fee of at least GBP551 for a role on the Immigration Salary List and GBP719 for all other eligible roles, where the CoS is issued for up to three years. The fee increases to GBP1,084 and GBP1,420, respectively, for a CoS issued for over three years. Note that these fees are in relation to applications made from outside of the UK; where the application is made from inside the UK, the fee will vary.
• An Immigration Health Surcharge of GBP1,035 per year for the duration of the visa. This is an additional tax imposed on foreign workers to enable them to use the National Health Service (NHS) in the UK. Note that this fee is reduced to GBP776 per year if the applicant is under the age of 18 when they apply or if they are a student.
• Optional service add-ons include expedited processing under the priority or super-priority services and additional perks during the biometric appointments, such as a courier service, SMS service or “keep my passport” service, which will allow the applicant to hold onto their passport during the processing timeframe.

All visa costs can be borne by the individual, except for the Immigration Skills Charge.

All sponsors in the UK and visa holders are subject to conditions attached to their status in the UK. The UKVI would typically take action where a sponsor or an individual is in breach of those visa conditions – ie, not meeting their specified compliance obligations, or overstaying a visa term. In broader terms, the Secretary of State can also take action where he/she believes the sponsor/individual may fall foul of one of the suitability, validity and eligibility requirements that apply to all visa routes in the UK. This can include, for example, where it is believed that immigration permission can be conducive to the public good.

A UK employer must hold a Sponsor Licence to be able to sponsor migrant workers in the UK. As a result, the employer must adhere to various reporting duties and compliance obligations in respect of its migrant population, including:

• ensuring migrant workers have the necessary skills, qualifications or professional accreditations to do their job, and ensuring genuine vacancies exist and that only suitable roles are sponsored;
• ensuring the company has robust systems in place to monitor and track migrant workers and report any changes in circumstance; and
• reporting any changes to the sponsoring company’s business – eg, if the company stops trading or is involved in a merger or takeover.

As part of the application process for a Sponsor Licence, the UKVI will verify that the employer can meet these various obligations. Where the UKVI identifies non-compliance with these duties and responsibilities, it can take the following actions:

• downgrading, suspending or revoking the current sponsor licence; or
• imposing civil penalties of up to GBP60,000 per worker where employment of an illegal worker is found.

Criminal sanctions of imprisonment and/or unlimited fines can be imposed for “knowingly” employing someone illegally or having “reasonable cause to believe” they did not have the right to work.

UK legislation requires all UK employers to undertake a Right to Work (RTW) check on all new hires on or before the first day of employment, to ensure they have the correct permission to work and undertake the role in question. This will ensure the employer retains a “statutory excuse” against any penalties should a migrant be found to be illegally working.

Previously, this entailed an in-person face-to-face check and handling of the individuals’ original documents, including their visa and passport. Since COVID-19 and the implementation of a new digital visa status, the UKVI has introduced an online RTW check for eligible persons holding digital status or BMPs/Cards. Employers can also use a digital identity service provider (IDSP) to verify the identity and documentation of British and Irish nationals with valid passports.

The employer must retain a clear copy of the RTW check in a format that cannot be altered.

Some RTW checks will provide a “continuous statutory excuse”, meaning no future checks are required; this would be the case for an employee holding British nationality or someone holding settlement status. Other RTW checks may present a “time-limited statutory excuse” – eg, a Skilled Worker visa valid for three years. Where there is a time-limited statutory excuse, a follow-up check must be carried out.

The UKVI classes dependants as:

• a dependant partner (husband, wife, civil partner or unmarried partner);
• children under 18; or
• children over 18 if they are already in the UK as a dependant.

Partners must be in a marriage or civil partnership that is recognised in the UK. Unmarried partners must have been living together in a relationship akin to marriage for at least two years prior to making an application.

Children over 16 must live with their parents (unless in full-time education at boarding school or university), and must not be deemed to be leading an independent life.

Other dependant relationships such as over-age parents or de facto adoption may be recognised on a discretionary basis.

A dependent visa would typically allow the visa holder to work in the UK on an unrestricted basis; this includes self-employment and voluntary work. There is a restriction on employment as a professional sportsperson (including as a sports coach), which is not permitted.