UK Visa Application

Specialist Legal Support for Your UK Visa Application

Whether your business is already established in the UK or you are looking to set up operations here, our specialist solicitors will guide you through the complexities of the UK’s immigration laws and support you with your UK visa application. Our team prides itself on its record of working with employers of all shapes, sizes and types and ensuring that our advice is tailored to your needs.

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Overview of the UK Immigration System
Who Has the Right to Work in the UK?
How to Get Permission to Work in the UK
UK Visas and Immigration Categories Permitting Work
Other Options
What Else Should Overseas Businesses Consider?

Overview of the UK Immigration System

Written by specialist solicitors, our UK visa application guide will give you an overview of:

the UK immigration system
the visa categories that are relevant to businesses employing workers from overseas
trends in UK immigration law and anticipated changes affecting businesses

You can also download a PDF of the guide.

Who Has the Right to Work in the UK?

British citizens
those who have been granted indefinite leave to remain
those who have acquired permanent residence in the UK
citizens of Switzerland, EU and EEA countries and their family members

That position will continue while the UK remains a member of the EU and potentially during a transitional period agreed with the EU after the UK’s exit. Everyone else must be granted permission, or ‘leave’, to enter or remain in the UK.

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How to Get Permission to Work in the UK

Leave to enter or remain in the UK is granted by UK Visas & Immigration, the operational command of the Home Office responsible for immigration control in the UK.

That leave is granted in accordance with Immigration Rules approved by Parliament. The Rules set out the criteria to be met and the conditions which will be attached to the immigration status granted to successful applicants.

Many categories require the applicant to apply for entry clearance (a visa) demonstrating that they meet the requirements of the Immigration Rules before travelling to the UK.

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UK Visas and Immigration Categories Permitting Work

Representative of an overseas business

This category allows overseas businesses which do not have a commercial presence in the UK to send a senior employee (but not one who is a majority shareholder) to the UK for the purposes of establishing a branch or wholly-owned subsidiary here.

The individual will need to satisfy an English language requirement and have enough money available to support themselves and any family members without claiming public funds.

The initial visa is granted for three years and can be extended for a further two years. At the end of five years in this category the individual may be eligible to apply for indefinite leave to remain in the UK.

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Tier 1 (Exceptional Talent)

Individuals can apply for visas in this category if they have been endorsed as a recognised leader or an emerging leader in the fields of science and medicine, engineering, humanities, digital technology or arts and culture.

The initial visa can be granted for up to five years. Individuals in this category may be eligible to apply for indefinite leave to remain after three years if they are recognised as having 'exceptional talent', or after five years if they have 'exceptional promise'.

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Tier 1 (Investor)

This category is for individuals with £2million funds available to invest in share capital or loan capital in one or more active UK companies.

The initial visa in this category is granted for three years and can be extended for a further two years.

Individuals in this category may be eligible to apply for indefinite leave to remain after two, three or five years depending on the amount they have invested.

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Innovator and Start-up

These two categories have replaced the Tier 1 (Entrepreneur) and Tier 1 (Graduate Entrepreneur) categories. Both categories require an endorsement from an accredited body for a business idea that is novel and viable, with potential for growth.

The Innovator category is for more experienced businesspeople and requires an investment of £50,000 into a new business.

Innovator visas are issued for three years and can be extended for a further three years. Individuals in this category may be eligible to apply for indefinite leave to remain after three years if they meet the relevant requirements.

Start-up visas will be issued for two years and cannot be extended, although it may be possible to switch into the Innovator category.

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Tier 2 (General)

This is for individuals offered a skilled job in the UK by a Tier 2 sponsor:

The sponsor is often required to undertake a ‘Resident Labour Market Test’ to demonstrate that nobody with permanent permission to reside in the UK is capable of doing the role.

The applicant must demonstrate their English language ability and may qualify for indefinite leave to remain after five years.

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Tier 2 (Intra-Company Transfer)

This is for individuals transferring from a company which is linked by common ownership or control to the sponsoring UK business.

The visa is subject to a higher minimum salary requirement (£41,500, possibly higher depending on the type of job).

There is no Resident Labour Market Test or English language requirement.

The visa is usually for a maximum of five years and does not lead to indefinite leave to remain.

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Other Options

Sometimes you may be able to send an individual to the UK without the need for sponsorship or an endorsement.

Individuals who may qualify for a visa include:

Spouse or long-term partner of a British citizen
Spouse or long-term partner of an EEA national
Spouse or long-term partner of someone being granted a work visa
Citizens from Commonwealth countries with a grandparent who was born in the UK (UK Ancestry)

The requirements, length of visa and eligibility for indefinite leave to remain depend on the category the individual is applying under.

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What Else Should Overseas Businesses Consider?

Right to Work Checks

Employers are required under UK law to ‘play their part’ in enforcing immigration law by checking the immigration and nationality status of all employees and prospective employees.

Employers found to be employing anyone without the appropriate permission to work can be fined up to £20,000 per illegal worker.

Immigration checks are also required in other circumstances, including by landlords, the National Health Service, the Driver and Vehicle Licensing Agency and banks.
Immigration Fees

The government’s position is that the immigration system should be self-funding, with those benefitting from immigration meeting the costs.

Fees for a UK visa application are often in excess of £1,000 per person. The fees for indefinite leave to remain applications are almost £2,500 per person.

Employers sponsoring migrant workers under Tier 2 are required to pay an Immigration Skills Charge of up to £1,000 for each year the individual is being sponsored.
Brexit and Changes to the UK's Immigration System

The UK left the EU on 31 January 2020.

Rights of free movement for EU, EEA and Swiss nationals continue during the post-Brexit transition period, which will end on 31 December 2020. After that date, the government's intention is that citizens of those countries (apart from the Republic of Ireland) will be subject to the same immigration restrictions as those from the rest of the world.

The government is expected to publish its plans for a post-Brexit 'points-based immigration system shortly.

Announcements to date suggest that the government is still keen to encourage visitors and workers from overseas, but will prioritise "the brightest and the best" when granting permission to work.

Skilled worker categories requiring employer or other sponsorship (similar to the current Tier 2 (General) category) will be the main routes for people coming to the UK to work.

The government is considering reducing the minimum skill level requirement, removing the need for employers to conduct a ‘Resident Labour Market test’, and reducing the minimum salary requirement. They are also considering the introduction of a points-based category that will prioritise earnings, proficiency in English, qualifications, occupation and willingness to work in particular areas of Britain.

For specialist support with your UK visa application, contact Tom Brett Young today on +44 (0)121 227 3759 or complete the below form.

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