Navigating UK Work and Business Visas: Comprehensive Guide

By Sanwar Ali:

The UK's immigration landscape is a complex tapestry of rules and regulations, and one of the most challenging areas to navigate is the work and business visas schemes. This in-depth guide will take you through the various UK work and business visas, shedding light on the differences, requirements, and potential roadblocks in acquiring these visas. The most popular visa category is the Skilled Worker visa with an employer who has a sponsor licence.

Index

• Who Needs a UK Work Visa?
• Types of UK Work Visas
• Skilled Worker Visa
• Global Business Mobility Visa
• Other Work Visas
• Time Required to Obtain a UK Work Visa
• Understanding the Policy
• Employer-Sponsored, Long-Term Work Visas
• Unsponsored, Long-Term Work Visas
• Temporary Visas
• Work-Related Migration Trends
• The Health Sector and Work Visas
• Temporary Work Visas
• Settlement in the UK

Who Needs a UK Work Visa?

The UK's immigration policies is such that you will most likely need a work visa. Some UK visa categories that allow you to work in the UK include the following:

• British or Irish citizen
• Right of abode in the UK
• Indefinite leave to enter or remain in the UK
• Pre-settled or settled status with the EU Settlement Scheme

Types of UK Work Visas

The UK offers a range of work visas. However, the two main types of sponsored UK work visas for management or skilled migrant workers are the Skilled Worker visa and the Global Business Mobility visa, covered in detail in the following sections.

Skilled Worker Visa

The Skilled Worker visa is designed for individuals who have been offered a job by a UK employer approved by the Home Office. The job being offered must be on a list of eligible occupations, and the salary must meet a certain threshold, depending on the type of work performed. Self-sponsorship may be possible in some circumstances.

Key requirements include meeting an English language requirement, demonstrating satisfactory financial means (certifying maintenance usually done by the Sponsor), and paying the necessary fees. Visa holders can stay in the UK initially for up to five years, with the option to extend or update their visa as many times as they wish, provided they continue to meet the eligibility requirements. At the end of five years, a skilled worker may be eligible to apply for indefinite leave to remain in the UK.

Global Business Mobility Visa

The Global Business Mobility (GBM) visa covers a number of different visa routes for applicants who wish to undertake work at their overseas employer's UK branch. Key requirements include being an existing employee of an approved employer, undertaking a role in the UK that's on a list of eligible occupations.

Unlike the Skilled Worker visa, the GBM visa does not lead to indefinite leave to remain in the UK. The maximum stay is dependent on the applicant's annual salary, and the visa can be extended or updated as many times as needed within the given limit.

The GBM (UK Expansion Worker) visa is a subset of the GBM visa, designed for senior manager or specialist applicants who wish to help establish a UK branch for their overseas employer. The business should not as yet be trading. This visa does not lead to indefinite leave to remain in the UK.

Other Work Visas

Apart from the Skilled Worker and Global Business Mobility visas, the UK offers several other work visas, including:

• Scale Up Visa: For applicants who wish to work for a rapidly growing UK business. Notably, workers on a Scale Up visa only have to be sponsored for the first six months of work, following which they can undertake unrestricted and unsponsored work.
• Temporary Visas: These include visas for charity workers, creative workers, government authorised exchange workers, international agreement workers, religious workers, and seasonal workers.

Time Required to Obtain a UK Work Visa

The processing time for a UK work visa varies depending on the type of visa. Generally, it takes about 3 weeks for applicants applying from outside the UK and 8 weeks for those applying from within the UK. However, exact timelines cannot be guaranteed, and applicants should be aware that timelines are subject to change. You may be able to obtain faster visa processing if you pay extra.

Understanding the Policy

Until the end of 2020, the UK's work-related migration policy was divided into two distinct regimes. EU citizens could work in the UK under free movement rules without needing to apply for permission, while non-EEA citizens required a work visa. From January 2021, with the implementation of the post-Brexit immigration system, both EU and non-EU citizens now need to secure work visas to work in the UK.

Employer-Sponsored, Long-Term Work Visas

Some work visas, like the Skilled Worker route, allow workers to stay in the UK for several years, usually with the opportunity to apply for settlement after five years. These visas usually require sponsorship from an employer. The salary threshold for these visas is often £26,200, but exceptions are made for certain workers or jobs.

Unsponsored, Long-Term Work Visas

Some workers do not need employer sponsorship and can apply for visas that lead to long-term settlement in the UK. These include the 'High Value' work visas, such as the Innovator Founder visa and Global Talent visa. It may also be possible to self-sponsor via the sponsor licence and Skilled Worker visa route.

Temporary Visas

Temporary visas are available for different worker groups, including seasonal workers and young people under the Youth Mobility Scheme. They also cover graduating international students who wish to remain in the UK after their studies to work.

Work-Related Migration Trends

Work is a significant driver of overall migration to the UK, with the EU being a major source of labour migration until the end of free movement in 2020. However, there has been a decline in EU migrants' role in work-related migration in recent years. This decline was further exacerbated by the Covid-19 pandemic and the end of free movement, leading to a decrease in the EU workforce in the UK.

Non-EU work-related migration saw a slight recovery in 2021 after a significant decline due to the pandemic. Though the pandemic affected the demand for non-EU workers, by the second quarter of 2021, demand for work visas from non-EU citizens had returned to numbers relatively close to pre-pandemic levels.

The Health Sector and Work Visas

The health sector has been a major user of UK work visas. It accounted for 34% of visa applications and extensions in 2021, up from 8% in 2011. This growth is likely to continue, given the ongoing skills shortages in the UK health sector.

Temporary Work Visas

The Seasonal Agricultural Workers Pilot is the only work visa designed to allow employers to sponsor migrant workers in low-wage work. The scheme was introduced in 2019, and the visa cap was increased to 30,000 places in 2021, up from 10,000 places in 2020.

Settlement in the UK

Some visas provide a route to settlement after five years, allowing workers to apply for indefinite leave to remain in the UK. However, this route to settlement is not available for all types of visas.

How Workpermit.com Can Help with Sponsor Licences

If you need help with employing Skilled Workers and help to apply for a Sponsor Licence, including complying with your Sponsor Licence obligations, Workpermit.com can help.

For more information and advice, please contact us on 0344 991 9222 or at london@workpermit.com(link sends e-mail)