MOVING TO THE UK

FAQs

Your Questions, Answered

How can I obtain a U.K. skilled worker visa or work permit?

The new UK points system was introduced on 1 December 2020 and included a number of significant changes to the points based system.

The Skilled Worker visa replaced the Tier 2 visa scheme and allows entry to the UK on a long term basis to fill a skilled job vacancy in a wide range of skilled occupations including in IT, accountancy, teaching, and healthcare. The occupation needs to be on the Skilled Worker eligible occupations list, which has been expanded to include more lower skilled occupations.

I heard that it is easier to get a UK work permit now, is this true?

Yes, it has become considerably easier to make an application.  There have been changes to the salary threshold and the scrapping of the resident market test.

Changes are as follows, and effective since December 2020:

  • reduction of the skills threshold from level 6 of the Regulated Qualifications Framework (RQF) (equivalent to degree level roles) to level 3 (equivalent to A-level educated roles);
  • removal of cap on number of skilled workers;
  • scrapping of the Resident Labour Market Test;
  • scrapping of the six-year maximum stay in the UK under this route;
  • scrapping of the 12 month ‘cooling-off’ period;
  • reduction of the minimum salary threshold; and
  • introduction of ‘tradeable points’ where the role does not meet the general minimum salary threshold or the going rate for the role, but the role is on the shortage occupation list, the applicant has a relevant PhD or is a new entrant.

For individuals who wish to work in the UK under the Skilled Worker route, a total of 70 points is needed to apply. All applicants must demonstrate they have a job offer from an approved sponsor (20 points), the proposed role is at the required skill level (20 points) and that they speak English (10 points).

How do I qualify under the Global Talent visa?

The Global Talent visa is similar to the Tier 1 Exceptional Talent visa that it replaced in February 2020.  It is also difficult to obtain with only a limited number of people qualifying.  This visa category now includes a new fast-track scheme via UK Research and Innovation UKRI for world-leading scientists, top researchers and mathematicians for entry to the UK.
Applications are encouraged from people who are considered to be leaders or emerging leaders in a small number of fields to enter the UK. You will need to come under Global Talent Exceptional Talent Visa or Global Talent Exceptional Promise criteria or UK Research and Innovation endorsed funder option.  A big benefit of this category compared to the tiered work visas is that you can work freely for almost any employer or run your own business or be self-employed.  Before applying for this visa applicants must first ask for endorsement by a recognised designated competent body via a UK Home Office application in one of the following fields:

  • Science
  • Humanities
  • Engineering
  • Medicine
  • Digital technology
  • The Arts
  • Fashion
  • Architecture
  • Film and Television

What evidence do I need to show to enter the UK as a business person?

Since March 2019, the Tier 1 entrepreneur visa scheme has been replaced by the UK Innovator visa scheme and since July 2019, the Tier 1 Graduate Entrepreneur Scheme has been replaced by the Start-Up visa scheme. A tier 1 investor can gain entry based on investment funds of £2 million to invest.

The UK Innovator Visa is a UK visa category for experienced businesspeople to set up an innovative business.  The investment requirement is £50,000 and you need to be endorsed by an endorsing body.

If there is already an existing foreign entity, then the sole representative visa is more suitable.  The Sole Representative of an Overseas Business visa is designed primarily to allow senior executives and managers of an overseas company to enter the UK in order to set up the company’s first UK office, branch, or subsidiary.  The representative cannot own more than fifty percent of the business and the main business should remain outside the UK.  The UK business area should be in a similar area of business as the overseas business, and the overseas business outside the UK should in practice probably be much larger than the proposed UK business.

The Representative of an Overseas Business visa can also be used by overseas journalists who are posted on long-term assignment to the UK.

How do I qualify to come to the UK as an investor?

UK welcomes wealthy individuals as investors like most countries.  Tier 1 Investor visa is possible if you have at least two million pounds (£2,000,000) in funds available to invest in active and trading UK businesses. The funds must be held by a regulated institution, such as a bank or venture capital firm, and must be free to spend – not tied up in securities, shares, or similar arrangements.

I hold a visitor visa. Can I change into another category whilst in the UK?

No. It will be necessary for you to leave the UK to apply for entry clearance from your home country. There are certain categories that allow switching whilst in the UK; however, a person with a visitor status is not allowed to switch their status.

An individual already has a Tier 2 visa through a different employer – can he work for our company under this?

No. Tier 2 applications are issued to specific employers for a certain individual to undertake a specific role. It is not possible for a worker to undertake a variety of roles with several different employers under a single application. It is therefore necessary for each new employer to apply for permission to employ the individual.

How long will it take to get the skilled worker visa?

The processing time for applications can vary depending upon the nature of each application, as some applications are more complex than others. However, assuming the application is complete and all supporting documentation has been provided, the Border Agency will process the sponsor license application within four to six weeks of receiving it.  Then, it is an additional 1-2 weeks to process the Certificate of Sponsorship.

If the applicant is overseas, the applicant will need to apply for entry clearance for him or herself and any accompanying family members before traveling to the UK to take up employment.  This can take up to an additional 4-6 weeks.

I would like to apply to enter the UK to start my own business, however I have limited funds to invest in the business. Does this mean that I will not be able to make a successful application?

Traditionally, an applicant had to demonstrate that they were able to invest at least £200,000 in a UK business.   One advantage compared to the old Tier 1 Entrepreneur visa scheme is that the investment requirement is now £50,000, whereas previously in most cases it was £200,000.

Alternatively, if you are a recent graduate, then you may qualify for the new Start Up Visa.  This has replaced the Tier 1 Graduate Entrepreneur visa scheme and is for less experienced business people.

If I make a successful application to live and work in the UK, which of my family members may I bring with me?

This will depend, in part, under which immigration category you apply to enter or remain in the UK. You can usually bring your dependent spouse (or partner) and children under 18.  Unmarried partners may also qualify depending on the length of the relationship, and supporting documentation provided.

How long does it take to get permanent residency or indefinite leave to remain in the UK?

In the United Kingdom, you must first apply under one of the temporary visa classes before you are eligible to apply for permanent residence, known in the UK as Indefinite leave to remain. Every application is different and processing times largely depend on the type of visa being applied for. Once you have been living in the UK on this category (i.e. Tier 1 or Tier 2), then you will be eligible for indefinite leave in five years. If you came to the UK on the basis of marriage to a UK national, then the requirement is also five years before you qualify for indefinite leave to remain.

Under recent changes to the Immigration Rules, people who come to the UK under Tier 1 (Investor) of the points-based system will be able to settle here faster if they invest large sums of money. Those who invest £5 million will be allowed to settle here after 3 years, and those investing £10 million or more will be allowed to settle after 2 years. This compares with the current minimum 5-year requirement.

How can I obtain a U.K. skilled worker visa or work permit?

The new UK points system was introduced on 1 December 2020 and included a number of significant changes to the points based system.

The Skilled Worker visa replaced the Tier 2 visa scheme and allows entry to the UK on a long term basis to fill a skilled job vacancy in a wide range of skilled occupations including in IT, accountancy, teaching, and healthcare. The occupation needs to be on the Skilled Worker eligible occupations list, which has been expanded to include more lower skilled occupations.

I heard that it is easier to get a UK work permit now, is this true?

Yes, it has become considerably easier to make an application.  There have been changes to the salary threshold and the scrapping of the resident market test.

Changes are as follows, and effective since December 2020:

  • reduction of the skills threshold from level 6 of the Regulated Qualifications Framework (RQF) (equivalent to degree level roles) to level 3 (equivalent to A-level educated roles);
  • removal of cap on number of skilled workers;
  • scrapping of the Resident Labour Market Test;
  • scrapping of the six-year maximum stay in the UK under this route;
  • scrapping of the 12 month ‘cooling-off’ period;
  • reduction of the minimum salary threshold; and
  • introduction of ‘tradeable points’ where the role does not meet the general minimum salary threshold or the going rate for the role, but the role is on the shortage occupation list, the applicant has a relevant PhD or is a new entrant.

For individuals who wish to work in the UK under the Skilled Worker route, a total of 70 points is needed to apply. All applicants must demonstrate they have a job offer from an approved sponsor (20 points), the proposed role is at the required skill level (20 points) and that they speak English (10 points).

How do I qualify under the Global Talent visa?

The Global Talent visa is similar to the Tier 1 Exceptional Talent visa that it replaced in February 2020.  It is also difficult to obtain with only a limited number of people qualifying.  This visa category now includes a new fast-track scheme via UK Research and Innovation UKRI for world-leading scientists, top researchers and mathematicians for entry to the UK.
Applications are encouraged from people who are considered to be leaders or emerging leaders in a small number of fields to enter the UK. You will need to come under Global Talent Exceptional Talent Visa or Global Talent Exceptional Promise criteria or UK Research and Innovation endorsed funder option.  A big benefit of this category compared to the tiered work visas is that you can work freely for almost any employer or run your own business or be self-employed.  Before applying for this visa applicants must first ask for endorsement by a recognised designated competent body via a UK Home Office application in one of the following fields:

  • Science
  • Humanities
  • Engineering
  • Medicine
  • Digital technology
  • The Arts
  • Fashion
  • Architecture
  • Film and Television

What evidence do I need to show to enter the UK as a business person?

Since March 2019, the Tier 1 entrepreneur visa scheme has been replaced by the UK Innovator visa scheme and since July 2019, the Tier 1 Graduate Entrepreneur Scheme has been replaced by the Start-Up visa scheme. A tier 1 investor can gain entry based on investment funds of £2 million to invest.

The UK Innovator Visa is a UK visa category for experienced businesspeople to set up an innovative business.  The investment requirement is £50,000 and you need to be endorsed by an endorsing body.

If there is already an existing foreign entity, then the sole representative visa is more suitable.  The Sole Representative of an Overseas Business visa is designed primarily to allow senior executives and managers of an overseas company to enter the UK in order to set up the company’s first UK office, branch, or subsidiary.  The representative cannot own more than fifty percent of the business and the main business should remain outside the UK.  The UK business area should be in a similar area of business as the overseas business, and the overseas business outside the UK should in practice probably be much larger than the proposed UK business.

The Representative of an Overseas Business visa can also be used by overseas journalists who are posted on long-term assignment to the UK.

How do I qualify to come to the UK as an investor?

UK welcomes wealthy individuals as investors like most countries.  Tier 1 Investor visa is possible if you have at least two million pounds (£2,000,000) in funds available to invest in active and trading UK businesses. The funds must be held by a regulated institution, such as a bank or venture capital firm, and must be free to spend – not tied up in securities, shares, or similar arrangements.

I hold a visitor visa. Can I change into another category whilst in the UK?

No. It will be necessary for you to leave the UK to apply for entry clearance from your home country. There are certain categories that allow switching whilst in the UK; however, a person with a visitor status is not allowed to switch their status.

An individual already has a Tier 2 visa through a different employer – can he work for our company under this?

No. Tier 2 applications are issued to specific employers for a certain individual to undertake a specific role. It is not possible for a worker to undertake a variety of roles with several different employers under a single application. It is therefore necessary for each new employer to apply for permission to employ the individual.

How long will it take to get the skilled worker visa?

The processing time for applications can vary depending upon the nature of each application, as some applications are more complex than others. However, assuming the application is complete and all supporting documentation has been provided, the Border Agency will process the sponsor license application within four to six weeks of receiving it.  Then, it is an additional 1-2 weeks to process the Certificate of Sponsorship.

If the applicant is overseas, the applicant will need to apply for entry clearance for him or herself and any accompanying family members before traveling to the UK to take up employment.  This can take up to an additional 4-6 weeks.

I would like to apply to enter the UK to start my own business, however I have limited funds to invest in the business. Does this mean that I will not be able to make a successful application?

Traditionally, an applicant had to demonstrate that they were able to invest at least £200,000 in a UK business.   One advantage compared to the old Tier 1 Entrepreneur visa scheme is that the investment requirement is now £50,000, whereas previously in most cases it was £200,000.

Alternatively, if you are a recent graduate, then you may qualify for the new Start Up Visa.  This has replaced the Tier 1 Graduate Entrepreneur visa scheme and is for less experienced business people.

If I make a successful application to live and work in the UK, which of my family members may I bring with me?

This will depend, in part, under which immigration category you apply to enter or remain in the UK. You can usually bring your dependent spouse (or partner) and children under 18.  Unmarried partners may also qualify depending on the length of the relationship, and supporting documentation provided.

How long does it take to get permanent residency or indefinite leave to remain in the UK?

In the United Kingdom, you must first apply under one of the temporary visa classes before you are eligible to apply for permanent residence, known in the UK as Indefinite leave to remain. Every application is different and processing times largely depend on the type of visa being applied for. Once you have been living in the UK on this category (i.e. Tier 1 or Tier 2), then you will be eligible for indefinite leave in five years. If you came to the UK on the basis of marriage to a UK national, then the requirement is also five years before you qualify for indefinite leave to remain.

Under recent changes to the Immigration Rules, people who come to the UK under Tier 1 (Investor) of the points-based system will be able to settle here faster if they invest large sums of money. Those who invest £5 million will be allowed to settle here after 3 years, and those investing £10 million or more will be allowed to settle after 2 years. This compares with the current minimum 5-year requirement.