These are the basic facts about UK business visas and immigration policy that every employer needs to know
The United Kingdom’s business visa system offers employers many routes to put foreign talent to good use.
A broad set of visa types gives UK businesses access to a global talent pool, from skilled professionals to temporary workers and intra-company transfers. An international recruitment strategy can give you a significant competitive advantage.
But to use international recruitment as a growth tool, you must thoroughly understand the UK’s business visa system.
This framework is built on a few core concepts.
1. Points Based System
Since leaving the EU’s free movement scheme, the UK now operates a points-based immigration policy for all visa applicants.
The Home Office assesses each visa applicant’s eligibility against various metrics, including professional qualifications, experience, education, and language proficiency. These factors feed into the applicants’ total number of points.
Applicants with the highest scores are more likely to be successful.
2. Sponsor Licence
Employers in the UK need a sponsor licence from the Home Office to hire workers from outside the UK.
This licence allows you to sponsor a foreign national’s visa application. It also demonstrates that you have met certain standards set by the Home Office.
You can read more about the sponsor licence scheme, and how to get your own, in our in-depth explainer here.
3. Skilled Worker Visa
This is the most common type of visa for recruiting skilled workers from non-UK countries. It requires a job offer from a UK employer with a valid sponsorship license.
4. Senior or Specialist Worker visa (Global Business Mobility visa)
Multinational companies operating in the UK can transfer employees from overseas branches using the Senior or Specialist Worker visa.
5. Temporary Workers
Temporary Work visas cover various categories of short-term workers, including scale-up, creative and sporting workers, charity workers, religious workers, and government-authorised exchange workers.
6. Right to Work Checks
Employers are responsible for conducting right-to-work checks on all employees to ensure they have the legal right to work in the UK. This is a mandatory requirement for hiring foreign employees.
Now that you’re familiar with the concepts that underpin the system, let’s examine each type of visa in more detail.
Skilled Worker Visa
The UK Skilled Worker Visa is a key component of the country’s immigration system. It allows UK companies to hire skilled workers from across the world.
To get a Skilled Worker visa, applicants must meet certain criteria.
- Applicants must have a valid job offer from a UK employer with a valid sponsorship license.
- The job offer is at the required skill level – RQF 3 or above (A Level and equivalent)
- The applicant must meet specific English language proficiency, as proven by a minimum score of B1 on an English language test booked through IELTS
They must be paid a minimum salary of £38,700, or the ‘going rate’ for that role.
Prospective applicants can also balance particular qualifications against a lower salary to accumulate the requisite points. Should the position be paid below the minimum salary threshold but above £30,960, candidates may still be eligible under these specific conditions:
- Their job is on the Immigration Salary List (ISL)
- They’re under 26, studying or a recent graduate, or in professional training
- They have a science, technology, engineering or maths (STEM) PhD level qualification that’s relevant to the job (if they have a relevant PhD level qualification in any other subject, they must be paid at least £26,100)
- They have a postdoctoral position in science or higher education
Distinct salary regulations apply to individuals in specific health or education roles and to ‘new entrants’ embarking on their professional journeys.
Sponsorship requirement
Employers wishing to hire foreign nationals on the Skilled Worker UK business visa route must have a sponsor licence.
Salary threshold
There is a minimum salary threshold for Skilled Worker visa applicants, which may vary depending on the job role and the specific occupation.
The minimum salary is £38,700 in most circumstances; however, as detailed above, there are exceptions.
Government fees (per applicant)
If applying from outside the UK, the standard fee depends on whether the applicant will be in the country for:
- Three years or less – £719
- More than three years – £1420
If applying from inside the UK to extend, switch or update your visa, the standard fee depends on whether the applicant will be in the UK for:
- Up to three years – £827 per person
- Over three years – £1,636 per person
If the job is on the Immigration Salary List, the fees are reduced.
The fee for each person applying is as follows:
- £551 if staying for up to three years
- £1,084 if staying for more than three years
The fees below are the same regardless of whether the jobseeker applies from inside or outside the UK.
- Immigration Health Surcharge – £1,035 per applicant per year
- Skills Surcharge – £364 – £1,000 per year (depending on sponsor license)
- Certificate of Sponsorship – £239
To show that they can support themselves in the UK, the applicant must prove they have at least £1,270 in their bank account. The funds must have been consistently available for a consecutive 28-day period, with the 28th day falling within 31 days of the visa application.
Switching Categories
In some cases, individuals already in the UK on a different visa category may be able to switch to a Skilled Worker Visa.
Timescales for a decision
- Standard decision time – 15 days (if applying from outside the UK)
- Standard decision time – up to eight weeks (if applying from inside the UK)
- Priority service – five working days (£500 to be paid at the time of submission)
- Super Priority service – two working days (£1000 to be paid at the time of submission)
Senior or Specialist Worker visa (Global Business Mobility)
This visa allows employers with branches in other countries to bring overseas-based employees over to the UK. It is a strand of the Global Business Mobility visa type.
To be eligible for a Senior or Specialist Worker visa, the applicant must meet the following criteria:
- Be a current employee of an organisation with a valid sponsor licence awarded by the Home Office
- Possess a Certificate of Sponsorship from their employer, outlining details of the work they will undertake in the UK.
- Engage in a profession listed in the catalogue of eligible occupations
- Receive a minimum annual salary of at least £48,500.
Visitors under the Senior or Specialist Worker visa are granted a stay in the UK for the shorter of two durations:
- The period specified on your certificate of sponsorship plus an additional 14 days.
- 5 years.
Applicants can apply for extensions or new visas as often as needed, up to the maximum permissible cumulative stay.
This visa replaced the previous Intra-company or Long-term Staff visa types. Existing visa holders can switch to the Senior or Specialist Worker visa to extend their stay.
The maximum allowable duration for a Senior and Specialist Worker visa is:
- Five years within any six years if your annual salary is below £73,900.
- Nine years within any ten years if your annual salary is £73,900 or more.
Government Fees (per applicant)
If applying from outside the UK, the standard fee depends on how long the applicant will stay in the UK.
Those in the country for three years or less must pay £719. This rises to £1,420 for those who wish to stay in the UK for over three years.
The same durations apply to workers from inside the UK who wish to extend, switch or update their visas. Those wishing to stay up to three years will pay £827, while those staying longer will pay £1,636.
The fees below are the same regardless of whether the application comes from inside or outside the UK.
- Immigration Health Surcharge – £1035 per applicant per year
- Skills Surcharge – £364 – £1000 per year (depending on sponsor license)
- Certificate of sponsorship – £239
The applicant must prove they have at least £1,270 in their bank account. The funds must have been consistently available for a consecutive 28-day period, with the 28th day falling within 31 days of the visa application.
Timescales for a decision
- Three weeks (if applying from outside the UK)
- Eight weeks (if applying from inside the UK)
Seasonal Worker visa
Employers looking to fill short-term roles can bring over foreign nationals on the Seasonal Worker visa.
This visa allows the holder to work in the UK in the following capacities and at the following times of year:
- In horticulture, for up to six months, carrying out tasks such as fruit and vegetable picking or flower cultivation.
- In poultry, from 2 October to 31 December.
Applications for poultry Seasonal Worker visas must be submitted by 15 November each year.
For horticulture Seasonal Worker visas, applications are open year-round.
Successful applicants can remain in the UK for the following durations:
- Up to six months for horticulture work.
- From 18 October to 31 December each year for poultry work.
Seasonal workers can enter the UK as soon as 14 days before their job starts.
Seasonal workers can pursue studies in addition to the work they’re officially sponsored to do. Some courses may require an Academic Technology Approval Scheme certificate.
However, the applicant is restricted from:
- Undertaking secondary employment or a role not outlined in your certificate of sponsorship
- Accessing public funds
- Bringing accompanying family members to the UK
Government Fees (per applicant)
The application fee for the Seasonal Worker visa is £298.
Timescale for a decision
Approval for a Seasonal Worker visa takes up to three weeks.
Scale-up Work Visa
The Scale-up Worker visa route lets fast-growing businesses hire skilled foreign workers. To be eligible for the Scale-up Worker Visa, the applicant must:
- Have a confirmed job offer to work for an approved scale-up business for at least six months
- Hold a Certificate of Sponsorship from an employer with information about the role they’ve been offered in the UK
- Be paid above the minimum salary threshold
Salary threshold
The minimum salary requirements for the Scale-Up Worker visa is the highest out of the following two options
- £36,300 per year
- the ‘going rate’ for the type of work you’ll be doing
Visa Validity
The visa is issued for two years and can be extended for a further three
After five years, the applicant may be eligible to apply for settlement in the UK, providing they meet the eligibility criteria.
During the first six months of the visa, the applicant cannot change employer without prior permission from the Home Office. However, after this point, the worker can either continue in their current employment, change employer or become self-employed without needing to update their visa.
Government Fees (per applicant)
- Application fee – £822
The fee is the same whether the applicant applies from inside or outside the UK.
- Immigration Health Surcharge – £1035 per applicant per year
- Certificate of sponsorship – £25
To show that they can support themselves in the UK, the applicant must prove they have at least £1,270 in their bank account. The funds should have been consistently available for a consecutive 28-day period, with the 28th day falling within 31 days of the visa application.
Timescale for a decision
- Three weeks (if applying from outside the UK)
- Eight weeks (if applying from inside the UK)
You can read more information about the scale-up licence requirements here.
The UK’s business visa regime offers employers a competitive edge, alongside some strict responsibilities. To hire foreign workers, you need to demonstrate that you’re a credible, well-resourced business that operates within the laws of the land. Even a small compliance slip-up could cost you dearly.
If you need more advice on UK business visas, let us know. Our legal experts have decades of experience helping employers tap into a worldwide talent pool. We will help you hire the staff you need on the right business visa types, swiftly and in full compliance with UK law.
This immigration update serves as an informative resource and should not replace legal or specific scenario advice. Please be aware that immigration policies can change abruptly. For tailored assessments related to your case or company, we recommend consulting with Centuro Global.
