BUSINESS VISITS
SPONSORED BUSINESS IMMIGRATION

BUSINESS VISITS

DOCUMENTS NEEDED FOR BUSINESS VISITORS TO ENTER & STAY IN THE UK

Visa nationals (as set out in Appendix Visitor: Visa national list) must apply for a visit visa in advance of travelling to the UK for business. Individuals will typically be required to submit their current and previous passports, documentation which demonstrates that they are able to maintain and accommodate themselves in the UK for the duration of their visit, evidence of ties (and intent to return) to their home country and information in respect of the purpose and duration of the trip to the UK.

Non-visa nationals are not required to obtain a visit visa in advance of travel to the UK, but if questioned will be required to satisfy the Immigration Officer that they satisfy the relevant requirements. In addition, non-visa national visitors are required to apply in advance of travel for an Electronic Travel Authorisation (ETA) – much like the U.S. ESTA scheme. For most, applying for an ETA will not be an issue but if the applicant has a criminal conviction their application may be refused meaning they will need to apply for a visitor visa.

DURATION OF STAY FOR BUSINESS VISITORS

Business visitors are typically permitted to remain in the UK for up to six months at any one time. Visitors are not permitted to live in the UK through ‘frequent or successive visits or make the UK their main home. If an individual has spent at least six months in the UK over the last 12-month period, this is a factor that may be taken into account in a discretionary assessment as to whether individuals do not satisfy this mandatory criterion. This means that visitors risk being refused entry into the UK if they make repeat visits without having spent a significant duration of time outside the UK.

PERMISSIBLE ACTIVITIES FOR BUSINESS VISITORS

Visitors to the UK are permitted to undertake a number of permitted business activities, including attending meetings, conferences, seminars, and interviews; giving one-off talks/speeches (provided these are not organized as commercial events for profit); negotiating and signing deals and contracts; attending trade fairs for promotional work (the visitor must not be directly selling); carrying out site visits and inspections; gathering information for overseas employment; and receiving briefs on requirements of UK based customers provided any work for the customer is performed outside the UK. Visitors can also undertake activities relating to their overseas employment remotely from within the UK, but only if this is incidental to their visit to the UK and is not the primary purpose of their visit.

If the visitor is employed by an overseas entity of the same corporate group of a UK company they will be permitted to advise/consult, trouble-shoot, provide training and share skills and knowledge on a specific internal project with UK employees of the same corporate group, but can only undertake activities directly with clients in specific circumstances.

There are a significant number of other permitted activities which are set out in the UK Immigration rules, including for visitors in sectors such as law, science, academia, sport, manufacturing, and creative. The business activities must not amount to employment or filling a role (even on a temporary basis) and the visitor must not generally receive payment (subject to limited express exceptions, such as “permitted paid engagements” for creative artists and performers and others).

BUSINESS VISITOR CHANGE STATUS TO WORK PERMIT HOLDER

It is not permitted for a business visitor to change status in-country to be a work permit holder.

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SPONSORED BUSINESS IMMIGRATION

TYPES OF WORK PERMITS FOR LONG-TERM ASSIGNMENTS

The two main work sponsorship routes in the UK are the Skilled Worker and Senior or Specialist Worker (previously known as Intra-Company Transfer (ICT)) routes. Senior or Specialist Worker is part of the Global Business Mobility group of routes. Both routes require sponsorship by a licenced sponsor. The Skilled Worker route may be available to individuals who have received a job offer from a licenced sponsor and who meet minimum English language requirements. The Senior or Specialist Worker route is generally only available to individuals who have worked at an overseas entity which is linked to a UK entity holding a sponsor licence. A full analysis of these routes and other routes may be found here.

MINIMUM WAGE REQUIREMENT

Both routes have minimum salary requirements. The general minimum salary threshold for the Skilled Worker route is £38,700 (although this may be lower if certain specified criteria is met) and the threshold for the Senior or Specialist Worker route is £48,500. The applicant must also meet the occupational ‘going rate’ for their role if this will be higher than the general minimum threshold. The going rates for sponsored occupations are set out in the Immigration Rules.

Allowances, bonuses and expenses may only be taken into account (subject to meeting certain criteria) for the Senior or Specialist Worker route. This is generally not the case when calculating the appropriate salary for the Skilled Worker route, except for when certain predecessor category Tier 2 transitional arrangements may be applicable.

ACADEMIC QUALIFICATION REQUIREMENT

There is no specific academic qualification requirement. However, the Home Office will consider whether the applicant has the appropriate skills, qualifications and experience needed to undertake the role they will be sponsored for. Under the Skilled Worker route, currently, applicants must be sponsored for roles which are at least Regulated Qualifications Framework (RQF) level 3 (i.e. UK A-Level standard roles). Under the Senior or Specialist Worker route, applicants must be sponsored for roles which are at least RQF level 6 (i.e. degree level roles). There is though no direct requirement for applicants to have A Levels or a degree. Following the publication of the Immigration White Paper, the skill level will change in 2025 so only roles that are at RQF Level 6 can be sponsored, unless the role is in a defined shortage occupation.

QUOTA LIMITATIONS

There are currently no quota limitations for either route.

AGE RESTRICTION

To be eligible to apply for sponsorship under the Skilled Worker and Senior or Specialist Worker routes, the applicant must be at least 18 years old. For Skilled Worker applications, applicants under the age of 26 on the date of application may be able to benefit from reduced salary thresholds under specific rules relating to “new entrants.”

EMPLOYMENT SENIORITY REQUIREMENT

Employment seniority is not a requirement for applications under the Skilled Worker or Senior or Specialist Worker routes. However, Senior or Specialist Worker applicants must have worked for an overseas linked entity of the UK company for a minimum of one year unless their gross annual salary in the UK will be at least £73,900.

FOREIGN ENTITY REQUIREMENT

The foreign employer must have an entity in the UK which holds a Senior or Specialist Worker and/or Skilled Worker sponsor license before an application can be made. A sponsored worker may carry out work at a third-party company’s premises (i.e. at a client site), however the sponsor must retain control of their duties and outputs throughout the duration of the relevant contract with the client. If the worker is carrying out work for a third party on the sponsor’s behalf, they must be contracted by their sponsor to provide a time-bound, non-routine service or project which has a specific end date.

PAYROLL REQUIREMENT

It is permissible to remain on the home country or international payroll during the assignment so long as the salary meets the salary thresholds on the day that the certificate of sponsorship (CoS) is assigned to the applicant and evidence of the relevant currency conversion should be retained and explained on the CoS. Pay slips should be retained/accessible to evidence the correct payment.

TIMING TO OBTAIN WORK PERMIT / VISA

The time taken from initial preparation to the point of submission of a Skilled Worker / Senior or Specialist Worker application will usually be around 4-8 weeks, although it may be much quicker for straightforward applications and depends on the type of visa required. Requesting a Certificate of Sponsorship for a new hire Skilled Worker takes around 5 working days. For Senior or Specialist Workers, the sponsoring employer may have a number of CoSs available on their sponsor license, so these can be assigned immediately. The employee must then generally attend a biometric appointment, which can usually be booked within one week. The Home Office’s standard processing time for sponsored work visa applications submitted from outside the UK is three weeks from the date of the biometric appointment. There may be priority services available depending on where the application is submitted. Using the priority service means the application should be completed within five working days and if the super priority service is used it should be completed the next working day.

LOCAL RESIDENCE REGISTRATION OR PERMIT REQUIREMENT

There is no local residence registration or permit requirement.

LOCAL NOTIFICATION REQUIREMENT WITH LABOR / SOCIAL SECURITY AUTHORITIES

Foreign workers coming to the UK to work are generally subject to UK National Insurance Contributions (NIC) unless they fall under specific exemptions or agreements. Most people employed in the UK, including sponsored workers, are liable for NIC from the start of their employment, regardless of their nationality. However, some exceptions exist for posted workers from certain countries or those covered by social security agreements, where NICs may not be payable for limited periods. Sponsored workers may be issued with a National Insurance Number following the approval of their visa application or their sponsor/employer will need to apply for it. The UK sponsor will be subject to various reporting and record-keeping duties for all their sponsored employees.

WORK INITIATION

The anticipated work start date should be detailed on the CoS assigned to the Skilled Worker or Senior or Specialist Worker employee, who can then submit their UK immigration application up to three months before this date. Once the application has been approved, the employee can start work before the date in the CoS provided that the Home Office is notified. The employee must have arrived in the UK after the commencement of the sponsored work visa, otherwise they are likely to be in the UK as a visitor without permission to work. Sponsors must also check the date of first arrival in the UK. Once immigration permission has been granted the start date cannot be delayed for more than 28 days, unless there is a permitted reason.

DEPENDENTS

Spouses, civil partners, unmarried partners who have been in a relationship like to marriage for at least two years (normally cohabiting throughout that time) and children under the age of 18 can join the employee as dependents. They are permitted access to the local labor market, except as a sportsperson / sports coach.

PERMANENT RESIDENCE / CITIZENSHIP

The Skilled Worker route can lead both to permanent residence (known as ‘settlement’ or ‘indefinite leave to remain’) in the UK and British citizenship. The qualifying period is currently 5 years. Once a person has obtained settlement (permanent residence) they will usually be eligible for British Citizenship either 12 months later or immediately if they are married to a British Citizen. The Senior or Specialist Worker route does not lead to settlement or British citizenship.

MINIMUM PRESENCE REQUIREMENT

To be eligible for settlement under the Skilled Worker route, the applicant must have resided in the UK for five years with valid permission under expressly specified routes, and the applicant must not have spent more than 180 days outside the UK in any 12-month period during this qualifying period. The applicant must also pass a Life in the UK test and meet the English language requirements for settlement. Certain criminal convictions may be a bar to applying for settlement. The route to settlement may increase from 5 to 10 years in 2025 with the concept of “earned settlement” being introduced.

To be eligible to naturalize as a British citizen, the residence requirements include that the applicant must have been settled in the UK for 12 months, not have been absent from the UK for more than 90 days in the 12 months immediately prior to the date of application and not have been absent from the UK for more than a total of 450 days in the five years immediately prior to the date of application. There is some discretion on absences from the UK for naturalization applications, for example, where a person is travelling on business for a UK-based employer. The requirements are different for applicants who are married to British citizens – they are subject to slightly relaxed residence requirements. The route to Citizenship may increase in 2025 with the concept of “earned Citizenship” being introduced.

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