In March 2022, the UK Government announced significant changes to the immigration system that took effect in Spring and Summer. These changes aim to support UK businesses by making it easier to recruit top talent from around the world. Some established business immigration routes have been closed, while new routes have been introduced.
Here’s a breakdown of the most important updates, including the closure of old routes and the launch of new visa categories for businesses and skilled workers.
New Business Immigration Routes
1. Scale-Up Route
The new Scale-Up route is designed for high-growth UK businesses, known as “scale-ups,” to hire talented graduates from abroad. To use this route, businesses must first become licensed sponsors.
Why is the Scale-Up route different from the Skilled Worker visa?
- For Candidates: After just 6 months with a sponsor, workers can switch employers and jobs. In contrast, the Skilled Worker visa ties workers to one employer.
- For Employers: Sponsors only need to meet their duties for 6 months, after which they are no longer responsible for the employee. Skilled Worker sponsors must fulfill ongoing duties throughout the employment.
What defines a “Scale-Up” business? To qualify as a scale-up, companies must meet these criteria:
- At least 10 employees at the start of the 3 years.
- Must have grown by at least 20% in both staffing and turnover each year for the past 3 years.
How to Apply for a Scale-Up Licence You can apply online to become a Scale-Up sponsor. The process is streamlined and will require fewer documents compared to the Skilled Worker route.
Eligibility for a Scale-Up Visa
- The job offer must be at the graduate level (RQF Level 6) or higher.
- The employee must be paid at least £33,000 per year or the industry standard for the role, whichever is higher.
- The applicant must have B1-level English skills.
The visa is granted for 2 years, with extensions possible if the employee meets the salary requirement for the role. After 5 years in the UK, applicants may apply for indefinite leave to remain (ILR), provided they meet the salary criteria for 2 out of the last 3 years.
2. Global Business Mobility Routes
The Global Business Mobility route is designed for short-term business assignments. There are five sub-categories:
- Senior or Specialist Worker: For highly skilled employees being transferred from overseas to the UK.
- Graduate Trainee: For skilled workers in a graduate training program.
- UK Expansion Worker: For senior employees expanding a business in the UK.
- Service Supplier: For contractual service suppliers working in the UK under trade agreements.
- Secondment Worker: For overseas employees temporarily assigned to the UK as part of a high-value contract or investment.
These routes do not lead to settlement in the UK and are for temporary business assignments only.
3. High Potential Individual (HPI) Visa
The High Potential Individual (HPI) Visa is aimed at attracting talented graduates from top universities around the world.
Eligibility
- Applicants must have a degree from a top-ranked university (within the last 5 years).
- The degree must be from a university ranked in the top 50 according to international rankings such as the Times Higher Education World Rankings.
How long does the HPI visa last?
- The visa lasts 2 years for Bachelor’s and Master’s graduates, and 3 years for PhD graduates.
- This visa does not lead to settlement in the UK.
The HPI visa is designed for flexibility, allowing candidates to work in any job, at any skill or pay level.
Route Closures
Along with these new routes, two well-established business immigration routes will be closed:
Sole Representative Route
The Sole Representative route, used by senior employees sent to the UK to set up a branch of a foreign company, will no longer accept new applications from 11 April 2022. Those already on the route can continue living and working in the UK and can extend their visas and apply for settlement.
Intra-Company Transfer (ICT) Route
The Intra-Company Transfer (ICT) visa, used for transferring senior staff or skilled workers from overseas branches to the UK, was officially closed on 11 April 2022. Employers wishing to bring overseas staff to the UK temporarily must use the new Global Mobility Senior or Specialist Worker or Graduate Trainee routes.
What does this mean for current ICT visa holders? Those with an ICT visa can continue living and working in the UK until their visa expires. If they want to stay longer, they will need to apply under one of the new routes, such as the Skilled Worker or Global Mobility routes.
The 2022 changes to the UK business immigration system mark a significant shift, particularly with the introduction of new routes like the Scale-Up, Global Mobility, and High Potential Individual visas. While some older routes are closing, the new visa categories offer exciting opportunities for businesses and skilled workers.
If you are a business looking to hire international talent or an individual seeking to apply for a new visa, it’s essential to understand these changes and how they may impact you. At Law and Visas, we can help you navigate these updates and ensure your business or application complies with the latest immigration rules. Contact us today for expert advice and assistance.
