Overview of the UK immigration system
Non-EEA or Swiss nationals must score a specified number of points to come and work, set up business, or study in the UK.
Non-EEA or Swiss nationals must score a specified number of points to come and work, set up a business, or study in the UK. Points are based on several criteria including skills; level of education; salary; English language proficiency; All non-British and non-Irish nationals are subject to the UK's Points Based Immigration System in order to live, work or study in the UK. We have set out below a summary of the most relevant UK visas:
Tier 1 – entrepreneurs and investors
| Purpose of visa | Total stay | |
| Entrepreneur | for those who have access to at least £50,000 of disposable investment funds and want to set up or takeover a business in the UK | 3 years 4 months extendable by a further 2 years |
| Graduate entrepreneur | for graduates who have been officially endorsed as having a genuine and credible business idea | 1 year extendable by a further year |
| Investor | for those who can invest at least £2m in active and trading UK registered companies | 3 years 4 months extendable by a further 2 years |
Skilled Worker Visa
A Skilled Worker must be sponsored by a UK employer before they can apply under this visa category. The employer will first have to apply for a Licence to Sponsor and, if granted, the applicant can then apply for the visa. This route should only be used where there is a genuine vacancy which cannot be filled by a suitably qualified settled worker. The two most common work visas are:
| Eligibility | Total stay | |
| Skilled Worker Visa |
|
|
| Tier 2 (ICT) |
|
|
Tier 4 – students
A Tier 4 (General) student visa is for those over 16 years old and who have been made an unconditional offer of a place on an approved course with an approved UK education establishment. The student will need to pass an approved English language test and have enough money to support themselves and pay for the course. Students can work in most jobs during the period of this visa.
Visitors
Visitors to the UK for up to a maximum of 6 months for leisure or business can apply for a standard visitor visa. Visitors who are coming to the UK to review private medical treatment can stay for up to 11 months on a standard visitor visa. There are limitations on the type of business-related activities that can be undertaken.
Those applying for a standard visitor visa must be able to demonstrate that they will leave the UK at the end of the visit and can support themselves and any dependents during the trip.
Right to work checks
All UK businesses must check and copy certain specified documents prior to an individual starting employment, in order to prove that they have right to work. Failure to do so could result in civil penalties of up to £20,000 per work and/or criminal penalties, including up to 5 years imprisonment.
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Mark Hickson
Head of Business Development
onlineteaminbox@brownejacobson.com
+44 (0)370 270 6000
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