www.ukti.gov.uk
Information Sheet
ENTRY TO THE UK FOR BUSINESS AND EMPLOYMENT
This information sheet summarises the key as...
www.ukti.gov.uk
enquiry form on its website which can be used to determine whether entry clearance is
required.
3. BUSINES...
www.ukti.gov.uk
professional artists, entertainers or sports-persons). Applicants under this category are
permitted to rem...
www.ukti.gov.uk
– Investors: for high net worth individuals who are making a substantial financial
investment in the UK (p...
www.ukti.gov.uk
programme which clearly defines progression towards a managerial or
specialist role (there is an annual li...
www.ukti.gov.uk
Sole Representatives of overseas firms require prior entry clearance to enter the UK and
must also:
 demo...
www.ukti.gov.uk
APPENDIX A
Entry Clearance
The European Economic Area (EEA) incorporates all European Union countries and ...
www.ukti.gov.uk
Ethiopia Nepal Venezuela***
Fiji Niger Vietnam
Gabon Nigeria Yemen
Gambia Northern Cyprus Zambia
Georgia O...
www.ukti.gov.uk
APPENDIX B
Points-based system: Tier 2 (General) Skilled workers
Tier 2 Skilled workers:
At least 70 point...
www.ukti.gov.uk
APPENDIX C
Transitional arrangements
Category Summary
Highly skilled worker
(Tier 1 General)
For people wh...
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Entry to the UK - March 2013

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Transcript of "Entry to the UK - March 2013"

  1. 1. www.ukti.gov.uk Information Sheet ENTRY TO THE UK FOR BUSINESS AND EMPLOYMENT This information sheet summarises the key aspects of entering the UK for business and employment. The factors covered are: 1. Overview 2. Entry clearance 3. Business visitors 4. Working in the UK: The Points-Based System 5. Representatives of an overseas business 6. Further information The UK Government has implemented significant changes to the UK immigration system. Individuals and organisations are, therefore, strongly encouraged to obtain the latest information from the UK Border Agency website. 1. OVERVIEW The UK has a positive approach to administering and processing the applications of people who wish to enter the country to set up a business, work or study. In general, British citizens, people with “right of abode”, those settled in the UK and nationals of European Economic Area countries (EEA) are permitted to live and work freely in the UK – all others must apply to enter the UK to work or to set up in business by using a points-based system for immigration (see Section 4 of this information sheet) or the ‘representatives of an overseas business’ visa (see Section 5 of this information sheet). 2. ENTRY CLEARANCE “Entry clearance” is the formal term to describe the application process for foreign nationals who do not have “right of abode” in the UK and who wish to enter the country. The two key categories for entry clearance are known as:  Visa nationals. These are nationals of countries who require a visa to enter the UK for any reason (please see Appendix A for a list of visa national countries). Entry clearance must be applied for at a British “overseas mission” (such as a British Embassy, High Commission, other British Diplomatic Post or Visa Application Centre), which issues visas in the country where the applicant is normally and legally resident. An applicant for entry clearance must be outside of the UK at the time of the application; and  Non-visa nationals. These are nationals from countries who do not require a visa to enter the UK (such as the United States of America, Canada, Australia and Japan) and who intend to stay as a visitor for a period of less than six months. Non-visa nationals seeking to stay in the UK for more than six months, or those wishing to work or study in the UK, must apply for the relevant visa. Further information and advice about entry clearances and all other aspects of immigration can be obtained from the UK Border Agency website. The UK Border Agency also has a visa
  2. 2. www.ukti.gov.uk enquiry form on its website which can be used to determine whether entry clearance is required. 3. BUSINESS VISITORS There are particular immigration rules for people visiting the UK on business. These include the need for visa nationals to obtain a business visa to enter the UK as a business visitor, whilst non-visa nationals can seek entry as a business visitor from an immigration officer at a UK port of arrival. A business visitor can: a) attend meetings or conferences, b) arrange deals, negotiate or sign trade agreements or contracts, c) undertake fact-finding missions, conduct site visits and check details or goods, d) be a translator or interpreter for visiting business persons, e) deliver goods from abroad, f) be a representative of a foreign company coming to service, repair or install its products, g) be an adviser, consultant, trainer or other kind of specialist who is employed abroad either directly or under contract by the same company or group of companies, h) be a board-level Director attending a board meeting in the UK, or i) be a secondee where a UK company is providing goods and services to an overseas company on a direct contractual basis (and not vice versa) and where there is no corporate relationship between the two companies. The individual will be seconded for the purpose of assisting the UK company to deliver the contract and must remain employed and paid by the overseas company throughout their visit. Business visitors cannot: a) take paid or unpaid work, b) produce goods or provide services in the UK, or c) sell goods and services to members of the public. A non-visa national business visitor would normally be granted leave to enter the UK for a maximum of six months on each visit. Visa nationals can apply for a business visit visa which is normally valid for six months and allows an unlimited number of entries to the UK during the validity of the visa. Individuals who visit the UK regularly can apply for a multiple-entry business visa that can be valid for up to ten years. Further information and visa application forms are available from the UK Border Agency website. In addition, prospective entrepreneurs that are intending to invest in, or set up, a business in the UK, can apply under the ‘Prospective Entrepreneurs’ visa, which will allow them to enter the UK to secure funding and make arrangements for starting their business (a holder of this visa can subsequently switch to the main ‘Entrepreneurs’ visa in the UK – see below for further information). A new ‘permitted paid engagements’ visitor category has recently been created for a limited group of migrants who are invited to the UK because of their particular skill or expertise (such as giving a lecture, providing advocacy in a specialist area of law, or for
  3. 3. www.ukti.gov.uk professional artists, entertainers or sports-persons). Applicants under this category are permitted to remain in the UK for up to one month. 4. WORKING IN THE UK: The Points-Based System The UK Government’s points-based immigration system ensures that those with the appropriate skills are able to come to the UK to work. As the points-based immigration system has recently been amended, individuals and companies that wish to work in the UK should ensure that they are fully up to date with the latest information and guidance from the UK Border Agency website or by contacting +44 (0)114 207 4074. The key element of the system is that applicants to work in the UK are awarded points based, in general, on earnings, English language ability, meeting investment thresholds, access to funds for maintenance and the demand for particular skills from any given sector. There are five tiers of the points-based system, specifically:  Tier 1: Applies to people with exceptional talent or those seeking self employment or to invest in a UK business. The categories within Tier 1 are: – Entrepreneurs: for people investing in the UK by setting up (or taking over) and being actively involved in the running of one or more businesses in the UK. Applicants will need to demonstrate that they have: (i) access to at least £200,000 to make a fresh investment into a business in the UK; or (ii) access to at least £50,000 from:  one or more registered venture capital firms regulated by the Financial Services Authority;  UK entrepreneurial seed funding competitions listed as endorsed on the UK Trade & Investment website; and/or  one or more UK Government departments (including Devolved Administration Departments), which have made the funds available for the specific purpose of establishing or expanding a UK business. The entrepreneur must show that the necessary minimum funds are held, or invested in the business, both at the time of application and on an ongoing basis. Accelerated settlement is now offered after three years’ continuous residence in the UK if:  the new business has created at least 10 new full-time jobs for settled people; or  the new UK business has had an income from business activities of at least £5 million during a 3-year period while the applicant has been in the UK under the Entrepreneur category; or  the applicant has taken over or invested in an existing UK business, which has resulted in a net increase of £5 million in income from business activities during a 3-year period while the applicant has been in the UK under the Entrepreneur category (compared to the immediate preceding 3- year period). Further information about the Entrepreneurs visa can also be found on the UK Trade & Investment website.
  4. 4. www.ukti.gov.uk – Investors: for high net worth individuals who are making a substantial financial investment in the UK (points are awarded based on the ability to invest £1 million in the UK). Accelerated settlement in the UK is now offered to those who invest over £10 million (allowing settlement after two years) and those who invest between £5 million and £10 million (allowing settlement after three years). – Exceptional talent: a category for people who have won international recognition in scientific and cultural fields, or who show sufficient exceptional promise to be awarded such recognition in the future. Applications by those with exceptional promise will be endorsed by a ‘competent body’ in the relevant field. This category is subject to a limit of 1,000 places for 2012/13. – Graduate entrepreneurs: a new category for non-European graduates identified by UK higher education institutions as having developed world class innovative ideas or entrepreneurial skills, and allowing them to extend their stay in the UK after graduation to establish a business in the UK. This category is subject to a limit of 1,000 places for 2012/13.  Tier 2: Applies to foreign nationals who have a skilled, graduate-level job offer to fill a gap in the workforce that cannot be filled by a settled worker. The main business- related categories within Tier 2 are: – General: there is an annual limit of 20,700 for applications made under this category. Jobs that attract a salary of £150,000 or more are exempt from the annual limit, as are applications made from people that are already in the UK under another category and are seeking to switch to this category or to extend their stay in the UK. In addition, prospective workers must be paid a salary at the “appropriate rate” and speak English to at least intermediate level. Successful applicants under this category will be granted leave to remain in the UK for up to three years, with the possibility of extending for a further three years. An individual can currently apply for permanent residence in the UK once they have been in the UK for a continuous period of five years (subject to certain conditions being met, that include certification from the sponsor that they still require the individual for the specific job and confirmation that the individual is paid at, or above, the “appropriate rate” for the job). With effect from 6th April 2016, applicants must also show that they are being paid a minimum of £35,000 per annum (before tax) or the correct rate of pay for their specific job as stated in the codes of practice for Tier 2 sponsors (whichever is the higher amount will apply). For further information about this category and the points requirement, please see Appendix B. – Intra-company transfers: under one of four categories:  ‘Long-term staff’, for established, skilled employees to be transferred to the UK branch of their organisation for more than 12 months (up to a maximum of 60 months) to fill a post that cannot be filled by a new recruit from the resident workforce. Applicants must earn a minimum annual salary of £40,000. Applicants that entered after 6th April 2010 can stay in the UK for a maximum of five years (although applicants earning over £150,000 are able to stay in the UK for up to nine years).  ‘Short-term staff’, for established, skilled employees to be transferred to the UK branch of their organisation for 12 months or less to fill a post that cannot be filled by a new recruit from the resident workforce. Applicants must earn a minimum annual salary of £24,000.  ‘Graduate Trainees’, for the transfer of recent graduate employees to a UK branch of the same organisation as part of a structured graduate training
  5. 5. www.ukti.gov.uk programme which clearly defines progression towards a managerial or specialist role (there is an annual limit of five graduate trainees per company). Applicants must earn a minimum annual salary of £24,000.  ‘Skills Transfers’, for the transfer of new graduate employees to a UK branch of the same organisation to learn the skills and knowledge required to perform their job overseas, or to impart their specialist skills or knowledge to the UK workforce. Applicants must earn a minimum annual salary of £24,000.  Tier 3: This Tier for low-skilled workers is suspended.  Tier 4: Applies to people who are coming to the UK to undertake a course of study at a UK educational establishment.  Tier 5: Applies to people who are coming to the UK to undertake a period of temporary work or coming to the UK via the “Youth Mobility Scheme”. The categories within Tier 5 are creative and sporting workers, religious workers, charity workers, and people on international agreement schemes and youth mobility schemes. Individuals on government authorised exchanges are also able to apply under this category. In addition, the government authorised exchange category allows people to come to the UK through approved schemes that aim to share knowledge, experience and best practice, and to experience the social and cultural life of the UK (this category also includes routes for business interns to come to the UK). For further information, including a points-based calculator, please visit the UK Border Agency website. Sponsorship Under the points-based system, employers or educational institutions require a licence to “sponsor” an individual wishing to enter the UK for employment. The process of obtaining sponsorship takes approximately four weeks. UK Trade and Investment’s recent inward investment clients can request that the organisation provides a letter of support as part of their application. Transitional Arrangements The points-based system affects people who currently have permission to stay in the UK in immigration categories that have been removed as part of the changes to the UK immigration system. Individuals affected by this are able to complete the period for which they have been granted permission to stay (providing they comply with the existing terms of their permission to stay in the UK). For further information about transitional arrangements, including links to specific information about Tier 1 and Tier 2 of the points-based system, please see Appendix C. 5. REPRESENTATIVES OF AN OVERSEAS BUSINESS If a substantial trading company located outside of the UK has no current branch, subsidiary or representation in the UK, it may be able to send a member of staff as a ‘Sole Representative’.
  6. 6. www.ukti.gov.uk Sole Representatives of overseas firms require prior entry clearance to enter the UK and must also:  demonstrate that they have been employed outside of the UK as a representative of a firm that has its headquarters and carries out most of its business outside of the UK, and which has no branch, subsidiary or other representative in the UK (other than distributors or agents),  be applying for entry to the UK as a senior employee (with full authority to take decisions on behalf of the overseas firm for the purpose of representing it in the UK) and be establishing and operating a registered branch or wholly-owned subsidiary of the overseas firm,  intend to be employed full-time as a representative of the overseas firm,  be competent in the English language to a “basic user” standard,  not be a majority shareholder in the overseas firm (defined as owning at least 50 per cent of the overseas firm),  not intend to take employment except within the terms of the above, and  be able to maintain and accommodate themselves and any dependants adequately without needing help from public funds. Initially, a person seeking to enter the UK as a Sole Representative may be admitted for a period of three years. After this period, it is generally possible to extend leave to remain in the UK for a further two years. A Sole Representative of an overseas firm may be accompanied by his/her spouse and children (as dependants). 6. FURTHER INFORMATION This information sheet was updated in March 2013. As information changes from time to time, please contact the organisations listed or UK Trade & Investment to confirm any item that you intend to rely on. For all investment enquiries, please contact the ‘UKTI Investment Hub’ on +44 (0)20 7333 5442 or via email at enquiries@ukti-invest.com. This information sheet was produced by: UK Trade & Investment Marketing 1 Victoria Street London SW1H 0ET Tel: +44 (0)20 7215 4957 Email: enquiries@ukti.gov.uk Website: www.ukti.gov.uk
  7. 7. www.ukti.gov.uk APPENDIX A Entry Clearance The European Economic Area (EEA) incorporates all European Union countries and Norway, Iceland and Liechtenstein. Nationals of these countries are free to enter the UK to seek and take any employment, or to establish a business or become self-employed (Swiss nationals also have the same freedom of movement and work as EEA nationals and do not need prior entry clearance). The exception to this is Bulgarian and Romanian nationals, who no longer require entry clearance to reside legally in the UK, but must obtain permission before commencing employment in the UK - for further information, please visit the UK Border Agency website. Nationals of the countries listed below in Figure 1 (known as “visa nationals”) must obtain a visa before travelling to the UK and should apply at a “UK visa issuing post” in their home country or in the country where they are normally and legally resident. Figure 1: Nationals of countries that must obtain a visa before entering the UK Afghanistan Ghana Pakistan Albania Guinea Palestinian Territories Algeria Guinea Bissau Peru Angola Guyana Philippines Armenia Haiti Qatar Azerbaijan India Russia Bahrain Indonesia Rwanda Bangladesh Iran São Tomé & Principe Belarus Iraq Saudi Arabia Benin Ivory Coast Senegal Bhutan Jamaica Serbia Bolivia Jordan Sierra Leone Bosnia-Herzegovina Kazakhstan Somalia Burkina Faso Kenya South Africa Burma (Myanmar) Korea (North) South Sudan Burundi Kosovo Sri Lanka Cambodia Kuwait Sudan Cameroon Kyrgyzstan Surinam Cape Verde Laos Swaziland Central African Republic Lebanon Syria Chad Lesotho Taiwan** China, People's Rep. of* Liberia Tajikistan Colombia Libya Tanzania Comoros Macedonia Thailand Congo, Democratic Republic of Madagascar Togo Congo Malawi Tunisia Cuba Mali Turkey Djibouti Mauritania Turkmenistan Dominican Republic Moldova Uganda Ecuador Mongolia Ukraine Egypt Montenegro United Arab Emirates Equatorial Guinea Morocco Uzbekistan Eritrea Mozambique Vatican City
  8. 8. www.ukti.gov.uk Ethiopia Nepal Venezuela*** Fiji Niger Vietnam Gabon Nigeria Yemen Gambia Northern Cyprus Zambia Georgia Oman Zimbabwe Source: UK Border Agency, 2013 * Unless the applicant holds a passport issued by Hong Kong Special Administrative Region or Macau Special Administrative Region. ** Unless the applicant holds a Taiwan passport which includes the number of the identification card issued by the competent authority in Taiwan. *** Unless the applicant holds a Venezuelan passport which contains biometric information held in an electronic chip.
  9. 9. www.ukti.gov.uk APPENDIX B Points-based system: Tier 2 (General) Skilled workers Tier 2 Skilled workers: At least 70 points are required from this table (including 10 for maintenance and 10 for English) All jobs must be at graduate level or above Section Certificate of sponsorship Prospective Earnings (£) A (50 points needed) Offer of job in a shortage occupation 30 Below 20,000* 20,000 and above 0 20 Offer of job that has an annual salary of £150,000 or more 30 Completion of a resident labour market test by employer 30 Extension of stay for those working in the same job for the same employer 30 B Competence in English (10 points needed) 10 C Maintenance requirement (10 points needed) 10 Source: UK Border Agency, 2013 * Applicants that are already in the UK and fall into one of the following categories will be awarded 20 points:  a Tier 2 (General) migrant under the Immigration Rules that were in place before 6 April 2011;  a ‘Jewish agency’ employee;  a member of the operational ground staff of an overseas-owned airline;  a minister of religion, missionary or member of a religious order;  a representative of an overseas newspaper, news agency or broadcasting organisation; or  a work permit holder. For further detailed information regarding the above table, please visit: www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/eligibility/pointsassessment/ For the year from 6 April 2012 to 5 April 2013, a maximum of 20,700 skilled workers can come to the UK under Tier 2 (General) to do jobs with an annual salary below £150,000. There is no limit on the number of workers coming to the UK to do jobs with an annual salary of £150,000 or above. The limit of 20,700 places will be subdivided into 12 monthly allocations. In any particular month, should the limit be oversubscribed, applications will be scored and prioritised based on the following two criteria: 1. The type of job: - Jobs on the list of ‘shortage occupations’: 75 points; - Jobs at PhD level in the following standard occupational classifications (Research and Development Managers; Chemists; Biological Scientists and Research Chemists; Physicists; Geologists and Meteorologists; Higher Education Teaching Professionals; Scientific Researchers; Social Science Researchers; and Researchers not elsewhere classified): 50 points; or - Jobs where the Resident Labour Market Test has been passed (or where the job is exempt from the Resident Labour Market Test): 30 points. 2. The salary that will be paid for the job, with points awarded ranging from 2 points to 30 points for salaries ranging from £20,000 to £149,999.99.
  10. 10. www.ukti.gov.uk APPENDIX C Transitional arrangements Category Summary Highly skilled worker (Tier 1 General) For people who are part-way through the process of applying to the Highly Skilled Migrant Programme or who have permission to stay in the UK as a highly skilled migrant and want to extend their stay. Highly skilled worker (Tier 1 Investor) For people who are already in the UK under the former ‘investor’ category and want to extend their permission to stay and are eligible to switch into the Tier 1 Investor category. Highly skilled worker (Tier 1 Entrepreneur) For people who are already in the UK as a ‘business person’ or ‘innovator’ and want to extend their permission to stay in the Tier 1 Entrepreneur category. Tier 2 General For people who are already in the UK as a qualifying work permit holder and want to switch into the Tier 2 General category. In order to switch, individuals must have been working in the UK for less than five years and must, following the application, continue to work for the same employer. Tier 2 Intra-company transfers For people who are currently in the UK with an ‘intra-company transfer’ work permit.

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