Following the Brexit and the end of EU free movement, the UK government introduced a new Points-Based Immigration System on 1 January 2021, which replaced the old points-based-system introduced in 2008 for non-EEA workers.
The new immigration system applies to everyone from outside of the UK (excluding the Republic of Ireland) wishing to work, live and study in the UK. It aims to attract and prioritise highly skilled migration and provides routes for skilled workers, students, and other specialists such as global leaders and innovators. Non-UK nationals will have to attain 70 points to qualify for a UK work or student visa.
In 2022, the UK government has announced wide-ranging changes to its Immigration Rules, including the launch of the new Global Business Mobility, High Potential Individual, and Scale-up routes for work. As for study, Tier 4 (General) and Tier 4 (Child) visas were also replaced by the Student and Child Student visa routes in October 2020.
Skilled Worker visa
The Skilled Worker visa replaced the previous Tier 2 (General) work visa in December 2020. It allows a non-UK worker to come to or stay in the UK to do an eligible skilled occupation with an approved employer by the Home Office. It’s a route to settlement. Under this route:
- Those with the relevant skillset must have a confirmed job offer from a UK licensed sponsor that meets the minimum salary and skill requirements.
- The visa can last for up to 5 years, and can be extended as many times as needed
- An application for settlement (indefinite leave to remain) can be applied for after five years.
- Dependants are eligible to apply to join/accompany the main applicant.
Global Talent visa
The Global Talent visa replaced the Tier 1 (Exceptional Talent) visa in February 2020. It is open to a leader or potential leader within the fields of academia, research, arts and culture, or digital technology. It’s a route to settlement and Indefinite Leave to Remain. Under this route:
- Those eligible can come to the UK unsponsored, i.e. no job offer is required.
- The applicant must either have successfully applied for an endorsement to prove that they’re a leader or potential leader in their specialist field, or have won an eligible award.
- Dependants are eligible to apply to join/accompany the main applicant.
- There is no maximum number of years that you are able to remain in the UK
Scale-up Worker visa
A new Scale-up Worker visa, launched in August 2022, allows foreign nationals to come to the UK to do an eligible job for a fast-growing UK business, called a ‘scale-up business’. It’s a route to settlement and Indefinite Leave to Remain. Under this route:
- Those with the relevant skillset must have a confirmed job offer to work for an approved scale-up business for at least 6 months.
- The visa holders are able to change jobs and employers. For the first six months, the applicant can only work for the company which has sponsored the via. After this immigration status is not tied to the employer who sponsored the initial visa.
- The initial visa will be granted for two years, after which an extension for three years can be applied for. An application for settlement can be applied for after five years.
- Dependants are eligible to apply to join/accompany the main applicant.
Start-Up and Innovator visas
The Start Up visa is aimed at entrepreneurs who want to set up an innovative business in the UK for the first time. The Innovator visa is for experienced entrepreneurs with industry experience and at least £50,000 funding who are seeking to establish a new business in the UK. This visa replaced the previous Tier 1 Entrepreneur visa.
- Both Start-Up and Innovator visas must be something that’s different from anything else on the market, and both must be endorsed by an authorised body.
- Innovator visas are valid for 3 years and lead directly to settlement in the UK.
- Start-up visas are one-off visas, valid for 2 years, which do not lead to settlement in the UK, but may be able to switch to an Innovator visaand qualify for settlement 3 years later.
- Both Start-up and Innovator visas can bring their family and any children under the age of 18 to the UK.
Graduate visa (Post-Study Work, PSW)
The Graduate Visa is a Post-Study Work (PSW) visa which gives foreign students permission to work or look for work after their studies for 2 years, or 3 years for PhD. This route does not lead to settlement. Under this route:
- Those eligible can stay in the UK unsponsored, i.e. no job offer is required.
- They can stay for up to two years, or three years if they hold a PhD or other doctoral qualification.
- The visa can’t be extended, but can be switched to a different visa, e.g. a Skilled Worker visa.
- Existing family members already in the UK are allowed to stay on as dependants, but new dependants are not allowed, apart from children born in the UK.
High Potential Individual (HPI) visa
The High Potential Individual visa is similar to the Graduate route but offered only to international graduates from a top 50 global university, as published in the global universities list by the Home Office, in the last 5 years. This visa route will not lead to settlement, and the applicants can bring their dependents with them. Under this category:
- Those eligible can come to the UK unsponsored, i.e. no job offer is required.
- HPI visa holders can be employed or self-employed once in the UK.
- They can stay for up to two years, or three years if they hold a UK PhD equivalent.
- This visa will not be available to those who halve already had a Graduate visa.
Global Business Mobility routes
The Global Business Mobility routes were introduced on 11 April 2022 and have replaced various previous schemes. The visa routes do not lead to settlement, and the applicants can bring their dependents with them.
The Global Business Mobility routes are for workers based outside the UK who are undertaking a temporary work assignment in the UK as a Senior or Specialist Worker, Graduate Trainee, UK Expansion Worker, Service Supplier or Secondment Worker.
There are five visa routes created, which include:
- The Senior or Specialist Worker route – This replaced the intra-company transfer (ICT) visa. It is for overseas workers who are undertaking temporary work assignments in the UK, where the worker is a senior manager or specialist employee and is being assigned to a UK business linked to their employer overseas. The minimum salary is increased from £41,500 to £42.400 per annum.
- The Graduate Trainee route – This replaced the intra-company graduate trainee (ICT) visa. It is for overseas workers who are undertaking temporary work assignments in the UK, where the worker is on a graduate training course leading to a senior management or specialist position and is required to do a work placement in the UK. Supplementary employment will not be permitted.
- The UK Expansion Worker route – This route replaced the sole representative route on 11th April 2022 and is no longer leading to settlement. It is for overseas workers who are undertaking temporary work assignments in the UK, where the worker is a senior manager or specialist employee and is being assigned to the UK to undertake work related to a business’s expansion to the UK.
- The Service Supplier route – this route is for overseas workers who are undertaking temporary work assignments in the UK, where the worker is either a contractual service supplier employed by an overseas service provider or a self-employed independent professional based overseas, and they need to undertake an assignment in the UK to provide services covered by one of the UK’s international trade agreements.
- The Secondment Worker route – this route is for overseas workers who are undertaking temporary work assignments in the UK, where the worker is being seconded to the UK as part of a high value contract or investment by their employer overseas.
International students including EEA, EU and Swiss nationals will need a UK Student Visa to come and study in the UK. Students can check if they need a visa on the government visa and immigration website.
The Student Visa, known as Student Route, is part of the UK visas and immigration’s points based system for students who wish to study in the UK. To make a successful application international students must meet the full requirements of the immigration rules and achieve 70 points.
There are a number of different visas a student can apply for entry into the UK and they need to ensure they apply for the correct one. The following may be appropriate for a student, depending on their circumstances.
Student Visa
A student visa, known as a student route, is required for all international students who want to study full-time in the UK for a degree.
The Student visa replaced Tier 4 (General) student visa after October 2020, for students who want to study post 16 education full time, leading to an approved qualification at a licensed UK education provider.
The Child Student visa also replaced Tier 4 (Child) student visa for students aged between 4 and 17 who want to study at an independent school in the UK.
Click the link for UK Visas and Immigration Guidance on Student route, which provides detailed information for applications to stay or come to the UK under Student and Child Student.
Students can switch from a Student Visa to a Skilled Worker Visa (formerly the Tier 2 Visa) from within the UK if they have a job offer from an employer with a sponsor licence and meet all the eligibility requirements. Successful Skilled Visa applicants are able to settle permanently in the UK after 5 years on this visa.
Short-term Study Visa
Short-term study visa is for international students who want to study English language in the UK for more than 6 months and up to 11 months.
Students can stay in the UK for the length of their course plus an extra 30 days as long as their stay is no longer than 11 months. Students don’t have the permission to bring family members or do jobs on short-term visas.
It is not possible to extend their stay in the UK after they have arrived. Therefore, students should only come as a ‘short-term study’ students if they are absolutely certain they will not want to work in the UK and will not want to stay for longer than 11 months. ‘Short-term students’ do not have to study full-time. There is no requirement for the course to lead to an approved qualification.
Click here for UKVI guidance for applying for a UK visa.
