Corporate Immigration — Recent and forthcoming changes in the UK Immigration Rules

Immigration update

Enhanced Professional Opportunities for Business Visitors Since December 2023

Santa Fe publication date

29 Feb 2024

Overview

Outlined below are the main changes which took effect from 31 January 2024. The amendments are anticipated to be part of a series of measures aimed at creating more flexibility to short-term mobility, with further announcements to come later in the year.

Background

The UK Government has announced changes to the immigration rules relating to visitors. In short, the changes are designed to create some flexibility to the permitted work-related activities that visitors can undertake and are primarily aimed at those conducting business in the UK. While this expands the activities that visitors can do without requiring sponsorship or seeking another form of immigration permission, it is hopeful that more changes are on the horizon.

Impact

Intra-corporate activities

The scope of permitted business activities has been expanded for those employed overseas, who enter the UK to undertake work for a branch or entity within the same corporate group.

The previous rules permitted individuals to advise and consult, troubleshoot, provide training and share skills and knowledge. However this was restricted to a specific internal project with UK employees of the same corporate group and did not allow for any direct work with clients.

The new changes still require the activity to be related to a specific internal project with UK employees. However, individuals can now work directly with clients, provided that:

• the individual’s movement remains in an intra-corporate setting;
• any client-facing activity is incidental to their employment overseas; and
• such activities are required for the delivery of a project or service by the UK branch of the overseas employer, and are not part of a project or service being delivered directly to the UK client by the employer overseas.

The explanatory memorandum confirms that such work cannot amount to the offshoring of a project or service to the overseas employer. Given the number of specific qualifications provided, this amendment may prove unlikely to have a significant impact on visitor activities.

Remote working

The rules now make it explicit that visitors can work remotely whilst in the UK, as long as this is not the primary purpose of their visit. It is worth noting that working remotely was already permitted – the Visit caseworker guidance (version 13.0) makes it clear that visitors can undertake activities relating to their overseas employment remotely, such as responding to emails or answering phone calls.

While an express provision may seem helpful, arguably, it could be viewed as more prescriptive and therefore problematic for those working in the UK remotely in a context other than “relating to their employment overseas”, such as those who are self-employed overseas.

Flight crew

Between March and October, a pilot or cabin crew member can work temporarily in the UK under the Civil Aviation Authority approved Wet Lease Agreement, provided the individuals remain employed and paid overseas. Flight crew members were already permitted to do this under a concession outside of the rules, so this, in effect, appears to be a tidying up of the rules to make this a permitted activity under the Visitor provisions.

Scientists, academics and researchers

Scientists and researchers may now take part in formal exchange arrangements with UK counterparts. This was previously only expressly permitted for academics.

Scientists, researchers and certain academics can also now conduct research in the UK as part of their visit. Previously, scientists and researchers could only conduct independent research, and academics could only conduct research for their own purposes if they were on sabbatical leave from their home institution.

Legal professionals

The list of permitted activities for legal professionals has been significantly expanded, and, interestingly, appears to be a non-exhaustive list. Previously, legal activities were limited to: an expert witness giving evidence in court; other witnesses attending a court hearing where summoned; and allowing an overseas lawyer to advise a UK-based client on specific international litigation or an international transaction. Overseas lawyers can now provide legal services whilst visiting the UK, including:

• advice (note that this is no longer restricted to a UK based client);
• providing advocacy for a court or hearing, or appearing in arbitrations or courts (where qualified or where the jurisdiction allows a short-term call);
• acting as an arbitrator, mediator or expert witness;
• conferences and teaching;
• litigation; and
• transactional legal services, including drafting contracts.

Permitted Paid Engagements (PPE)

Individuals invited to the UK for a specific paid engagement have been able to visit the UK for up to one month for this purpose. These include:

• highly qualified academics, examining students or participating in selection panels;
• experts giving lectures in their subject area;
• pilot examiners assessing UK-based pilots;
• qualified lawyers providing advocacy for legal proceedings, where invited by a client;
• professional artists, entertainers and musicians invited by a UK-based creative organisation, agent or broadcaster; and
• professional sportspersons invited by a UK based sports organisation, agent or broadcaster.

Speakers at conferences are now included in the PPE list, enabling them to receive payment from a UK source. This is a long-awaited change. Having seen a number of refusals in the past (in particular, non-visa nationals at port) for those visiting for short speaking engagements, this provision is a welcome one.

PPE was previously one of four types of visitors. As of today, PPE no longer falls under a separate visitor type and now sits within the Standard Visitor category. Those entering for the purpose of PPE will therefore be granted entry as a Standard Visitor, rather than specifically for PPE.

Date of implementation

31 January 2024

Santa Fe recommendation

Is the future looking positive for visitors?

If the aim is to make the UK an accessible and attractive place to conduct business, then more can be done to improve the current state of the Visitor rules. The implications of falling foul of the Visitor requirements are harsh and, at worst, can include re-entry bans of up to 10 years and criminal sanctions. While an alternative solution might be to obtain sponsorship with a UK-based organisation, this is often expensive.

Perhaps this is overly optimistic, but today’s changes, albeit relatively small, hopefully indicate a move towards a necessarily more flexible and pragmatic approach for those visiting the UK undertaking work-related activities especially at a time when salary thresholds are increasing.

Other changes

Please see below for a quick summary.

• 1 January 2024: UK Student Visa rules amended to prevent most international students from being accompanied or joined by a dependants whilst studying in the UK.
• 31 January 2024: Permitted activities for Visitors expanded, right to work conditions for Visitors amended to allow remote working, Permitted Paid Engagement Visitor route merged into the Standard Visitor route and new Appendix Bereaved Partner, Appendix Victim of Domestic Abuse and Appendix Statelessness introduced.
• 1 February 2024: Electronic travel authorisation (ETA) application process opened for nationals of Bahrain, Kuwait, Oman, the United Arab Emirates, Saudi Arabia and Jordan;
• 6 February 2024: Immigration Health Surcharge (IHS) increased by 66% to £1035 per year for adults.
• 13 February 2024: Fines for illegal working will triple under a new Civil Penalty regime;
• 11 March 2024: Care workers (SOC code 6145) and senior care workers (SOC code 6146) will not be permitted to bring dependents to the UK and care homes in England will be required to be regulated by the Care Quality Commission (CQC) in order to sponsor migrants under the Health and Care Worker visa route;
• 14 March 2024: A new Statement of Changes to the Immigration Rules will be laid before Parliament which will replace the existing Shortage Occupation List (SOL) with a new Immigration Salary List;
• 4 April 2024: The minimum salary threshold for a Skilled Worker visa will rise from £26,200 to £38,700 per annum.
• 6 April 2024: The requirement to renew Sponsor Licences will be removed.
  • 11 April 2024: The minimum income requirement for partners applying under Appendix FM will be increased from £18,600 to £29,000 per annum.

Contact us

Please get in touch with us for further information or clarification:

Koshi Blavo Barna
UK Head of Immigration
Santa Fe Relocation
koshi.blavobarna@SantaFeRelo.com

About our Immigration Service:

For expert advice and assistance with the future applications contact our immigration experts. However, we notify our clients that there are number of changes in the immigration rules.

If you are considering applying for a UK visa, you may therefore wish to submit your application sooner rather than later. And, whenever you apply, professional advice from an immigration experts will help to ensure that your application is approved first-time