UK Immigration Rules: Work Visa Guide

The UK Immigration Rules set out Home Office policy and practice in regulating the entry and stay of overseas nationals in the UK who are subject to immigration control. These rules are divided into several different documents, covering different routes and types of applicants.

What do the UK Immigration Rules cover?

The Rules begin with an introduction, comprising implementation and transitional provisions, provisions for Irish citizens who typically enjoy special status in the UK and therefore do not generally require leave to enter or remain in the country, as well as definitions or interpretations of the multiple different terms used throughout the Rules. These definitions include, for example, what is meant by an approved sponsor, sponsor licence, certificate of sponsorship, as well as different types of workers and work routes.

The introduction is set out within paragraphs 1 to 6.2.(b) of the UK Immigration Rules, with the following several different parts (together with a number of separate appendices):

• Part 1 (paragraphs 7 to 39E): leave to enter or stay in the UK
• Part 5 (paragraphs 128A to 199B): persons seeking to enter or remain in the UK for employment
• Part 6 (paragraphs 200A to 245): persons seeking to enter or remain in the UK as a businessman, self-employed person, investor, writer, composer or artist
• Part 6A (paragraphs 245AAA to 245ZZE): points-based system
• Part 7 (paragraphs A246 to 276BVI): other categories (including child residents, retired persons of independent means, the partners or children of retired persons of independent means, those with long residence and those in the armed forces etc)
• Part 8 (paragraphs A277 to 319Y): family members
• Part 9 (paragraphs 9.1.1. to 9.32.1): grounds for the refusal of entry clearance or leave
• Part 11 (paragraphs 326A to 352X): asylum
• Part 11A (paragraphs 354 to 356B): temporary protection
• Part 11B (paragraphs 357 to 361): asylum (additional to Part 11)
• Part 12 (paragraphs 353 to 353B): procedure and rights of appeal
• Part 13 (paragraphs A362 to 400): deportation
• Part 14 (paragraphs 401 to 416): stateless persons.

These specific parts are followed by multiple appendices, many of which will be of specific interest to employers looking to hire an overseas national to fill any essential skills gaps in their workforce, including both sponsored and unsponsored work routes.

When are the UK Immigration Rules updated?

The UK Immigration Rules are updated on a regular basis, typically several times each year, where all publicised changes can be found in the ‘Immigration Rules: statement of changes’. It is also possible to view most archived copies of the Immigration Rules as they were on the date before each statement of changes came into effect dating back to 2012.

Parts 2, 3, 4, 10 and 15 of the UK Immigration Rules have all been deleted in the latest version of the Rules. These previously dealt with transitional provisions relating to visitors, certain rules relating to students and au pairs, together with police registration and the condition to hold an Academic Technology Approval Scheme (ATAS) clearance certificate.

These deleted provisions either no longer apply because the requirements have been abolished or are not now relevant, or these have been replaced elsewhere in the Rules. For example, where a migrant worker needs to meet the ATAS requirement because they will be working in a role that involves researching a sensitive subject, reference should now be made under the Rules to Appendix ATAS: Academic Technology Approval Scheme.

Work visas under the UK Immigration Rules

There are various different work routes set out under the appendices to the UK Immigration Rules, where many of these routes will require the offer of a sponsored job role from a Home Office approved employer, while others will provide the migrant worker with the flexibility to work in any job role in the UK without the need for sponsorship.

Below we set out examples of some of the most popular work routes in the UK to recruit migrant workers, including both sponsored and unsponsored work routes:

• Appendix Skilled Worker: the Skilled Worker route is for employers looking to recruit people to work in the UK in a specific job role. A Skilled Worker must have the offer of a job in an eligible skilled occupation from a Home Office approved sponsor, where the employer must be approved to sponsor this category of workers before making a job offer and assigning a certificate of sponsorship for the worker to apply for a visa.
• Appendix Scale-up: the Scale-up route is for talented individuals recruited by a UK-based Scale-up sponsor who have the skills necessary to enable the Scale-up business to continue growing. The employer must again be approved to sponsor this category of worker, although sponsorship will only last for six months. The person must also have a high-skilled job offer from a qualifying business at the required salary level.
• Appendix Global Business Mobility (GBM) routes: the GBM routes are generally aimed at overseas workers currently based outside the UK who are looking to undertake a temporary work assignment in the UK. This could be as either a Senior or Specialist Worker, a Graduate Trainee, a UK Expansion Worker, a Service Supplier or a Secondment Worker. As with the Skilled Worker and Scale-up routes, GBM workers will also need to be sponsored for suitable roles that meet certain route-specific requirements.
• Appendix Graduate: the Graduate route is for foreign students in the UK wanting to work, or look for work, having successfully completed an eligible course of study at UK bachelor’s degree-level or above, provided their course of study was with a higher education provider with a track record of compliance. This is an unsponsored work route, providing recent graduates with the flexibility to look for any type of job role in the UK, and giving UK employers the opportunity to make the most of this global pool of talent.
• Appendix Global Talent: the Global Talent route is for those aged 18 or over working in the fields of science, engineering, humanities, social science, medicine, digital technology, or arts and culture, and who can show that they have exceptional talent or exceptional promise. This is again an unsponsored work route designed to attract top global talent to the UK, although the visa applicant must first be approved by an endorsing body.
• Appendix High Potential Individual (HPI): the HPI route is for recent graduates from a top global university who want to work in the UK, or look for work, having successfully completed an eligible course of study equivalent to UK bachelor’s degree level or above, provided they studied with an institution on the Global Universities List. This too is an unsponsored work route aimed at high-achieving individuals around the world to come to the UK, giving UK employers the chance to make the most of this global talent pool.

Additionally, there are a number of temporary work routes, each set out under their own appendix of the UK Immigration Rules, including Appendix Temporary Work – Creative Worker, Religious Worker, Charity Worker, Government Authorised Exchange, International Agreement and Seasonal Worker. All these routes are designed to facilitate the short-term recruitment of foreign nationals in a variety of roles across various sectors, although the employer must first have a suitable licence in place for any one of these sponsored routes.

Work route requirements under the UK Immigration Rules

The requirements for each of the different work routes under the UK Immigration Rules are specific to each route, although the common thread is that certain validity, suitability and eligibility criteria must be met for any given route as set out under the relevant appendix.

When it comes to validity requirements, these relate to the requirements necessary to make a valid visa application, such as the fee to be paid and the requirements to be met as part of the application process. These will include a requirement that the applicant provide an up-to-date passport or other travel document which satisfactorily establishes their identity and nationality, and the provision of biometric information, including a scan of their fingerprints and a digital photograph of their face, where applicable.

The suitability requirements typically require that the visa applicant must not fall for refusal under the grounds as set out in Part 9 of the UK Immigration Rules. This could be where, for example, the applicant has a recent or serious criminal history, or where they have previously breached UK immigration laws. In some cases, the circumstances involved may amount to a mandatory ground for refusal, such as where any past criminality is especially serious while, in others, this may be a discretionary ground, where the Home Office caseworker can exercise discretion in an applicant’s favour.

In the context of eligibility requirements, some requirements may be common across many of the work routes, while others may be specific to the route in question. However, for all sponsored work routes, the employer must have assigned a valid certificate of sponsorship, typically in relation to a job role meeting minimum skill and salary requirements. In addition to the provision of a valid certificate, where applicable, most work routes will also require the applicant to meet an English language and/or a financial requirement.

Under the English language requirement, an applicant will be required to show their English language ability to a certain standard in all four components (reading, writing, speaking and listening) on the Common European Framework of Reference for Languages. Under the financial requirement, the applicant must have funds of at least £1,270 and have held these funds for a period of 28 days prior to applying for their visa. However, this requirement will only apply if the applicant is applying for entry clearance from overseas or has been in the UK for less than 12 months. It is also usually possible for the employer to certify maintenance up to this amount on the applicant’s sponsorship certificate.

Importantly, however, employers should be aware of the broad application of the UK Immigration Rules when considering different work routes, where often the relevant rules and requirements are not confined to one part or particular appendix. In many cases, there may be a number of provisions that come into play, depending on the circumstances.

For example, for employers looking to recruit on either the Skilled Worker, Global Business Mobility and Scale-up routes, they must also refer to Appendix Skilled Occupations which sets out the eligible occupation codes and going rates for these routes. Equally, when considering whether the English language and financial requirements can be met, reference must be made to Appendix English Language and Appendix Finance of the Rules.

Need assistance?

The UK Immigration Rules, despite the constant changes made to help simplify and streamline these Rules, are still long, complex and difficult to interpret in places, running into 1000+ pages. There are various Home Office guides designed to assist caseworkers in making immigration decisions. However, it is always best for employers to seek expert advice from an immigration specialist before embarking on any international recruitment process. By seeking expert immigration advice, employers can explore all available work routes when looking to recruit migrant workers, either on a sponsored or unsponsored basis, ensuring that each of the relevant requirements and rules can be met. Contact us for expert guidance.

UK Immigration Rules FAQs

Last updated: 27 February 2024