Relocating to the UK with your family: immigration options for executives and entrepreneurs

The UK has long been an attractive destination for international executives and entrepreneurs looking to expand their horizons. However, navigating the complex landscape of UK immigration can be daunting, especially when considering relocating with family members. We explore the various pathways available for business professionals and their loved ones to make the UK their new home.

Skilled Worker Visa

The Skilled Worker Visa serves as a primary route for executives and professionals seeking employment opportunities in the UK. This category replaced the former Tier 2 (General) visa, offering a more streamlined process for skilled individuals to contribute their expertise to British businesses.

Eligibility and sponsorship

To qualify for a Skilled Worker Visa, applicants must have a job offer from a UK employer holding a valid sponsor licence. The role must meet specific skill and salary thresholds, typically requiring a minimum skill level equivalent to RQF level 3 (A-level) and a salary of at least £38,700 per year or the 'standard going rate' for the occupation, whichever is higher. In certain circumstances, applicants may qualify for the visa with a lower salary. This includes individuals under 26 years old, those in postdoctoral positions in science or higher education, and other eligible exceptions.

Meeting these criteria is often straightforward for executives in senior management positions, as their roles typically command higher salaries and require advanced qualifications. However, it's crucial to ensure that the sponsoring company's licence is up-to-date and that the role meets the Home Office's requirements.

Points-based system

The UK's points-based immigration system assigns points based on various factors, including skill level, salary, and English language proficiency. Applicants must score a minimum of 70 points to be eligible for the Skilled Worker visa. Executives often benefit from additional points awarded for shortage occupation roles or possession of a PhD relevant to the job.

Family members and dependants

One of the key advantages of the Skilled Worker Visa is the ability to bring family members to the UK. Spouses, civil partners, and dependent children under 18 can apply for dependant visas, allowing them to live and study in the UK. Adult dependants may also be eligible in certain circumstances, such as if they require long-term care from the main applicant.

Path to settlement

The Skilled Worker visa offers a clear route to permanent residency in the UK. After five years of continuous residence, visa holders may be eligible to apply for Indefinite Leave to Remain (ILR), provided they meet certain criteria, including passing the Life in the UK test and demonstrating that they have been working in the UK in accordance with the conditions of their visa.

Innovator Founder Visa

For entrepreneurs with innovative business ideas, the Innovator Founder Visa presents an exciting opportunity to establish and grow a venture in the UK. This relatively new category, introduced in April 2023, combines elements of the previous Start-up and Innovator Visas, offering a more flexible pathway for business founders.

Innovative business concepts

At the heart of the Innovator Founder Visa is the requirement for a business idea that is innovative, viable, and scalable. Applicants must demonstrate that their proposed venture brings something new to the UK market, has potential for growth, and is financially sustainable.

Endorsement process

Unlike the Skilled Worker Visa, the Innovator Founder route requires endorsement from an approved body. These endorsing bodies, which include organisations like Innovator International and UK Endorsing Services, assess the viability and innovation potential of the business plan.

Financial requirements

One significant change from the previous Innovator Visa is the removal of the £50,000 investment requirement. This adjustment aims to make the route more accessible to a broader range of entrepreneurs, focusing on the quality of the business idea rather than initial capital.

Accelerated settlement option

A notable feature of the Innovator Founder Visa is the potential for accelerated settlement. Visa holders can apply for ILR after just three years, provided they meet specific business growth criteria. These may include achieving significant revenue targets, creating jobs for settled workers, or demonstrating substantial research and development activities.

Family considerations

Entrepreneurs relocating under this Visa category can bring their spouse or partner and dependent children. This family-friendly approach allows business founders to settle in the UK with their loved ones, providing stability as they work to establish their ventures.

Global Business Mobility Visa

For executives involved in expanding their company's presence in the UK or transferring to a British branch, the Global Business Mobility Visa offers several tailored options. This visa category, which includes the UK Expansion Worker route, caters to businesses looking to establish or grow their operations in Britain.

UK Expansion Worker route

This subcategory is designed for senior employees or business owners setting up a UK branch or subsidiary of an overseas company. It allows for an initial stay of up to two years, providing ample time to establish the UK entity.

Eligibility criteria

Applicants must be employed by an overseas business that has been trading for at least three years. The UK expansion must be genuine, with a clear business plan and evidence of financial viability. A temporary sponsor licence is required, which can later be upgraded to a full licence once the UK entity is operational.

English language ability

Unlike most other work visas, a key advantage of the UK Expansion Worker visa is that applicants are not required to provide evidence of their English language ability.

Limitations and considerations

While the UK Expansion Worker route provides a valuable entry point for businesses, it does not lead directly to settlement. Holders typically transition to other visa categories, such as the Skilled Worker Visa, once the UK entity is established and can sponsor employees.

Family relocation

Dependants of UK Expansion Workers can accompany the main applicant, allowing for family relocation during the crucial initial phase of business expansion.

Global Talent Visa

For executives and entrepreneurs at the height of their fields, the Global Talent Visa offers a prestigious route into the UK. This category is designed for individuals who are leaders or potential leaders in academia, research, arts and culture, or digital technology.

Fields of expertise

The Global Talent visa covers a broad spectrum of disciplines, including science, engineering, humanities, medicine, digital technology, and the arts. It's particularly relevant for executives in cutting-edge industries or entrepreneurs working on groundbreaking technologies.

Endorsement and fast-track options

Applicants typically require endorsement from a designated endorsing body relevant to their field. However, for those who have received certain prestigious prizes or fellowships, endorsement may be automatically granted, streamlining the application process.

Flexibility and independence

One of the most attractive features of the Global Talent Visa is its flexibility. Visa holders are not tied to a specific employer and can undertake employment, self-employment, or directorship roles as they see fit. This freedom is particularly valuable for entrepreneurs who may be involved in multiple ventures.

Accelerated settlement pathway

Global Talent Visa holders benefit from an accelerated route to settlement. Those endorsed as 'exceptional talent' can apply for ILR after just three years, while those in the 'exceptional promise' category can do so after five years.

Family integration

As with other visa categories, Global Talent Visa holders can bring their immediate family members to the UK. This comprehensive approach ensures that highly skilled individuals can relocate with their families, facilitating long-term integration into British society.

Navigating the application process

Applying for UK visas can be a complex process, requiring careful preparation and attention to detail. Understanding the key steps and potential pitfalls can help ensure a smooth application experience:

• Document preparation: Gathering the necessary documentation is a crucial first step. This may include passports, birth certificates, marriage certificates, educational qualifications, and evidence of financial means. Ensuring all documents are correctly translated and certified is essential.
• Online application system: Most UK Visa applications are now submitted online through the official government portal. Familiarising oneself with the system and its requirements can help avoid last-minute complications.
• Biometric information: Applicants typically need to provide biometric information, including fingerprints and a digital photograph. This usually involves attending an appointment at a visa application centre.
• Processing times and priority services: Standard processing times vary depending on the visa category and the applicant's location. For those needing faster decisions, priority and super-priority services are available for an additional fee in many cases.
• Legal assistance: Given the complexity of UK immigration law, many executives and entrepreneurs choose to seek professional legal advice. Immigration solicitors can provide valuable guidance, ensuring applications are complete and compliant with current regulations.

Relocating to the UK as an executive or entrepreneur presents exciting opportunities for professional growth and personal development. While navigating the immigration system can be challenging, understanding the various visa options and their implications for family relocation is key to a successful transition.

Whether you're expanding a multinational corporation, launching an innovative startup, or bringing your exceptional talents to British shores, the key to a successful relocation lies in thorough preparation, understanding of the legal requirements, and a willingness to embrace the opportunities and challenges that come with it.

For further information and trusted legal advice regarding personal immigration or business immigration, get in touch with us at Carlsons Solicitors.