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If you’re interested in hiring international workers or making the most of the investment opportunities Scotland offers, you’ll first need to understand the UK’s immigration system. We can help you make sense of it.
We’ll take you on a journey to understand how business immigration works in the UK. You’ll find the information you need to be able to expand or grow your business in Scotland.
You can also book a free one-to-one appointment for advice and support that is tailored to your needs.
About the UK immigration system
The UK immigration system is a series of laws, processes and procedures decided by the UK Government. These laws, processes, and procedures set out who can live and work in England, Scotland, Wales, and Northern Ireland. Together, these four countries make up the United Kingdom of Great Britain and Northern Ireland (UK).
The immigration system is for:
- People who want to come to, stay and work in the UK
- Businesses that want to hire international workers
- International investors who want to invest in the UK
The Home Office is the UK government department that handles immigration. UK Visas and Immigration (‘UKVI’) is a part of the Home Office. UKVI decides who can come to and stay in the UK. UKVI does this by issuing a visa.
You may see the term “entry clearance” used on UK Government websites and information products. This means permission to come into the UK. You may also see the term “leave to remain” used. This means permission to stay in the UK.
There are different types of visas depending on the purpose of your stay. For example, visiting, studying, working or being with your family in the UK. Different visas have different rules and requirements.
Applying to come to or stay in the UK
Most people can apply for a UK visa online (gov.uk). There's a different application form for each type of visa.
You’ll need to send documents to support your application. UKVI will tell you what documents to send and how. You’ll also find a document checklist on the online application form.
You might need to upload documents
- To a unique UKVI online portal, or a third-party service
- More than once
There may be other ways to send your documents to UKVI.
You’ll need to pay for your visa. The fees vary depending on the application you’re making. You can check the latest visa fees online (gov.uk)
You might need to give your fingerprints and photographs using one of the following:
Application decisions
After you make an application, you’ll get a decision from UKVI.
You can check how long it takes to get a decision on applications made inside or outside the UK:
- Visa processing times for applications made inside the UK (gov.uk)
- Visa processing times for applications made outside the UK (gov.uk)
Your application will either be successful or unsuccessful.
If your application is successful, UKVI will tell you:
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How long you can stay in the UK
-
What you can and cannot do during your time in the UK
If your application is unsuccessful, you might be able to:
- Appeal the decision
- Ask for a review of the decision (“administrative review”)
- Ask for a reconsideration of the decision (“reconsideration”)
- Apply for a judicial review
You should get legal advice from a qualified immigration adviser about your options after an unsuccessful application. They will help you with next steps.
Routes to hiring international workers
If you want to hire international workers, they must have the right to work for you.
We'll help you understand:
- Who is allowed to work
- Who needs to apply to be allowed to work
Non-UK national visa holders in Scotland
A person’s right to work depends on their immigration status.
Types of immigration status include:
- Limited leave to remain
- Indefinite leave to remain
People with limited leave to remain can stay in the UK for a specified time. People with indefinite leave to remain can stay in the UK indefinitely. People with indefinite leave to remain and limited leave to remain have permission to work.
There are certain work visas that also need to be “sponsored” by an employer. This is when an employer supports their worker’s application to work in the UK and oversees their worker’s employment in the UK.
To sponsor an employee from overseas, the employer needs a ‘sponsor licence’.
The following don’t need sponsorship to work:
- British citizens
- Irish citizens
- People with indefinite leave to remain
- People with settled or pre-settled status under the EU Settlement Scheme
- People with an outstanding application under the EU Settlement Scheme
- A Commonwealth citizen with the right of abode
- A Commonwealth citizen with status under the UK Ancestry route
Non-UK nationals who can work without sponsorship
Some non-UK nationals with limited leave to remain visas can work without sponsorship by an employer. They only need limited leave to remain.
This includes people with:
- Student visas
- Graduate visas
- Spouse or partner visas
- Youth Mobility visas
- India Young Professional scheme visas
- EU Settlement Scheme pre-settled status
- Frontier worker permit
This list is not exhaustive. Read about other visas that allow non-UK nationals to work in the UK.
Sponsor licence to hire international workers
You need a sponsor licence if you want to sponsor international workers.
Since Brexit, this includes workers coming to the UK from the:
- European Union
- European Economic Area and
- Switzerland
A sponsor licence will help you hire a wide pool of talented workers from across the world.
You can apply for different types of sponsor licences. The two main types of licence are:
- Worker licence
- Temporary worker sponsor licence
With a ‘worker licence’, you can hire long-term workers. For example, you can hire skilled workers, which is one of the most popular work visas for international workers. Learn more about Skilled Worker visas.
With a ‘temporary worker sponsor licence’, you can hire short-term workers. For example, you can hire expansion workers to help your organisation expand in the UK.
We hope this page was helpful in explaining the basics of the UK immigration system. It can seem complicated at first, but with patience and the right help you can navigate it.
You can learn more about getting a sponsor licence.
The content on this page is provided by immigration law firm Seraphus. Seraphus is fully regulated by the Solicitors Regulation Authority.
Moving to Scotland?
For advice and guidance about moving to, living or working in Scotland, visit Scotland.org
Photo credit: VisitScotland / Kenny Lam