New UK Visas for Tech Companies

4 June 2019       Authors: Louisa A. Cole

According to research by Dealroom and Tech Nation, the UK is officially the “tech unicorn capital of Europe”. A tech unicorn is a private company valued at more than £745 million and the UK is home to 37% of Europe’s total unicorn companies.

Momentum in the UK technology sector is building relentlessly and it, comes as no surprise that the UK offers a variety of options to encourage fledgling and established tech companies to set up a UK presence. Due to the niche skills required by tech businesses, companies usually build their workforce using a combination of existing overseas employees and new recruits. In either case, employees who are not EEA citizens will require a visa to allow them to come to the UK. 

Below is a summary of the main immigration routes available to tech companies seeking to establish a business presence in the UK. We also explain how tech companies can sponsor non EEA nationals to work in the UK, once the business is up and running. With new categories of visa open to fledgling tech businesses, there has never been a better time for tech companies to set up or grow in the UK.


Representative of an Overseas Business
An overseas tech company seeking to establish a branch or place of business in the UK may be able to send an employee to the UK under the “Representatives of Overseas Businesses” category. Both the tech company and the employee must meet certain criteria to be eligible for this category. For example, the employee must be employed full-time, senior and the overseas business must have its principal place of business and headquarters outside the UK with no existing UK presence.

New Categories

There are two other possible routes for establishing a business presence in the UK for non-EEA nationals. Through these two immigration categories, individuals can establish one or more businesses and employ non-EEA nationals through sponsorship. The Home Office closed the Tier 1 (Entrepreneur) category on 29 March 2019 and introduced the new Tier 1 Innovator and Start-up categories instead.


Both categories of visa require the applicant to be endorsed by an organisation which is on the list of “endorsement bodies”, compiled by the UK Government. The endorsing body will assess the applicant against specified criteria to decide whether the application should be supported.

The Start-Up Visa
The Start-Up category is for early-stage but high potential entrepreneurs who are starting a business in the UK for the first time.

Applicants do not need any funds to invest in their business at this stage, offering a great opportunity for tech companies who have not secured funding. It offers a one-off, two year visa, during which applicants will spend the majority of their time developing their business. However, they can also take on other work outside of their business, to support themselves whilst they grow their business.

Successful applicants can bring their family members to the UK, including spouses/partners and children under 18. At the end of two years, they can switch into the Innovator category to extend their stay and further develop their business in the UK.

The Innovator Visa
The Innovator category is for more experienced businesspeople seeking to establish a business in the UK. Applicants will usually need a minimum of £50,000 funding available to invest in their business. This does not have to come from their endorsing body, although some endorsing bodies may choose to offer this funding. Innovators must work entirely on developing their business ventures and may not take on other employment outside their business. This includes anything which effectively amounts to employment, such as using their own business to hire out their labour to another employer.

The funding requirement will be waived for those switching from the new Start-Up scheme and who have made significant achievements against their business plans.

Successful Innovators are granted permission to stay in the UK for three years at a time and can bring their family members to the UK. After three years, Innovators can apply to extend their stay for a further three years or to settle permanently in the UK. Innovators require continued endorsement from an endorsing body at the extension and settlement stages.

Sponsor Licences
Once a tech business is established in the UK, it can apply to the Home Office for a sponsor licence to sponsor non-EEA national employees. A sponsor licence enables the employer, the UK business, to assign certificates of sponsorship to prospective UK employees. The prospective UK employees need the certificates of sponsorship to support their visa applications.

Employers can sponsor new hires or transfer existing employees based in non-EEA countries to work in the UK. In most cases, the work will have to be at a skill level of UK Regulated Qualifications Framework level 6 or above and be at the required salary level set by the Home Office for the specific role.  Sponsors in most industries will have to advertise the vacancy before sponsoring a new hire on a salary less than £159,600.  However a recent Government requested review of the Shortage Occupation List (SOL) has recommended that lots of tech sector roles are added to the SOL.  If, and more than likely, when, these changes are introduced, tech companies can benefit from having a large number of their jobs exempt from the advertising period, meaning the employer doesn’t have to demonstrate that an attempt has been made to recruit domestically - saving the employer in terms of vacancy advertising and recruitment time.  It will also result in no requirement to meet the £35,800 salary threshold required for settlement after five years and finally, allow applicants and their families to benefit from lower visa application fees.

If you are, or work with, a tech company seeking to establish themselves in the UK and would like further information on any of the information above, please contact Louisa Cole on +44 7833 405006

 


This publication/newsletter is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer. Any views expressed herein are those of the author(s) and not necessarily those of the law firm’s clients.

New UK Visas for Tech Companies