Immigration Comparative Guide

• Published date: 08 April 2022
• Subject Matter: Corporate/Commercial Law, Immigration, Compliance, Corporate and Company Law, Investment Immigration
• Law Firm: Lexus Law
• Author: Mr Jay Moghal

1 Legal framework

1.1 Which legislative and regulatory provisions govern corporate immigration in your jurisdiction?

Immigration law in the United Kingdom - and more specifically, corporate immigration in the United Kingdom - is broadly covered by the Immigration Rules.

The Immigration Act 1971 provides the secretary of state with statutory power to lay before Parliament rules or any changes to the rules as he or she sees fit.

Over the years, the Immigration Rules have been changed on numerous occasions to reflect the immigration policy at the time. The rules are supplemented by guidance which holds more or less the same status as the rules and is intended to complement them and provide guidance where there is ambiguity.

In addition to the Immigration Rules, case law and primary legislation also govern the corporate immigration spectrum.

1.2 Do any special regimes apply in specific sectors?

Corporate immigration is mainly covered by the Points-Based System under the Immigration Rules; while other work-based and family categories are covered by the Immigration Rules and not by the Points-Based System.

1.3 Which government entities regulate immigration in your jurisdiction? What powers do they have?

UK Visas and Immigration - an arm of the Home Office, which is governed by the secretary of state - regulate and is responsible for the immigration system in the United Kingdom. UK Visas and Immigration has all the powers it needs to enforce the rules, including the power to:

• refuse visa applications to enter or remain in the United Kingdom;
• temporarily or permanently ban someone from entry to the United Kingdom;
• enforce fines; and
• remove the ability to sponsor workers.

1.4 What is the government's general approach to immigration in your jurisdiction?

The general approach to immigration fluctuates according to the court of public opinion. Immigration is and always has been a highly politicised area of the law; and despite the United Kingdom's need for skilled labour, consecutive governments have made it increasingly difficult and expensive for skilled workers, investors and entrepreneurs to come to the United Kingdom. The approach to immigration remains, unfortunately, one of hostility.

2 Business travel

2.1 Do business visitors need a visa to visit your jurisdiction? What restrictions and exemptions apply in this regard?

Business visitors are covered by the standard visit visa rules.

Individuals who are considered 'non-visa nationals' are not required to apply for a visa and are either granted or refused entry at the border. Most other applicants (visa nationals) are required to apply for a visit visa before they travel to the United Kingdom.

This will usually involve providing an explanation on the purpose of the visit to the United Kingdom and submitting to a means and intentions-based assessment.

While 'work' is generally prohibited under the visit visa rules, certain business activities are permitted. These include:

• attending meetings, conferences, seminars and interviews;
• giving a one-off or short series of talks and speeches, provided that these are not organised as commercial events and will not make a profit for the organiser;
• negotiating and signing deals and contracts;
• attending trade fairs, for promotional work only, provided that the visitor is not directly selling at the fair;
• carrying out site visits and inspections;
• gathering information for an overseas employer; and
• being briefed on the requirements of a UK-based customer, provided that any work for the customer is done outside of the United Kingdom.

An employee of an overseas-based company may advise and consult, troubleshoot, provide training and share skills and knowledge on a specific internal project with UK employees of the same corporate group, provided that no work is carried out directly with clients.

There are also certain activities that people in certain industries can carry out - for example:

• scientists and academic scientists and researchers may
• • gather information and facts for a specific project which directly relates to their employment overseas, or conduct independent research; and
  • share knowledge or advise on an international project that is being led from the United Kingdom, provided that the visitor is not carrying out research in the United Kingdom;
• academics may
• • take part in formal exchange arrangements with UK counterparts (including doctors);
  • conduct research for their own purposes if they are on sabbatical leave from their home institution; and
  • if they are an eminent senior doctor or dentist, take part in research, teaching or clinical practice, provided that this does not amount to filling a permanent teaching post;
• in the...