In 2023, the UK tech sector will remain resilient. Despite global turmoil, it is still the largest in Europe. Anushka Sinha is a senior associate with Vanessa Gaguin Immigration Law and is well-known for her expertise on this topic. She spoke to us about the tech sector’s future prospects in attracting global talent. She discusses the latest developments in immigration, as well as challenges facing the tech sector, in this article.
What is the most popular immigration route for tech professionals who want to work in the UK
Skilled Worker sponsorship
After Brexit, the Skilled Worker visa route is now the most popular work immigration route. The Home Office receives over 1,000 applications per week for sponsor licences of skilled staff. The number of sponsored employees has increased dramatically. Tech companies choose this route because it’s a simple way to find a variety of highly skilled employees across various disciplines. After five years, skilled workers may bring their dependents and settle in the country. There are no limits on the number of skilled workers, but there are salary and skill thresholds. Vacancies must also be genuine.
Is there a special visa category or consideration for tech entrepreneurs and start-up founders who want to work in the UK.
Global Talent visas
This route is a prestigious one that offers citizenship to those who are at the top of their field in certain fields, including digital technology. This is the most flexible option in terms of employment, as successful applicants can choose to work for themselves or be employed. There is a very high qualification standard: the applicant must be able to convince Tech Nation (the UK Government’s designated endorser) that they are a top talent in the digital tech sector. This immigration route has allowed thousands of tech talent and their families to settle in the UK, and work or found some of the largest UK tech brands.
Innovator Founder visas
The new Innovator-Founder route is another option for tech entrepreneurs. It replaces both the Innovator-Founder and Start Up routes. A minimum investment of PS50,000 is required for innovators. A government-appointed certifying body must certify that the business plan is innovative and viable, as well as scalable.
UK Expansion Worker
In most cases, a company will need to have an existing, operational business in the UK in order to sponsor employees to come and work in the UK. However, with this new UK Immigration route, a business from overseas can send a small group to set up a subsidiary or branch in the UK. Businesses that have been trading abroad for at least three years can now send five employees to establish UK operations. The Home Office requires specific documents about your UK footprint, international trading and business expansion plans in the UK.
Scale-up visa
The Scale-up option is also available to tech professionals. This route requires that a scale-up business sponsor them. This route has a few advantages, including a less-invasive sponsor license process, no Immigration Skills Charge, and the most controversial, after six months of sponsorship, he or she can choose to work with different employers in the UK. This may not be appealing to sponsors, who would have spent time and money sponsoring someone only to lose them to a different employer. However, this might appeal to tech professionals looking for greater flexibility.
The UK aims to become a superpower in the tech industry. As our sector continues to grow, compared to other European hubs, it is essential that the industry has the best talent available from around the globe to drive its rapid growth. Tech companies in the UK face a number of challenges and obstacles when it comes to hiring foreign talent.
Shortage in talent
Brexit has only made the problem worse. The UK tech sector is one of those sectors that have always faced a shortage of skills. Britain competes with other tech hubs around the world to attract the best talent, and after the pandemic most developing countries are experiencing a similar shortage of skills. The number of vacancies in the UK, US, and EU has increased to meet or exceed the available people.
Costs
The government has a stated goal of making the UK a global innovation hub, but it has raised visa fees to an unprecedented level and plans to raise the Immigration Health Surcharge soon. Tech companies that want to hire foreign talent now face significantly higher costs for onboarding migrant talents.
Where does this money end up? Employers who sponsor migrant workers to come to the UK on a longer-term basis pay the Immigration Skills Charge. What is the purpose of this money? According to current figures, PS586million was raised for the fiscal year ending 31 March 2023. If the money raised is spent on the intended purpose – upskilling the local workforce – the tech industry will see an increase in the pool of available talent.
Illegal work
We warn companies about the dangers of hiring people to work in the UK before they have the right immigration permission. We are often asked about business guests and if they can start working for the UK employer before applying for their visa. The answer is almost always “no ‘.
In addition to this sad news, those who don’t have the proper immigration permission for the UK will need to travel to their home country and submit the application there (or in a country that they have immigration permission to work and live). They cannot simply ‘pop over’ to France to apply. This requirement could delay the start of a candidate, as timing is often critical when filling a tech position.
What are the trends you see in the tech industry regarding immigration?
Regional tech hubs: We continue to see the majority of applications for migrant workers based in South England. Since years, we have been lobbying the government to increase incentives to encourage companies to sponsor and hire migrants in regionally diverse areas such as Scotland. We are waiting to see if this situation will change.
Diversity – The immigration applications show that women are still underrepresented.
When hiring talent abroad, why is it important for tech companies to consult a specialist immigration lawyer?
Immigration is often the last thing on the list of things to consider when identifying and recruiting new talent. It can cause unnecessary stress and cost to rush around to obtain visas before right to rent checks are issued, job start dates and school terms begin. Refusing a visa application will only increase the cost and time of finding the talent that you need. Rishi Sunak, the Prime Minister of India, has also announced an increase in penalties for illegal work as well as increased enforcement. Expert advice is essential to help you avoid illegal working practices. It will also show you how to minimize and report any lapses, and what to do if they happen.
About Anushka Sinha
Anushka Sinha, a senior associate with Vanessa Ganguin Immigration Law. She provides advice on all aspects related to business and personal immigration in the UK. She also offers seminars and trainings on sponsor licenses and immigration routes, for tech figures and other creatives.
About Vanessa Ganguin
Vanessa Ganguin Immigration is a boutique immigration law firm that offers exceptional service to individuals, families and businesses. Vanessa Ganguin and her team of respected specialists are renowned for their expertise in UK immigration. They provide positive results for clients around the globe, despite the ever-changing laws of the UK.
Anushka Sinha
Senior Associate
Vanessa Ganguin Immigration Law
81 Rivington St, London, EC2A 3AY, UK
Tel: +44 02045 514906
+44 07549 413432
www.vanessaganguin.com