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In a flurry of executive orders, the uncertainty created by the US administration’s approach to immigration has left many US businesses seeking options to retain high-valued migrant staff, especially after failed lotteries and quota issues. Invariably the UK figures prominently in the thinking of many businesses as a potential destination for staff who are at a dead-end from a US immigration perspective – either as a permanent or temporary relocation.
Our immigration services for US citizens page has further information and our guide on UK immigration options for US citizens.
By far and away the most common route for workers to obtain immigration permission to work in the UK is through the sponsored worker categories, namely the Skilled Worker and Senior/Specialist Worker routes. These immigration routes require a UK entity which holds a sponsor licence before it can employ a foreign national to work in the UK, but for highly skilled and well-paid roles with an offer of work from a UK employer, obtaining immigration permission under these categories can be very achievable.
US companies considering transferring their staff to the UK often come up against the following questions:
Can sponsored workers remain on overseas payroll?
From a UK immigration perspective, it is fine for workers to remain on overseas/US payroll, although separately there may be tax and payroll issues which need to be considered and will influence this.
Do sponsored workers need UK employment contracts?
US employment contracts typically do not comply fully with UK legal requirements. Contracts/employee rights must satisfy UK employment law and conflicting laws on holiday entitlement and termination, amongst other points, need to be addressed for the time that workers are in the UK. Our employment team can assist with UK employment contracts.
Can workers relocate with their family members?
Yes - it is possible to apply for dependant visas for an employee’s partner/spouse and children under 18, should they wish to relocate to the UK.
What if the business does not have a UK entity?
For businesses without a presence in the UK the options are more limited and the ways that the staff can acquire immigration permission may be driven primarily by their ability to obtain permission in a personal capacity. For some individuals, other immigration options might include the UK Expansion Worker visa, Global Talent, High Potential Individual visa or a partner visa. It might also be worthwhile exploring whether the employee has a potential claim to British or Irish nationality on the basis of ancestry.
- The UK Expansion Worker route is a possible option for an overseas business seeking to establish itself in the UK. The overseas business will firstly need to apply for a sponsor licence. In order to apply for a sponsor licence, the overseas business cannot already be trading in the UK but it must have a ‘UK footprint’; the business must also have been trading overseas for at least 3 years (subject to some limited exceptions) and it must provide an expansion plan. Once the licence has been approved, workers of the overseas business can apply for a visa and come to the UK to set up the UK business.
- The Global Talent visa is available to those who can show they are “exceptionally talented” or have “exceptional promise” and can obtain endorsement from an endorsing body – the most commonly used endorsing body is Tech Nation which focuses on digital technology professionals. On 1 May 2025, a new endorsing body was expected to be announced which will replace Tech Nation – but it remains to be seen whether that will materialise and what it will mean for applicants.
- The High Potential Individual visa is an option for those who have graduated in the last 5 years from a listed leading university, which includes many well-regarded US universities such as Yale, Colombia, Harvard and Cornell. A notable drawback of the High Potential Individual visa is that it only offers temporary permission for up to 2 years. If the individual holds a PhD awarded in the last 5 years from a listed university, they can receive permission for up to 3 years.
- A partner visa could be an option if an employee has a partner or spouse who is a British citizen or has settlement. The individual will need to meet a financial requirement, evidence their relationship, prove their knowledge of English language and evidence their accommodation in the UK. If successful, the individual should receive permission valid for 33 months which can be extended for a further 30 months.
further Information
If you have any queries on the issues raised above or any other immigration matter, please contact a member of the immigration team.
about the authors
Robert Houchill is a Senior Associate and his experience covers all kinds of immigration and nationality applications but with a particular emphasis on corporate immigration matters and complex immigration issues faced by individuals, such as previous immigration breaches and criminality.
Abigail Watt is a Senior Immigration Advisor in the Immigration team. She joined Kingsley Napley in December 2019 and assists with various types of applications including Tier 2 and ILR applications, naturalisation and EEA applications.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
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