Friday 1 December 2023

Following Prime Minister Rishi Sunak’s announcement of three economic priorities in January 2023 – to halve inflation, grow the economy and reduce debt – there has been debate over the role of immigration in achieving these goals. Considering these priorities, Chancellor of the Exchequer, Jeremy Hunt MP, delivered the Autumn Statement on Wednesday 22 November 2023, including some relevant, though limited, immigration provisions.

Enhancement and simplification of the business visitor route

During the Chancellor’s Spring Budget 2023 speech, the government committed to simplifying and expanding upon the UK business visitor route. Thus, from January 2024, the government shall introduce changes to ‘broaden and clarify the activities that can be undertaken in an intra-corporate setting, offer wider coverage for the legal services sector and simplify arrangements for those undertaking paid engagements’. The government will also seek to improve business visitor rules alongside the potential for further enhanced provisions linked to trade negotiations – what these changes entail remains to be seen.

The UK business visitor route refers to a specific category within the UK immigration system that allows individuals from overseas to visit for short periods for specific business-related purposes only. This route is designed for individuals who intend to engage in certain business activities but do not plan to live or work in the UK for an extended period. Non-visa nationals can enter the UK without the need for advance immigration permission – though this category of visitors will need to submit an Electronic Travel Authorisation application when the scheme is operational for their country of nationality – and visa nationals must submit a Standard Visitor visa application before travel.

At present, business visitors can visit the UK for up to six months to undertake the following business activities:

• attend interviews, meetings, conferences and seminars;
• negotiate and sign deals and contracts;
• attend trade fairs to promote their business (they cannot sell things);
• get work-related training if they are employed overseas and the training is not available in their home country;
• give a one-off or short series of talks as long as they’re not for profit or a commercial event (they must not be paid);
• carry out site visits and inspections;
• oversee the delivery of goods and services provided by a UK company to their overseas company or organisation;
• deliver training or share knowledge on internal projects with UK employees of the company they work for overseas; and
• install, dismantle, repair, service or advise on equipment, computer software and hardware if their overseas company has a contract with a UK company or organisation.

Additionally, individuals from specific professions can undertake certain additional activities in the UK as a Standard Visitor if employed overseas – see the complete list here.

Proposed enhancements to the existing business visitor route could expand upon the activities permitted and the types of professions that can come to the UK under this route – welcome, though minor, changes.

Expansion of Youth Mobility Schemes

The Youth Mobility Schemes (YMS) is a UK immigration route that facilitates travel and work opportunities for young adults from participating nations – similar schemes exist worldwide, such as the International Experience Canada programme and Australia’s First Working Holiday visa. This temporary scheme does not provide a pathway to settlement, though participants may seek and obtain sponsored work opportunities in the UK that provide for long-term residence.

The government now seeks to expand upon current and new YMS agreements to ensure ample opportunities for young adults to come to the UK. This year, the government has increased the number of places for Australian and Canadian nationals by 7,000. They have also extended eligibility criteria and the duration of stays for participants from Canada, New Zealand and Australia. This list of eligible nationals for the YMS now includes the following:

• Australia;
• Canada;
• Monaco;
• San Marino;
• Iceland;
• Hong Kong (ballot system);
• Japan (ballot system);
• South Korea (ballot system);
• Taiwan (ballot system);
• British overseas citizens;
• British overseas territories citizens; and
• British nationals (overseas).

Going into 2024, the government has added 9,100 places through new and expanded partnerships, notably with Japan and South Korea.

The government has committed to adding additional European countries to the YMS since before Brexit – so far, the only new addition is Andorran nationals from 31 January 2024. As individual YMS agreements are created through bilateral negotiations amongst the UK and foreign governments, the piecemeal nature of rules on a country-by-country basis proves increasingly complex for applicants and lawyers to navigate.

Is it enough?

Whilst improvements to the business visitor route and Youth Mobility Scheme are welcome developments, these changes are still limited in scope and fail to promise significant changes to the status quo. Although it is evident the government remains committed to its core policy objective of reducing net migration, LDI hopes to see more creative and robust immigration policies be considered in the near future as part of the government’s economic priorities of halving inflation, growing the economy and reducing the national debt.