Planning to get married in the UK?

If you are not a UK or Irish citizen and you want to get married or register a civil partnership in the United Kingdom, you will almost certainly need a visa before you travel. Two visas are often confused with each other: the Marriage Visitor Visa and the Fiancé(e) Visa.

They might sound similar as both allow you to come to the UK and have a wedding ceremony, but they are designed for very different situations. Choosing the wrong one can cause serious problems, including being refused entry, having to leave the UK immediately after your wedding, or damaging your chances of getting a UK visa in the future.

This guide explains both visas, highlights the key differences, and helps you understand which one is right for you.

 

The most important question Do you plan to live in the UK after your wedding? If yes, you need the Fiancé(e) Visa. If no, while you are coming just for the ceremony and will return home afterwards, you need the Marriage Visitor Visa.

 

The Marriage Visitor Visa

The Marriage Visitor Visa is for people who want to come to the UK to get married or register a civil partnership and then leave once the ceremony is done.

Think of it like a standard tourist visit, but with a specific purpose: your wedding. You are not planning to stay in the UK long-term. You might live abroad with your partner, or your partner might be planning to move to your country. The UK is simply the venue for the ceremony.

Who is it for?

This visa suits you if:

• Your partner is a UK citizen or lives in the UK, but your long-term home will be outside the UK
• You want to get married at a UK venue but will return home (or travel elsewhere) after the wedding
• You have no plans to live in the UK

What you can and cannot do on this visa

You are allowed to:

• Enter the UK for up to 6 months
• Get married or register a civil partnership at a licensed venue
• Give formal notice of your intention to marry at a UK register office
• Do the things any visitor can do, such as sightseeing, visiting family, etc.

You are not allowed to:

• Work
• Claim any benefits or public funds
• Study for more than 30 days
• Stay in the UK beyond your visa expiry
• Apply to stay in the UK on a different visa while you are here

 

Important: You cannot switch visas from inside the UK One of the biggest mistakes people make is coming to the UK on a Marriage Visitor Visa and then trying to stay once they are married. This is not allowed. If you want to live in the UK after your wedding, you will need to leave the UK and apply for a Spouse Visa from your home country. This costs extra time and money, and could have been avoided by applying for the Fiancé(e) Visa in the first place.

 

What does it cost?

The application fee is £135 (as of May 2026). There is no requirement to show a minimum income, and no English language test.

What happens if I am refused?

Unfortunately, if the Home Office refuses your Marriage Visitor Visa, you generally do not have the right to appeal to an independent court. You may be able to challenge the decision through judicial review, but this is complex and expensive. This is another reason to get your application right the first time and seek legal advice if you are unsure.

 

The Fiancé(e) Visa

The Fiancé(e) Visa is for people who are not yet married but plan to come to the UK, get married, and then stay in the UK to build a life together with their partner.

It is the first step in a longer immigration journey. After you arrive and get married (or register a civil partnership), you apply to switch to a Spouse Visa from inside the UK. That Spouse Visa then puts you on a path towards permanent residence and eventually British citizenship if you choose.

Who is it for?

This visa suits you if:

• You and your partner plan to live together in the UK after your wedding
• Your partner is a British citizen, or has permanent residence (settled status) in the UK
• You are not yet married at the time of your application

What you can and cannot do on this visa

You are allowed to:

• Enter the UK for up to 6 months
• Get married or register a civil partnership
• Apply to switch to a Spouse Visa from inside the UK after the ceremony

You are not allowed to:

• Work (this right comes only after you switch to the Spouse Visa)
• Claim benefits or public funds
• Study (until you switch to the Spouse Visa)
• Stay beyond your 6-month visa without applying to switch

 

You must get married within 6 months The Fiancé(e) Visa is only valid for 6 months, and you must get married and apply to switch to a Spouse Visa before it expires. If the wedding is delayed for any reason and your visa runs out, you will generally have to leave the UK and start again. Plan your timeline carefully.

 

The financial requirement — does your partner earn enough?

This is one of the biggest hurdles for many couples. Under the current rules, your UK-based partner (the ‘sponsor’) must earn at least £29,000 per year (as of May 2026). If they do not earn that much from employment, they may be able to use savings instead, that is at least £88,500 in savings held for at least six months, or a combination of income and savings.

This requirement does not apply if your partner receives certain disability-related benefits, in which case a different (and more flexible) test applies.

If your partner’s income is close to, but just below, the threshold, it is worth speaking to an immigration solicitor, as there may be ways to meet the requirement that are not immediately obvious.

The English language test

Unlike the Marriage Visitor Visa, the Fiancé(e) Visa requires you to prove a basic level of English. You need to pass a speaking and listening test at CEFR A1 level. This is a very basic level and roughly equivalent to being able to introduce yourself and understand simple questions.

You may be exempt if you are a national of a country where English is the main language (such as the USA, Australia, or Canada), or if you hold a degree that was taught in English.

What does it cost?

The Fiancé(e) Visa itself costs £2,064 (as of April 2026). But you should also budget for the next step: switching to a Spouse Visa after your wedding. That costs a further £1,407 in Home Office fees, plus the Immigration Health Surcharge (which allows you to use the NHS) of approximately £2,587.50 for a 30-month visa. In total, the two-stage process costs roughly £6,000 or more in fees alone, before legal costs.

What happens if I am refused?

If your Fiancé(e) Visa is refused, you do have the right to appeal to an independent tribunal, the First-tier Tribunal (Immigration and Asylum Chamber). This is a more accessible form of challenge than is available under the Marriage Visitor route, though it still takes time and may involve legal costs.

The path to settlement

One of the biggest advantages of the Fiancé(e) Visa over the Marriage Visitor Visa is that it starts you on a clear path to permanent residence. Here is how the journey typically looks:

Fiancé(e) Visa  (6 months)  →  Spouse Visa  (30 months)  →  Extension  (30 months)  →  Indefinite Leave to Remain  →  British Citizenship (optional)

After five years on this route (roughly two and a half years on the first Spouse Visa plus two and a half years on the extension), you can apply for Indefinite Leave to Remain (ILR), which is permanent residence. After a further period (depending on your then situation), you may be eligible to apply for British citizenship.

 

Quick Comparison

	Marriage Visitor Visa	Fiancé(e) Visa
What is it for?	Getting married in the UK, then going home	Getting married in the UK and staying here long-term
How long can I stay?	Up to 6 months	Up to 6 months
Can I stay after the wedding?	No — you must leave the UK	Yes — you switch to a Spouse Visa from inside the UK
Can I work?	No	No (yes once you switch to Spouse Visa)
Does the sponsor need a minimum income?	No formal requirement	Yes — £29,000/year (or £88,500 in savings)
English language test needed?	No	Yes — basic level (A1)
Application fee (approx.)	£135	£2,064
Can I appeal if refused?	Generally no (judicial review only)	Yes — to an independent tribunal
Does it lead to settlement (ILR)?	No	Yes — after 5 years via Spouse Visa

 

 

Common Mistakes to Avoid

Mistake 1: Using the Marriage Visitor Visa when you plan to stay The most common mistake. If you intend to live in the UK after your wedding, even if that plan forms only after you arrive, the Marriage Visitor Visa is the wrong choice. You cannot switch to a Spouse Visa from inside the UK using this route. You will have to leave and apply from abroad, adding months and significant cost to your plans.

 

Mistake 2: Not checking the financial requirement before applying Many Fiancé(e) Visa applications are refused because the sponsor’s income is below £29,000. Check this carefully before applying. If the income is borderline, get proper advice on whether savings or other permitted sources can make up the shortfall.

 

Mistake 3: Leaving the wedding too late on a Fiancé(e) Visa The 6-month clock starts the moment you arrive in the UK. If you have not married and applied to switch to a Spouse Visa before the visa expires, you may be required to leave. Book your ceremony well in advance and allow time for the in-country switch application to be submitted before your visa runs out.

 

Mistake 4: Thinking a standard visitor visa is enough A standard visitor visa does not allow you to get married or give legal notice of marriage in the UK. Even if you already hold a valid visitor visa, you must apply for a Marriage Visitor Visa (or Fiancé(e) Visa) if you intend to undergo a legally recognised ceremony.

 

Is There a Cheaper Alternative?

Some couples choose to get married abroad, for example, in the applicant’s home country, and then apply for a Spouse Visa to join their partner in the UK. This avoids the two-step cost of the Fiancé(e) Visa route (visa + subsequent Spouse Visa switch) and means the applicant arrives in the UK already legally married, with an initial grant of 33 months.

Whether this option is practical will depend on your personal circumstances, the laws of the relevant country, and how quickly you want to be together in the UK. It is worth discussing with an immigration solicitor.

Do I Need a Solicitor?

Strictly speaking, you are not required to use a solicitor to apply for either of these visas. However, given the financial stakes, the strict documentary requirements, and the potential long-term consequences of a refusal, many couples find professional advice well worth the cost.

If you need help, please contact our Immigration team. We can help you choose the right visa, gather the right evidence, prepare a strong application, and avoid the common pitfalls that lead to refusals.

• Introduction of the eligible role test. The previous “genuine vacancy” requirement has been replaced with a broader eligible role test, applying across all sponsored routes. Roles must genuinely exist and be sustainable, match the duties, responsibilities and details on the Certificate of Sponsorship (“CoS”), meet all skill, salary and regulatory requirements, and be appropriate to the organisation’s business model and financial position. Failure is a mandatory ground for licence refusal or revocation.

 

• Increased scrutiny on salary compliance. Sponsors must ensure salaries are genuine, not artificially inflated, and financially sustainable relative to business turnover. From 8 April 2026, sponsored workers must be paid at or above the required salary in monthly or less frequent pay periods (or as otherwise specified in their contract), and the salary must meet the going rate for the occupation code for each hour worked during each pay period. The averaging window has tightened from 12 months to any 3-month period (monthly or less frequent pay), and from 12 months to any 12-week period (more frequent than monthly). UKVI has simultaneously expanded data-sharing with HMRC and Companies House, enabling digital compliance audits (often without notice) and allowing underpayment to be identified far more quickly.

 

• Greater emphasis on CoS accuracy. Strict alignment is now required between the CoS and the worker’s actual role. Job description, occupation code, duration and duties must accurately reflect reality; permitted changes must be reported within 10 working days; and mismatches or reporting failures are mandatory grounds for revocation.

 

• New worker welfare obligations. Sponsors must actively promote and evidence worker welfare by providing information on the National Minimum Wage and working time rules, statutory leave, pay and pension auto-enrolment and opt-outs, health and safety and equality rights, and trade union rights and grievance procedures. Evidence that this information has been provided must be retained in line with record-keeping duties under Appendix D.

 

To find out more contact Nelli Shevchenko, or the Immigration team. 

All UK employers have a statutory duty to prevent illegal working. A compliant RTW check carried out before employment begins provides a statutory excuse against any civil penalty if illegal working is later identified. There is generally no standalone penalty for failing to carry out a check in isolation. The exposure becomes a real risk only when illegal working is discovered and no statutory excuse is available. The illegal working regime currently applies to employees under a contract of employment, service or apprenticeship, but this is set to expand to cover a broader category of “workers”.

Sponsors have always been held to a higher standard, and recent updates published on 6 March 2026 to the Sponsor Guidance raise the bar materially. Sponsors must now check the RTW of anyone they wish to sponsor (whether directly employed or not) and any worker they wish to employ or ‘directly engage’, including British citizens and settled workers. Depending on the working model, that potentially brings into scope self-employed contractors, consultants, subcontractors, casual staff and other individuals.

The phrase “directly engage” is critical for the rule’s interpretation but frustratingly remains undefined. The UKVI Guidance is inconsistent in its terminology, creating ambiguity and particularly around agency labour, which may fall outside the requirement if not “directly engaged”, though the wording does not clearly resolve the point.

The updated Guidance does not say the expanded expectations only apply once wider statutory reform commences, or even from the date the Guidance took effect. The Home Office appears to expect compliance now, under sponsor duties, even though wider legislative reform has not yet taken effect. That leaves sponsors in an uncomfortable position: they may be judged against standards that were not clearly articulated when earlier engagements took place.

A compliant RTW check must be carried out before engagement begins. It cannot be recreated retrospectively. A present-day status check is better than nothing and evidences current mitigation, but it cannot cure a historic gap. As a result, timely updates to the existing systems are required by the sponsors.

Failure to meet sponsor duties can result in licence downgrading, suspension or revocation, adverse outcomes at Home Office compliance visits, and increased scrutiny of historic RTW checks (via Home Office online records) during licence applications and audits. Critically, the updated Guidance means that the Home Office can take compliance action where there is a reasonable suspicion of non-compliance, rather than requiring actual evidence of it.

 

To find out more, contact Nelli Shevchenko or the Immigration team. 

Employment Law

Amongst other new obligations, it brings into sharper focus an issue that employment lawyers have long recognised: good employment practice and sponsor compliance are not mutually exclusive. For UK businesses, the two are now expressly linked.

The March 2025 updates to the sponsor guidance (Part 1, paragraphs L2.6 and L2.7, and Appendix D, paragraph 5(l)) require sponsors (employers) to inform sponsored workers of their UK employment rights— and to keep evidence of this. The Home Office has made  it clear: this duty goes beyond issuing a written statement of employment particulars under section 1 of the Employment Rights Act 1996. Sponsors must ensure that workers genuinely understand all their UK employment law rights.

What does that actually mean?

 

Core Employment Law Obligations

UK employment law is contained within multiple statutes, spanning across various legislation, and several obligations are relevant here:

 

1. Written Statement of Employment Particulars — Employment Rights Act 1996, s.1

Employers must provide all employees and workers with a written statement of their principal employment terms on or before their first working day, including pay, hours, holiday entitlement, notice periods, job title and workplace, among others. This is a day-one right. For sponsored workers, issuing a compliant written statement is the minimum.

 

2. Health and Safety Policy — Health and Safety at Work etc. Act 1974, s.2(3)

Employers with five or more employees must have a written health and safety policy and must bring it to the attention of their workforce. Simply making this information available (e.g. on an intranet) isn’t sufficient. For sponsored workers less familiar with UK workplace norms, active communication of this policy is key—for compliance and workers’ understanding.

 

3. Right to Join a Trade Union — Trade Union and Labour Relations (Consolidation) Act 1992, s.136A

Employers must provide workers with a written statement confirming their right to join a trade union. This can be incorporated into the written statement of particulars or issued separately. For sponsored workers arriving from jurisdictions where trade union membership is not recognised, their right may not be self-evident.

 

What Should Employers Do to ensure compliance?

The Home Office does not prescribe a single process. However, given the requirement to retain evidence of how this duty has been discharged (Appendix D, paragraph 5(l)), a structured and documented approach is essential.

 

Employers should consider:

• Reviewing onboarding processes to ensure it actively communicates employment rights, (as opposed to it being buried in offer packs or online portals).
• Updating written statements to ensure strict compliance with s.1 ERA 1996 requirements, including the trade union statement under TULRCA 1992.
• Producing clear employment rights summaries —as a standalone document, a section in the staff handbook, or a well-structured onboarding email —signposting key rights & accessible resources (i.e. the Acas website and government guidance).
• Ensuring health and safety policies are actively communicated at induction, retaining signed acknowledgement on file.
• Retaining evidence of delivery — for example, signed acknowledgements, email records, or onboarding checklists — so that compliance can be demonstrated in the event of Home Office audits or compliance visits.

The Home Office sets out a broad but not exhaustive evidential framework (Appendix D, paragraph 5(l)). The key point is that sponsored workers must be informed of their rights, not merely that paperwork has been filed.

 

Why This Matters for Businesses

Failure to comply with sponsor duties – including this record-keeping requirement – can result in a downgrade of the sponsor licence rating or, even, licence suspension or revocation. Therefore, cutting corners is not a viable strategy.

Equally, the employment law obligations underpinning this duty are not new. Section 1 ERA 1996 stipulates an employee’s right to bring tribunal claims for failure to provide a compliant written statement, and tribunals can award additional compensation where this is found alongside another claims. Getting this right protects the business on both fronts.

 

Immigration law updates

Other immigration changes to sponsor obligations include

 

1. Salary minimums to be paid monthly

From 8 April 2026, a worker must be paid the required salary or above for sponsorship in monthly or less frequent pay periods, or as otherwise specified in their contract. Salary must meet the going rate for the occupation code each hour worked during each pay period and the average salary must meet the required amount across any three-month period for monthly or less frequent pay periods, or in any 12-week period in more frequent pay periods (rather than over a year as was previously the case).

The rule is coinciding with the UKVI expanding its data sharing with the HMRC. Therefore, the main goal is to allow UKVI to assess whether a worker is being paid enough more quickly, including the fact that they do not need to wait to see if it averages out over a year.

We therefore suggest the employers to check their payment patterns and to ensure that all sponsored employees’ pay is meeting their minimum salary threshold as stated in their Certificate of Sponsorship.

 

2. Expansion of right to work obligations

The sponsor guidance has been updated in a way which materially widens the expected scope of right to work checks. It now indicates that sponsors must carry out checks where they are employing or engaging a worker, whether sponsored or not. On its face, this appears to extend the obligation beyond direct employees and into wider working arrangements, including, potentially, self-employed contractors, secondees and other non-traditional engagements.

This is a significant development. Many sponsors will not historically have undertaken right to work checks on self-employed individuals, because the current illegal working regime is generally framed around employment and does not require a statutory excuse to be established in those cases. The March 2026 sponsor guidance nevertheless now makes clear that, where a sponsored worker is engaged in a genuine self-employed capacity, sponsors must still carry out and retain evidence of right to work checks for sponsorship purposes. this is broadly in line with the government’s earlier consultation and policy direction on expanding right to work checks beyond traditional employment.

At present, however, the precise scope of this change remains uncertain. The term engaging is not defined in the sponsor guidance or the Rules, and that creates obvious ambiguity for sponsors using contingent labour or other indirect models. Pending further guidance, the prudent approach is to carry out right to work checks for all individuals providing services to the business where there is any realistic risk that the arrangement could fall within scope, including self-employed contractors, secondees and similar categories. That will not eliminate risk entirely, particularly as the position for genuinely self-employed workers sits awkwardly with the current statutory illegal working framework, but it is the clearest available mitigation against compliance action and potential licence revocation.

 

3. Duty to read sponsor guidance in full

Sponsors are now expected to take a far more active role in monitoring and understanding their compliance obligations. UKVI makes clear that sponsors must read, in full, the guidance relevant to their licence, including Parts 1, 2 and 3 of the sponsor guidance, the relevant appendices, the route-specific guidance and the glossary, and must remain aware of any updates made to those documents over time.

For Skilled Worker sponsors alone, this material runs to several hundred pages, with further guidance required where additional routes are held on the licence. Although our previous advice will have distilled the key obligations and reflected the position at the time it was provided, UKVI now places the responsibility squarely on sponsors to remain familiar with the source guidance itself and with any changes introduced, often at short notice.

In practical terms, this means ensuring that your Level 1 User logs into the Sponsor Management System at least monthly to review the message board for relevant updates, and that this forms part of your regular compliance process. Given the volume of material and the frequency with which the guidance changes, this is an area where many sponsors would benefit from structured support. We therefore recommend periodic training for HR teams, key personnel and operational stakeholders on current sponsor duties and wider UK immigration compliance obligations.

 

Recommended next steps

These changes increase the compliance burden on sponsors and make robust internal processes more important than ever. Sponsors should consider an immediate review of their employment law obligations, right to work check procedures, sponsor obligations, including whether current processes adequately cover all relevant categories of worker and whether actual pay is being monitored across pay periods, rather than relying solely on contractual salary.

It would also be sensible to review employment contracts, policies, handbooks and worker communications to ensure these reflect current immigration and sponsorship requirements.

We can support with targeted training on current sponsor duties and wider UK immigration compliance obligations, as well as sponsor licence health checks and broader compliance audits, to help identify gaps and reduce risk.

Please contact your relevant contact at Sherrards to enquire about this, or contact our Employment & Immigration team.

This article has been collaboratively written by Nelli Shevchenko, Senior Associate, Emma Peacock, Partner, and Ella Newman, Trainee, all in our Employment & Immigration team, bringing together combined expertise across both disciplines to provide a practical, joined-up perspective on these changes.

 

Recently, Nelli Shevchenko attended a techUK scale-up event where a panel of CEOs shared candid reflections on their growth journeys. One comment stood out. The CEO of a high-growth technology company said that, looking back, one of the key things she wished the business had done earlier was secure a Skilled Worker sponsor licence before entering its active scale-up phase.

Her point was simple. Growth rarely waits.

For many scale-ups, expansion is rapid and often unpredictable. New client wins, product launches, funding rounds and international expansion can all require immediate access to specialist talent. Yet obtaining a sponsor licence can take several months, particularly where the Home Office conducts a pre-licence compliance audit. If the licence is not already in place, hiring overseas talent becomes impossible at the very moment it is needed most.

Growth can stall without immigration readiness

Scale-up businesses operate in highly competitive, global talent markets. Projects cannot be paused while waiting for immigration permissions. Situations arise where a key engineer cannot start work on a major client deployment, or a portfolio/account manager is unable to relocate in time for a contract launch.

Immigration compliance is often viewed as a minor operational matter, something to address when required. However, when it becomes urgent, it can quickly turn into a structural obstacle to scaling.

There is also a transactional dimension. During investment rounds or acquisitions, immigration compliance forms part of due diligence. The investing or acquiring party will typically review right to work compliance, the presence of a sponsor licence, reporting systems and any historic immigration issues. Deficiencies can delay transactions and create reputational risk.

What is a Skilled Worker sponsor licence

A Skilled Worker sponsor licence allows a UK business to sponsor non-UK nationals under the Skilled Worker visa route. It enables the company to assign Certificates of Sponsorship to eligible employees, who can then apply for permission to work in the UK.

For scale-ups competing internationally for talent, this is infrastructure, not an administrative extra.

There is often a perception that obtaining a sponsor licence is bureaucratic and expensive. While the regulatory framework is detailed and compliance-focused, with the right advice and proper preparation the process is entirely manageable and proportionate to the commercial benefit it delivers.

Core requirements:

• Be a genuine and lawfully operating UK entity
• Have appropriate HR systems to monitor sponsored workers and meet reporting and record-keeping duties
• Appoint key personnel to manage the licence, including an Authorising Officer and Level 1 User
• Be prepared for a potential Home Office pre-licence compliance visit

Cost and duration:

The Home Office application fee is currently £574 for small or charitable sponsors and £1,579 for medium or large sponsors.

Once granted, the licence can be held indefinitely, provided compliance is maintained.

Employers must also budget for related sponsorship costs such as the Certificate of Sponsorship fee and the Immigration Skills Charge when sponsoring new hires.

For sponsored roles:

The role must meet the required skill level. The route now operates at degree level, and most technical and specialised roles within the technology sector will meet this skills threshold.

The salary must meet the applicable threshold. The general minimum salary is currently £41,700 per annum or the occupation’s going rate, whichever is higher. This figure is subject to any permitted reductions or tradeable points applicable to the individual employee, such as new entrant status for recent graduates.

Early workforce planning is therefore essential. Salary benchmarking and role structuring should be aligned with immigration requirements from the outset.

What about the Scale-up licence

Given its name, the Scale-up licence and visa route may appear particularly attractive to growing technology businesses. On the face of it, it seems designed specifically for high-growth companies.

In practice, however, uptake has been very limited. The route requires businesses to meet strict growth criteria and navigate an additional layer of evidential and procedural requirements. Many immigration practitioners and companies have found the process overly bureaucratic and disproportionate to the benefits it offers.

A number of lawyers, including Nelli Shevchenko, have undertaken detailed reviews of why the route has been rarely used in practice, together with suggestions for reform. The structural design of the route, including eligibility mechanics and limited flexibility compared to the Skilled Worker framework, has made it commercially less appealing.

Perhaps the clearest assessment came from the Migration Advisory Committee in its letter to the Home Secretary dated 17 December 2025, accompanying its annual report and salary requirements review. The Committee stated that “the government should avoid setting up routes such as the Scale-up visa given its very low uptake, unless there is a clear labour market need.”

For most high-growth technology businesses, the Skilled Worker sponsor licence remains the more practical, predictable and scalable option.

Immigration as a strategic asset

Access to talent remains one of the most significant challenges facing high-growth companies in the UK. In sectors such as AI, software engineering, cyber security and advanced data, the domestic labour market alone is often insufficient. A sponsor licence materially expands the available talent pool and allows businesses to compete globally for the skills they need.

Having a licence in place streamlines the hiring process. It enables companies to move quickly when the right candidate is identified, avoids losing talent due to sponsorship delays and provides certainty at offer stage. In fast-growth environments, that speed and flexibility can be commercially decisive.

From an investment perspective, sponsor licence readiness also signals operational maturity. Investors and acquirers increasingly scrutinise immigration compliance as part of due diligence. A properly managed licence demonstrates governance, scalability and international capability. It is not simply an immigration tool, but a growth asset.

For more details on sponsor licences, work visas or other immigration queries, please contact Nelli Shevchenko.

This article was originally published by techUK and is reproduced here with permission. You can view the original article and learn more about techUK here.

 

Airlines and ferry operators will be required to check immigration permission (such as ETA or UK visa) status before departure, and travellers without a valid ETA will be denied boarding or refused entry at the UK border. The UK Home Office has confirmed that this marks the final stage of the ETA roll-out, following more than 13 million applications processed during the phased implementation.

1. What is an ETA?

An Electronic Travel Authorisation (ETA) is a digital permission to travel to the UK for short stays. It is not a visa, but a mandatory pre-travel authorisation linked electronically to a traveller’s passport.

An ETA:

• Costs £16
• Is valid for two years, or until the passport expires (whichever is sooner)
• Allows multiple short visits to the UK within its validity period
• Can only be linked to one passport

2. Who needs an ETA?

An ETA is required for all non-visa national visitors, including citizens of:

• The EU and EEA
• The United States
• Canada
• Australia
• Japan, and other ETA-eligible countries

The requirement applies regardless of the purpose of travel, including business visits, tourism and short-term family visits.

Foreign nationals who already hold a UK visa do not need an ETA and they would hold a valid eVisa account or temporary vignette in their passport for travel.

Dual UK-Irish citizens are exempt, provided they travel using a British or Irish passport.

3. How to apply for an ETA

ETAs can be applied for:

• Via the UK ETA app on both Google Play and App Store, or
• Through the GOV.UK online portal

Most applications are approved within minutes, although travellers are strongly advised to apply at least 72 hours before departure to avoid disruption.

There is no formal right of appeal if an ETA is refused. When ETA is refused, the visitor would need to apply for a UK visitor visa in order to travel to the UK, which can take between 1-4 weeks to process.

This makes advance planning essential for both individual travellers and organisations managing international mobility.

4. Important note for UK dual nationals

The UK government has confirmed that UK or Irish dual nationals must travel to the UK using a current UK or Irish passport, or a certificate of entitlement to the right of abode. Travelling on a non-UK/non-Irish passport may result in boarding being refused.

It is not possible to apply for an ETA using a second non-UK or non-Irish passport if the traveller is a British citizen. British dual nationals are ineligible for an ETA, eVisa or other immigration permission due to their British citizenship. This is a significant change for British nationals who have historically travelled to the UK using a foreign passport from a non-visa national country.

From 25 February 2026, dual UK/Irish citizens must be able to demonstrate their exempt status at the point of departure. Transport carriers are required to check each passenger’s permission to travel before boarding, and may deny boarding where satisfactory evidence is not provided, due to the risk of carrier penalties.

Travellers who do not hold a current British passport may instead apply for a certificate of entitlement, which confirms the right of abode in the UK. However, it is not possible to hold both a valid British passport and a certificate of entitlement at the same time. The cost of a certificate of entitlement (£589) is significantly higher than a British passport (£94.50 for adults or £61.50 for children when applying online).

British citizens who are overseas and urgently need to travel may, in limited circumstances, apply for an emergency travel document. The application costs £125, and it can take at least 2 weeks to process. This can be more difficult and lengthy where a British passport has not been held for many years.

Early planning is therefore essential for UK dual nationals to avoid disruption, delays or unexpected costs when travelling to the UK.

 

To find out more, contact Nelli Shevchenko, or the Immigration team at Sherrards. 

The Home Office has launched a public consultation proposing to expand the Right to Work Scheme to cover individuals working outside traditional employment relationships. If adopted, this would bring significant compliance changes for businesses engaging self-employed contractors, gig workers and casual labour.

The proposals sit within the government’s Plan for Change and the forthcoming Border Security, Asylum and Immigration Bill, aimed at strengthening enforcement and preventing illegal working across all sectors.

What Is Changing?

Currently, the obligation to conduct right to work checks applies primarily to employees engaged under contracts of employment. Under the new proposals, this responsibility would extend to those who:

• Work under casual or zero-hours arrangements;
• Provide services as self-employed contractors or freelancers;
• Are engaged through sub-contracting or outsourcing models; or
• Operate via digital or gig-economy platforms.

Businesses in sectors such as construction, logistics, hospitality, healthcare, tech startups, and delivery services are expected to be most affected.

Failure to complete checks could result in the same civil penalties (up to £60,000 per individual) and criminal sanctions that currently apply to employers.

Why the change?

The government argues that the current regime leaves a gap that allows some businesses to use flexible labour without verifying immigration status. Extending the duty to all working arrangements aims to ensure fairness across sectors and prevent illegal working through third-party or platform-based engagements.

This is also a step toward the government’s long-term vision of a digital right to work system, eventually supported by a universal digital ID (a “BritCard”) expected later this decade.

Consultation details

The six-week consultation runs until 10 December 2025. Employers and business groups are encouraged to share their views on how the new system should operate in practice, including guidance and codes of practice to support implementation.

You can complete the questionnaire online or return the downloadable version from the website here to: righttorentandrighttowork@homeoffice.gov.uk

The responses are accepted by 11:59 pm on 10 December 2025.

Key takeaways

• The extension of right to work duties will significantly increase compliance obligations for businesses engaging non-employee labour.
• Home Office enforcement activity has already risen sharply, with illegal working visits up by more than 50% this year.
• Now is the time to review processes, update training, and ensure readiness for further reforms expected in 2026.

What your HR and Global Mobility teams should do

This is the time to prepare and participate. HR and Global Mobility teams should:

1. Review existing onboarding and vetting processes for all non-employee workers.
2. Identify potential risk areas in supply chains or outsourced arrangements.
3. Respond to the Home Office consultation by 10 December 2025 to help shape practical guidance for business; or contact Sherrards to provide your views as part of the wider consultation respond we are submitting on behalf of our clients.
4. Seek professional advice on implementing consistent right to work procedures across all workforce categories.

How Sherrards can help

At Sherrards, our specialist UK Immigration Team advises employers, HR professionals and compliance officers on all aspects of immigration and right to work duties.

We provide:

• Comprehensive compliance reviews and audit support;
• Tailored training for HR and recruitment teams;
• Advice on implementing digital right to work processes; and
• Ongoing support for sponsor licence management and Home Office visits.

To discuss how these proposed changes may impact your business, please contact us here.

Background

Immigration compliance is at the centre of UK Government policy. The Home Office has stepped up enforcement through unannounced visits, digital audits, and tougher penalties. All employers, whether sponsor licence holders or not, face heightened risk.

The figures are stark:

• Civil penalties for illegal working have tripled since 2024, now up to £60,000 per illegal worker.
• Recent cases include headline news:
  • St Albans and Radlett businesses fined £100K for employing illegal workers”, 5 December 2024
  • “Liverpool firms fined £165,000 over illegal staff”, dated 24 June 2025
• In Sept 2025, the Government announced a record numbers of visa sponsor licences revoked for rule breaking.

While usual high-risk sectors such as construction and hospitality remain under scrutiny, enforcement has widened to cover finance, consultancy, professional services, and e-commerce.

Case study: e-commerce business audit

As a result, our client became concerned with the potential impact of an unannounced Home Office visit or digital audit. The only way to avoid civil penalties for illegal working is by having robust processes and records to demonstrate that the necessary checks have been carried out. The company wanted assurance that its existing procedures would protect the business and clarity on where improvements could reduce risk.

This concern is far from unique. An official Home Office report (April 2025) reveals alarming findings:

• Few employers know how to carry out Right to Work (RTW) checks correctly
• Many wrongly assume recruitment agencies are responsible for verification
• 62% of small businesses and 42% of medium/large businesses incorrectly believe driving licences are valid RTW documents

Following discussion about the main areas of concern, the catered scope of work for this case included:

1. Audit of 500 employee files across the UK workforce
2. Focused reviews of:
   1. 20% student visa holders
   2. 10% sponsored workers

Findings included:

• Missing or incomplete documentation
• Incorrect reliance on third-party digital platforms, such as recruiters or IDSP
• Expired work authorisations not re-verified
• Missing data or documents for student workers (e.g. university term dates)
• Student visa breaches (exceeding permitted working hours)

We delivered a full risk assessment with clear High/Medium/Low rankings, identified system gaps, and provided a practical action plan. The business now has a robust compliance framework to withstand scrutiny and protect its sponsor licence.

Contact us

We are increasingly instructed by businesses and family offices to reduce compliance risk. Our services include:

• UK right to work audits
• Independent sponsor licence compliance audits
• Specialist training for Authorising Officers and HR teams
• Boardroom/QA training for senior management

Please email Nelli Shevchenko for further information, or contact us via the Immigration page. 

Key takeaway

With the Home Office pursuing a stricter, more proactive compliance strategy, businesses must act. The financial, operational, and reputational risks are higher than ever. Regular audits, robust systems, and targeted training are no longer optional – they are essential.

The Statement of Changes published on 1^st July introduces changes which will have significant impact on businesses and individuals looking to apply for a visa under the Skilled Worker, Global Mobility and Scale-up routes.

We strongly encourage employers to consider whether they are in a position to expedite any applications, to ensure anyone impacted by the change to skill and salary thresholds can be sponsored.

New Salary Thresholds

The salary thresholds have been updated in line with the 2024 Annual Survey of Hours and Earnings (ASHE). The below thresholds are as follow:

• The new general salary threshold: £38,700 → £41,700
• The new salary under the New Entrant provision or under Immigration Salary List: £30,960 → £33,400
• The new salary for PhD graduates after 4 April 2022: £34,830 → £37,500
• The new reduced salary for applicants originally sponsored before 4^th April 2024: £29,000 → £31,300
• The new salary for PhD graduates before 4 April 2022: £26,100 → £28,200
• The new general salary threshold for Global Business Mobility visa: £48,500 → £52,500
• All going rates for specific occupations will increase in line with the Annual Survey of Hours and Earnings (2024), for example:
  • Financial managers and directors (Code 1131): £70,000 → £75,100
  • Marketing, sales and advertising directors (Code 1132): £83,000 → £87,300
  • IT project managers (Code 2131): £51,900 → £58,200
  • Programmers and software development professionals (Code 2134): £49,400 → £54,700

Salary thresholds will be regularly reviewed by the Migration Advisory Committee (MAC).

Transitional provisions apply to those who obtained their visas or were issued Certificates of Sponsorship prior to 22^nd July 2025.

Increased Skill Level

Sponsored jobs will now need to be in a skilled occupation at level 6 of the Regulated Qualifications Framework (RQF). This means that the sponsored role must be at a degree level, and 111 roles will be no longer eligible for sponsorship after 22 July 2025. Examples of the roles that will no longer be eligible for sponsorship include public service professionals (3560), buyers and procurement officers (3551), finance officers (4124), human resources and industrial relations officers (3571), veterinary nurses (3240).

Occupations with lower skills level of 3-5 will be removed from the sponsored roles, but some of those that were identified in MAC reviews from 2023-2024 to be in shortage will remain eligible for sponsorship, but will be moved to two separate lists:

• The Immigration Salary List (ISL) – the existing list with added two occupations of care managers (1232) and nursing assistants (6131) will be in place until 31^st December 2026
• The Temporary Shortage List (TSL) – the list will be provisionally in place until 31^st December 2026 and is subject to regular reviews by Migration Advisory Committee.

Applicants already sponsored in the UK under one of the affected occupations and those with Certificate of Sponsorship assigned before 22^nd July 2025 will be eligible to apply for extension, switch or apply for supplementary work permission. There is no set deadline for extensions under these transitional arrangements, but explanatory memorandum states that they will not be in place indefinitely and will be reviewed in due course.

The Temporary Shortage list includes the following occupations:

• 1243 Managers in logistics
• 1258 Directors in consultancy services
• 3111 Laboratory technicians
• 3112 Electrical and electronics technicians
• 3113 Engineering technicians
• 3114 Building and civil engineering technicians
• 3115 Quality assurance technicians
• 3116 Planning, process and production technicians
• 3120 CAD, drawing and architectural technicians
• 3131 IT operations technicians
• 3132 IT user support technicians
• 3133 Database administrators and web content technicians
• 3412 Authors, writers and translators
• 3414 Dancers and choreographers
• 3417 Photographers, audio-visual and broadcasting equipment operators
• 3422 Clothing, fashion and accessories designers
• 3429 Design occupations not elsewhere classified – only the following job types: Industrial and product designers, Packaging designers, Performance make-up artists, Set designers, Visual merchandising managers and designers
• 3512 Ship and hovercraft officers
• 3520 Legal associate professionals
• 3532 Insurance underwriters
• 3533 Financial and accounting technicians
• 3541 Estimators, valuers and assessors
• 3544 Data analysts
• 3549 Business associate professionals not elsewhere classified – only the following job types: Business support officers, Business systems analysts
• Contract administrators, Clinical coders, Clinical trials administrators, Research coordinators
• 3552 Business sales executives
• 3554 Advertising and marketing associate professionals
• 3571 Human resources and industrial relations officers
• 3573 Information technology trainers
• 4121 Credit controllers
• 4122 Book-keepers, payroll managers and wages clerks
• 4129 Financial administrative occupations not elsewhere classified – only the following job types: Box office assistants, Grants officers, Mortgage administrators, Revenue assistants (excludes National and Local government revenue occupations), Treasury assistants
• 4132 Pensions and insurance clerks and assistants
• 5213 Welding trades
• 5214 Pipe fitters
• 5223 Metal working production and maintenance fitters
• 5225 Air-conditioning and refrigeration installers and repairers
• 5231 Vehicle technicians, mechanics and electricians
• 5232 Vehicle body builders and repairers
• 5233 Vehicle paint technicians
• 5235 Boat and ship builders and repairers
• 5241 Electricians and electrical fitters
• 5242 Telecoms and related network installers and repairers
• 5244 Computer system and equipment installers and servicers
• 5245 Security system installers and repairers
• 5249 Electrical and electronic trades not elsewhere classified
• 5311 Steel erectors
• 5315 Plumbers and heating and ventilating installers and repairers
• 5319 Construction and building trades not elsewhere classified – only the following job types: Builders, Divers, Fence erectors, Industrial climbers
• Remotely Operated Vehicle (ROV) operators, Steel fixers and underpinners
• 5322 Floorers and wall tilers
• 5323 Painters and decorators
• 5330 Construction and building trades supervisors
• 8133 Energy plant operatives

Dependents

Importantly, new UK visa applicants under occupations on the TSL or ISL will not be able to include dependents. Exemptions apply to:

• children born in the UK
• where the visa holder is the sole surviving parents or has sole parental responsibility for the child
• where the other parent holds a Skilled Worker visa being sponsored in a relevant occupation codes under transitional provisions 

Care Workers

Occupations for care workers and senior care workers (occupation codes 6135 and 6136) are no longer eligible to apply for sponsored visa from 22^nd July 2025, unless exemptions apply. Transitional arrangements are in place until 22^nd July 2028 and available to those who are already in the UK sponsored for work in one of the eligible occupation codes for at least three months ending on the date of Certificate of Sponsorship was assigned.  

What Next

Further changes expected by the end of 2025 include an increase in the Immigration Skills Charge by 32%; higher English language requirements across visa categories for both principal and dependents; and a new ‘family policy framework’ to be introduced in Parliament.

The statement of changes remains silent about widely discussed change in requirement from the current 5 years to 10 years of continuous residency for settlement. It is worth to mention that applicants applying for settlement after 22^nd July 2025 must meet the salary going rate as in place on or after 22^nd July 2025. 

It is expected that the changes to settlement eligibility might take place in 2026 following a consultation in 2025, however the exact timeline has not been officially confirmed by the Government.

Summary

The above changes to the Immigration Rules will apply to visa applications submitted on or after 22^nd of July 2025. Applicants with assigned Certificates of Sponsorship assigned prior to this date, can apply under the pre-22^nd July 2025 rules and remain under transitional arrangements.

Employers are urged to review their current workforce needs, check if any Graduate visa holders who are already with the business will be affected after their current visa expires. It may be worthwhile to bring forwards any hiring and sponsorship if the roles will be affected by the changes in skills and salary.

The assigned Certificate of Sponsorship is valid for 3 months which gives applicants time until 22^nd September to apply for the visa. Employers looking to sponsor a worker under the current rules should assign their Certificate of Sponsorship before 22^nd July. Employers should monitor their Certificate of Sponsorship allocation and in case further allocation is required, it is recommended that businesses submit requests to increase allocation as a matter of urgency.

Whilst the deadline for UK immigration rules implementation is 22^nd July, we have previously seen that the Sponsor Management System can be shut down a few days earlier. We therefore suggest not to wait until last day and ensure the necessary certificates of sponsorship can be assigned as early as possible.

The UK immigration department at Sherrards supports and educates their clients on the UK right to work and other UK immigration compliance regulations. If you have questions about your UK immigration compliance, please reach out to your usual Sherrards contact, or reach out to Nelli Shevchenko directly.

The White Paper and Immigration Reforms

On 12 May 2025, the UK government released a White Paper titled ‘Restoring control over the immigration system’ outlining significant proposals to reform the current immigration system. The document sets out a wide range of changes to key visa routes and general immigration requirements. Below is a summary of the most important proposed reforms:

Skilled Worker visa updates

The proposed changes to the Skilled Worker route focus on raising thresholds and tightening eligibility criteria.

• Increase in the Immigration Skills Charge (ISC):
  The government proposes a 32% increase in the ISC, raising it from £1,000 to approximately £1,320 per year of sponsorship. Introduced in 2017, the ISC is a mandatory fee paid by UK employers when sponsoring skilled migrant workers. The funds are allocated to the Department for Education to support local workforce training, further education, and apprenticeships. In 2022/23, ISC revenue reached £553 million according to the Migration Advisory Committee Annual Report 2024.
• Raising the Skills Threshold:
  The proposed shift to allow sponsorship of roles at RQF Level 6 (degree-level roles only) would make a significant number of jobs, estimated at over 170 occupations, ineligible for sponsorship. These roles could in theory be added to a new Temporary Shortage Occupation List, with the existing Immigration Salary List abolished, but the government claims the new list will be under constant review.
• Increase in Salary Thresholds:
  Although not confirmed, there is speculation that the base salary requirement could rise to approximately £50,000, following the exclusion of lower-skilled jobs form sponsorship.
• Closure of visa sponsorship for care workers:
  This route will close to new overseas senior care workers, though in-country extensions will be allowed until 2028. The change shifts pressure onto adult social care providers to rely on the domestic workforce, amid already stretched local authority budgets.

Extended settlement (Indefinite Leave to Remain)
The UKVI proposes an extension of the qualifying period for settlement from 5 to 10 years for all work visa routes. A move has raised alarm among migrants already on the pathway to ILR, because the UKVI has not confirmed that it will not include existing visa holders. At the same time, the government indicated that faster settlement routes may be available for individuals who make significant economic or societal contributions. There will be consultations over this proposal during 2025, so we expect the new legislation to be in place by spring 2026.

Graduate visa update
The Graduate Visa duration is planned to be reduced from 24 months to 18 months. The government argues that graduates should transition more quickly into higher-skilled roles, because in practice many currently take up lower-skilled jobs.

Student Visa compliance for sponsors
Proposed changes include:

• Introduction of a levy on higher education provider income from international students, to be reinvested into the UK’s higher education sector.
• Stricter compliance requirements for universities, including enhanced monitoring of student attendance and course completion rates.

Other economic routes
To support innovation and economic growth, the White Paper proposes enhancements to various business immigration routes:

• Expansion of research internship schemes, particularly in Artificial Intelligence (AI).
• Extension of the Global Talent Visa to include more scientific and design professionals.
• Extend Innovator Founder visa options to support university-based entrepreneurs.
• Doubling of the Expansion Worker licence sponsorship quota for companies establishing a UK presence.
• Broadening eligibility for the High Potential Individual (HPI) route to include graduates from more global institutions.

General Immigration Requirements
Several overarching changes are also proposed:

• Higher English language requirements:
  • Main applicants for certain work visas may need to meet a B2 CEFR level of English, which is currently set at B1.
  • New English language requirement to be introduced for dependents starting at A1 CEFR level.
• Stricter compliance rules for employers and educational sponsors, who should expect to face tighter scrutiny and enforcement.
• Digital transformation of border control. The UK will continue implementing its Digital Border initiative, including the rollout of contactless eGates, ending issuing vignettes and passport collection at Visa Application Centres (VACs) for key visa routes. Indeed, UKVI latest eVisa guidance update on 9 June 2025 confirmed that UK visa vignettes will no longer be issued by UKVI (UK Visas and Immigration) after June 11, 2025. Instead, UKVI will require a UKVI account and digital immigration status (eVisas) for travel to the UK. This change applies to all visa categories, including student, work, and other visas.

These proposals signal a decisive shift in UK immigration policy toward higher-skilled migration and stricter controls, while also aiming to invest more in domestic talent development. The government is expected to open a consultation period before finalising any legislative changes later in 2025.

Tech Nation to remain the Endorsing Body for Global Talent visa in technology

Following over 2 years of uncertainty, Tech Nation confirmed they are to remain the Government approved authority for Digital Technology endorsements for Global Talent visa applicants for further 3 years. They are expected to continue endorsing Global Talent applicants in the digital technology sector, and it remains to be seen whether the process will change as a result of new contract with the UKVI.

Youth Mobility Scheme can include EU nationals

The UK Government is exploring possibility of expanding Youth Mobility Scheme to EU countries as part of the recent EU-UK trade deal.
The scheme allows young people to spend up to 2 (or 3) years in countries participating in the program. The UK has currently reciprocal Youth Mobility agreements with Australia, New Zealand, Canada, South Korea, Andorra, Iceland, Japan, Monaco, San Marino and Urugay. A similar scheme is in place with India that is limited by ballot and higher healthcare charge.
The European Union and the UK has agreed in principle to further co-operate on the Scheme which would allow young British and EU citizens to freely travel and work in the respective countries for a time-limited period.

Biometric UK visa appointments in Russia

Visa applicants applying from Russia keep experiencing a shortage of biometric appointment slots. Applicants are unable to secure appointments in any VFS locations in Russia which significantly delays visa processing times. Those applying from Russia can expect a long wait to secure the appointment and where possible, consider applying from another location.

BRP and eVisa deadline on 1 June 2025

The grace period for using BRP card for travelling overseas ends on 1 June 2025. From this date, individuals traveling to the UK can no longer rely on expired BRP cards for international travel and must produce an eVisa to prove their right to enter the UK. The UKVI still advises to keep your expired BRP card as it may help with future applications to stay in the UK, and it can also still be used for generating share codes within the UK as a proof of rent or right to work.

As of April 2025 data, over 4 million people had successfully created a UKVI account to access their eVisa. This still leaves an estimated 550,000 immigration status holders who need to create a UKVI account. We therefore advise all those who have a UK visa to register for eVisa account with their passport as soon as possible.

Ecctis & overseas qualifications assessment

The UKVI has announced new updated services provided by Ecctis Ltd under a new contract effective from 1 May 2025. Eccits is a UKVI appointed body to conduct assessments of overseas qualifications for visa and nationality applications. The process now includes identity check for applicants and direct contact with educational institutions.

The assessment time has increased to 20 working days and expedited priority services are no longer available. The enhanced services include closer examination of overseas qualifications with as direct qualification verification. There will also be an automatic closure of application if awarding institution does not respond to Ecctis. Applicants are strongly advised to contact their awarding institution before applying. If the institution fails to verify an applicant’s qualification to Ecctis within 20 working days, the application will be closed automatically.

Applicants looking to file a visa application with a language or qualification requirement must allow sufficient time for assessment or seek alternative ways to meet the criteria, such as passing an English test instead of relying on the degree.

UK immigration department at Sherrards supports and educates their clients on the UK right to work and other UK immigration compliance regulations. If you have questions about your UK immigration compliance, please reach out to your usual Sherrards contact, or reach out to Nelli Shevchenko directly.