Legal

HNW Immigration – Addressing Clients' Concerns

Zoe Jacob 1 April 2025

HNW Immigration – Addressing Clients' Concerns

HNW individuals, contrary to certain media narratives, still want to relocate to the UK. What immigration routes exist for this population cohort, and what are the optimal structures for them?

During this month, we are looking at talent management topics. One related area is how firms are recruiting successful, HNW individuals to work in certain sectors, or in other cases, such individuals are coming into a country to build and develop business. In a world of free movement and open capital markets, this is as important a topic as ever. Yet, as readers know, certain jurisdictions, including the UK, have changed rules, not always with a view to making it easy. 

In this article, Zoe Jacob, immigration partner at London law firm Boodle Hatfield, considers the issues. The editors are pleased to share these views; the usual editorial disclaimers apply. Email tom.burroughes@wealthbriefing.com and amanda.cheesley@clearviewpublishing.com

Following the announcement of the 6 April 2025 tax changes, the dominant media message has been one of a net outflow of wealth from the UK. In our experience, however, there is still considerable inbound HNW immigration to the UK, driven by a combination of factors. This includes geopolitics, climate change, the relative strength of certain foreign currencies and the continuing popularity of the UK's leading private schools.

The lack of an immigration route based on investment, and the ever-increasing restrictions on bringing domestic staff to the UK, means that nuanced, personalised advice is required to facilitate these cross-border moves. With that in mind, this article addresses three questions that frequently arise at the outset of the immigration process and the factors that influence the answer to each. 

I have received a job offer from a UK company in which I am a significant shareholder. Does my interest in that company prevent them from sponsoring my “Skilled Worker” visa?
The short answer to this question is no. A Skilled Worker migrant can be sponsored by a company which they own, wholly or in part. In reality, however, the considerations are more nuanced. A key question which arises in this context is whether the fact that the individual is a shareholder casts doubt on the genuineness of the role they have been offered by the UK company. 

Key questions for clients in this position include “are there other UK-based employees of the company?”, “does the company comply with its other legal duties as an employer?”, and “is there someone in the UK company who can monitor the proposed Skilled Worker's activity?”
The individual must be able to establish that the sponsor has a genuine need for the job described. The proposed sponsored employee must also have the appropriate skills, qualifications and experience needed for the role they intend to undertake in the UK. If this can be established then, subject to meeting the other criteria for a â€śSkilled Worker” visa, the fact of the shares being held by the applicant, should not prove a barrier to success. 

The most recent statement of changes to the Immigration Rules, which come into force from 9 April 2025, also makes explicit that the Skilled Worker migrant's salary cannot be paid from their own investment in the company. Precisely how this change will be implemented remains to be seen.

If I don’t want to be tied to working for one company in the UK, what are the available options? 
For actors and musicians, as well as the founders and key employees of tech companies, the answer to this question is often to apply for a “Global Talent” visa. This process involves obtaining endorsement from an industry specific “endorsing body” as an individual with either “exceptional promise” or “exceptional talent.” For performers this body is the Arts Council England and for those in the tech sector this is Tech Nation. Once endorsement has been obtained the individual can apply for a visa which, if granted, gives them the freedom to work freely in the UK in either a self-employed or employed capacity, within their field of expertise. For performers, this means the ability to take on creative projects without restriction. For tech entrepreneurs this mitigates the risk of tying their ability to remain in the UK to a job opportunity in a field familiar with mass layoffs.

Other options that do not involve sponsorship by a UK company include the “Ancestry” visa, which is often an excellent option for those from Commonwealth jurisdictions with historic family ties to the UK. The “High Potential Individual” visa or the “Youth Mobility” visa are also well-suited to next-gen HNW individuals wishing to come to the UK for a few years following graduation. 

How can I bring my nanny with me to the UK?
Changes to the “Skilled Worker” visa category, which removed nannies from the list of eligible skilled professions, and more recent changes that have excluded companies from sponsoring staff who will be employed in a “personal capacity,” means that a route used by several HNW families to bring their overseas nannies with them to the UK, is no longer available.

It is therefore now necessary to examine the nanny's UK immigration position more holistically, as well as the options available to that specific individual. One possible alternative for nannies genuinely intending to study in the UK, is for the nanny to obtain a “Student” visa which is sponsored by a UK Higher Educational Institution. On this route, however, there are limits to the hours a nanny can work (often 20-hours per week during term-time and full-time during the university holidays. Depending on their personal situation and family history, the nanny may also be able to apply for an “Ancestry” visa or a “Partner” visa based on their relationship with a British citizen or person settled in the UK.

Another option, which works well for globally mobile families, is a six-month “Overseas Domestic Worker” visa which allows the nanny to travel with the family to the UK. If the family will not be making the UK their main home, this is relatively straightforward. If the family will be relocating permanently to the UK but needs the nanny in position to help settle the children in their new home, this application can be made on a discretionary basis.

Conclusion
In conclusion, HNW interest in relocation to the UK remains high and there are still many immigration routes available to facilitate this. Which route will work best for an individual will depend on their unique personal circumstances. The earlier professional advice is sought, the greater the likelihood of a smooth migration journey.

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