In the current UK political climate, immigration is too often framed in black and white. With ‘Stop the Boats' slogans dominating headlines, the line between illegal and legal immigration has become dangerously blurred in public discourse. This confusion not only distorts the facts but threatens to discourage the very people the UK is actively trying to attract - entrepreneurs, creatives, and skilled professionals from around the world.
It is time to set the record straight.
Legal vs illegal immigration: Two very different realities
Let us be clear: illegal immigration refers to entering or remaining in the UK without lawful authority - such as unauthorised Channel crossings or overstaying a visa. It is these instances that dominate the front pages and political debate.
But legal immigration is another matter entirely. This refers to structured, government-approved visa routes that bring highly skilled, vetted individuals into the UK. These people - including scientists, founders, software engineers, architects, designers, academics and more - come to invest, create jobs, launch innovative startups, and add measurable value to British society.
The problem is that the public conversation too often combines these two very different types of immigration together. That is a mistake, both economically and strategically.
The UK still needs (and wants) global talent
Despite the rhetoric, the UK government continues to encourage legal immigration through specific, forward-looking routes. Two key visas are central to this approach:
1) The Global Talent visa, aimed at internationally recognised (or emerging) leaders in tech, science, and the arts
2) The Innovator Founder visa, for entrepreneurs who want to launch or scale an innovative business in the UK
These visa routes remain very much open, and they reflect a broader reality: the UK is facing acute skills shortages in areas like technology, AI, life sciences, and creative industries. SMEs and startups are finding it harder to hire the people they need locally. Post-Brexit, they can no longer look to the EU's talent pool as easily as before. Legal migration is the solution, not the problem.
Why these Visas matter for the UK economy
Startups and scale-ups are the lifeblood of the UK economy. They drive innovation and create high-value jobs. But innovation needs talent - and talent is global.
Far from being loopholes, these visa routes are highly selective. Applicants must pass rigorous assessments, meet financial and professional criteria, and demonstrate how they will contribute to the UK.
Visa 1: The Global Talent Visa - For leaders in their fields
The Global Talent Visa is designed for individuals who are leaders or rising stars in:
- Digital technology
- Arts and culture
- Academia or research
Unlike traditional work visas, the Global Talent route does not require a job offer. Instead, applicants must obtain an endorsement from a recognised UK body, such as Tech Nation (digital tech), Arts Council England (culture), or UK Research and Innovation (academia).
Why it works:
- No employer sponsorship is needed
- Provides flexibility to be employed, freelance, or run your own business
- Provides a route to Indefinite Leave to Remain (ILR) and British citizenship
- Up to five years of leave is granted from the outset
Visa 2: The Innovator Founder Visa - For entrepreneurs
Launched in 2023, the Innovator Founder Visa replaced the previous Innovator and Startup routes, offering a more accessible pathway for entrepreneurs looking to start or scale-up a business in the UK.
Crucially, this visa no longer requires a £50,000 investment. Instead, applicants must have a business idea that is:
- Innovative: unlike anything else in the UK market
- Viable: with potential for growth
- Scalable: capable of job creation and market expansion
Again, applicants must receive an endorsement from one of the Home Office-approved bodies, which will vigorously assess their business plan and potential.
Key benefits:
- No set investment requirement
- Permission to work both in your business and outside of it
- 3-year visa with a potential fast-track route to settlement and citizenship
- Opportunity to bring dependants
How can UK SMEs and startups attract global talent?
If you are running a business in the UK and struggling to recruit, here are practical steps to tap into the global talent pool:
1) Understand the Visa routes
Know the difference between Global Talent and Innovator Founder Visas. The former is best for senior-level talent, the latter for entrepreneurs and business builders.
2) Use approved endorsing bodies
Work closely with approved endorsing organisations. These Home Office-approved bodies often have sector-specific knowledge and can guide both businesses and applicants through the process.
3) Become a sponsor (if needed)
For other visa types, like the Skilled Worker Visa, you may need to become a licensed sponsor. This provides wider options for hiring international employees.
4) Partner with immigration experts
Visa applications are complex. Working with experienced immigration lawyers helps you to mitigate against delays, refusals, or costly mistakes. Legal advice can also help tailor your hiring strategy to evolving immigration rules.
Final thoughts: Don't confuse headlines with policy
Yes, the UK is tightening its stance on illegal immigration. But that is a separate conversation from the one we should be having about foreign talent and skills.
Entrepreneurs and creatives from around the world are not just welcome in the UK - they are needed. They start companies, invent technologies, contribute to the arts, and fill vital roles in sectors that the UK economy cannot thrive without.
For SMEs, startups and established businesses, understanding how to access this talent through the Global Talent and Innovator Founder Visa routes is more than an HR strategy - it is a growth strategy.
For further information visit Gherson Solicitors LLP
