This article examines the closure of several key UK work visa routes which are now considered legacy categories. Over the past decade, the Home Office has restructured the immigration system, withdrawing older routes and replacing them with new options aimed at greater control, clarity and compliance. For HR directors and employers, understanding these legacy visas remains important because employees may still be living and working in the UK under the terms of these routes, or may have switched into different categories as part of their long-term immigration journey.
What this article is about: This article provides an overview of the main UK legacy work visa categories, including the Start-up visa, Tier 1 Entrepreneur, Tier 1 Graduate Entrepreneur, Tier 1 Investor, Innovator, Sole Representative of an Overseas Business, Turkish Businessperson visa, and Turkish Worker visa. It outlines the original purpose of each visa, explains why the routes were closed, and considers the HR and workforce compliance implications of continuing to employ staff whose immigration history involves one of these visas.
Section A: Understanding Legacy Work Visas
The UK immigration system has undergone major reform over the past decade, with a deliberate shift away from discretionary or business-led visa categories to a more structured, points-based framework. As a result, several work visa routes that were once common pathways into the UK are now closed to new applicants and are treated as legacy routes.
A “legacy” visa refers to an immigration category which is no longer open for new applications but continues to exist for individuals who had already been granted leave under that route. In some cases, visa holders may still be able to extend their permission or apply for settlement, while in other cases only transitional provisions exist to protect individuals already in the UK.
The closure of these visas typically reflects policy changes in response to concerns about misuse, lack of economic impact, or the government’s wish to consolidate multiple overlapping categories into streamlined routes. For example, the closure of Tier 1 Entrepreneur and Graduate Entrepreneur visas was followed by the introduction of the Start-up visa and later the Innovator Founder route. Similarly, the Sole Representative visa was absorbed into the Global Business Mobility framework to align with modernised sponsorship duties.
For HR teams, these changes matter because:
- Employers may still have staff working in the UK under a legacy visa, with ongoing rights to remain and to work.
- Right to work checks must take account of legacy visa documents, which may differ from current standard formats.
- Workforce planning must anticipate visa expiries, extension deadlines and potential settlement routes for employees on legacy categories.
- HR must stay alert to transition options, such as switching to newer visa categories, to avoid compliance breaches or the loss of key staff.
Section A Summary
Legacy work visas are immigration routes which are no longer open but remain relevant for existing holders. They reflect past government policy and continue to impact employers in terms of right to work checks, employee retention, and compliance risk. HR teams need to remain aware of these categories to manage their workforce lawfully and strategically.
Section B: Key Legacy Work Visa Categories
This section provides an overview of the principal UK work visas that are now closed. For HR departments, awareness of these routes is important as many employees and their dependants may still be present in the UK with ongoing rights. Each category highlights its original purpose, the reasons for withdrawal, and the HR implications.
1. Start-up Visa
The Start-up visa was designed for early-stage entrepreneurs who wanted to set up a business in the UK for the first time. Applicants did not need initial investment funds but had to obtain endorsement from an approved endorsing body.
The route closed on 13 July 2023 and was replaced by the Innovator Founder visa. Employers may still come across individuals who entered the UK under this route before closure.
For HR teams, the key considerations are ensuring correct right to work documentation and understanding that holders may have since switched into another visa, often the Skilled Worker or Innovator Founder route. Employers should direct employees considering their immigration status to resources such as DavidsonMorris Start-up Visa guidance and Xpats.io Start-up Visa UK.
Summary: The Start-up visa enabled entrepreneurs to test business ideas in the UK. Its closure requires HR teams to monitor employees who may have transitioned into newer categories.
2. Tier 1 (Entrepreneur)
The Tier 1 Entrepreneur visa was one of the main business immigration routes, allowing individuals to come to the UK if they invested at least £200,000 in a new or existing business. It provided a direct pathway to settlement.
The Home Office withdrew this route in March 2019. Extension applications were allowed until 5 April 2023, with ILR applications continuing beyond this date under transitional provisions.
Employers should remain aware that staff may still hold this status. Dependants also had broad work rights. For guidance, employers can refer to DavidsonMorris Tier 1 Entrepreneur guidance, Tier 1 Entrepreneur Visa Extension, and Xpats.io Tier 1 Entrepreneur Visa.
Summary: The Tier 1 Entrepreneur visa is closed but may still be relevant for employers managing long-standing staff and their dependants.
3. Tier 1 (Graduate Entrepreneur)
This visa allowed international graduates to remain in the UK to develop business ideas endorsed by UK higher education institutions. It was intended to foster innovation among graduates.
The visa was closed in July 2019 and consolidated into the Start-up visa, which itself later evolved into the Innovator Founder route. Employers may still encounter employees whose initial UK stay was based on this category, though transitional arrangements are now exhausted.
More information is available via DavidsonMorris Tier 1 Graduate Entrepreneur and Xpats.io Tier 1 Graduate Entrepreneur Visa.
Summary: The Tier 1 Graduate Entrepreneur route is closed but may feature in the immigration history of current staff, relevant for understanding ILR eligibility.
4. Tier 1 (Investor)
The Tier 1 Investor visa allowed high-net-worth individuals to gain UK residence by investing at least £2 million in UK investments. It was often used by senior executives, entrepreneurs, and wealthy families.
This visa was withdrawn in February 2022 due to security concerns and misuse. Extensions are possible until 17 February 2026, with ILR applications permitted until 17 February 2028.
Employers should recognise the ongoing presence of such individuals and ensure compliance when conducting right to work checks. Useful references include DavidsonMorris Tier 1 Investor Visa and Xpats.io Tier 1 Investor Visa.
Summary: The Tier 1 Investor route is no longer available, but employers may still engage with individuals or dependants who hold or held this visa.
5. Innovator Visa
The Innovator visa was launched to replace the Entrepreneur route, requiring endorsement from an approved body and at least £50,000 investment funds. It was intended for experienced entrepreneurs but proved restrictive and underused.
It was closed on 13 April 2023 and replaced by the Innovator Founder visa. Existing holders can extend or apply for ILR until April 2028.
Employers may still meet Innovator visa holders or dependants who have broad work rights. Guidance is available from Xpats.io Innovator Visa UK (Legacy Route).
Summary: The Innovator visa is closed, but employees may still be in the UK under its conditions or as dependants, with full work rights.
6. Sole Representative of an Overseas Business (Sole Representative Visa)
This visa allowed senior employees of overseas businesses to establish a UK branch or subsidiary. It was a common route for international companies expanding into the UK.
The route was closed on 11 April 2022, with its functions absorbed into the Global Business Mobility (GBM) routes. Extensions are possible until 11 April 2025, with ILR permitted until 11 April 2027.
HR teams should note that dependants of Sole Representatives have wide employment rights. For further resources, see DavidsonMorris Sole Representative Visa and Xpats.io Sole Representative Visa UK.
Summary: The Sole Representative visa is closed but still relevant for multinational employers maintaining UK entities with long-standing representatives.
7. Turkish Businessperson Visa
This route derived from the Ankara Agreement between Turkey and the EU, allowing Turkish nationals to establish businesses in the UK under preferential terms.
The route closed on 31 December 2020, following the end of the Brexit transition period. However, existing visa holders and their family members may remain in the UK and, in many cases, qualify for ILR.
For HR, this means ensuring continued right to work compliance for Turkish nationals with leave under this scheme. See DavidsonMorris Turkish Businessperson Visa and Xpats.io Turkish Businessperson Visa UK.
Summary: The Turkish Businessperson visa has closed, but employers may still employ nationals benefiting from transitional arrangements.
8. Turkish Worker Visa
The Turkish Worker visa also arose from the EU–Turkey Association Agreement, allowing Turkish nationals already legally employed in the UK to extend their stay and work.
This route closed on 31 December 2020 with Brexit, but transitional protections allow existing workers and their dependants to remain and, in some cases, qualify for settlement.
Employers must continue to verify right to work correctly and be mindful of the potential for employees to apply for settlement after time in this category. Guidance includes DavidsonMorris UK Visa for Turkish Citizens and Xpats.io Turkish Worker Visa.
Summary: The Turkish Worker visa is closed, but employers may still encounter staff who have retained rights through transitional arrangements.
Section B Summary
The UK’s legacy work visas reflect significant shifts in immigration policy, often in response to concerns around misuse or the need for modernisation. While no longer open to new applicants, these visas remain relevant for employers with existing staff, dependants, or settlement applicants whose immigration journey started under these categories. HR must recognise these visas in right to work checks, extension support, and workforce planning.
Section C: Current Position for Legacy Visa Holders
Although these work visa routes have closed, many individuals still hold lawful status in the UK under them, or have since transitioned into other categories. HR departments must therefore remain vigilant in managing compliance responsibilities for legacy visa holders.
Some key points on the current position:
- Validity of leave – Individuals who were granted leave under a legacy visa continue to hold that status until it expires. Some routes still allow extensions under transitional rules, while others only permit settlement applications or switching into new categories.
- Indefinite Leave to Remain (ILR) – Many legacy visas offered a route to settlement. For example, Tier 1 Entrepreneur and Investor visa holders can still apply for ILR if they meet residence and investment thresholds. HR teams must recognise that employees may be approaching eligibility and will need to manage their work status during the ILR application process.
- Switching to new categories – In most cases, legacy visa holders can switch into current routes such as Skilled Worker, Innovator Founder, or Global Business Mobility visas. This may affect employer sponsorship duties, costs, and workforce planning.
- Dependants’ rights – A consistent feature across many legacy visas is that dependants of main applicants often had full rights to work. This means HR may be employing dependants without sponsorship requirements. Employers must check documentation carefully and avoid assumptions about status.
- Risk of expiry – One of the main compliance risks is that an employee may fail to apply for extension, settlement, or switching before their leave expires. If right to work checks are not updated, the employer could face civil penalties for illegal working. HR should maintain clear tracking systems and reminders for visa expiry dates.
- Ongoing monitoring – Even if an employee has been with a business for years, their visa status may still be tied to a legacy category. Employers cannot assume continuity without evidence. HR should continue to perform follow-up checks in line with Home Office requirements, using the online checking service where applicable.
Section C Summary
The current position for legacy visa holders is transitional. While the categories are closed, individuals already holding leave can remain and, in many cases, move toward settlement. For employers, the critical compliance issue is to ensure that right to work checks are updated, visa expiries are monitored, and staff are supported where switching or settlement is necessary to maintain lawful employment.
Section D: Impact on HR and Workforce Planning
The closure of legacy work visa categories has left employers managing a workforce where immigration status may be complex and varied. HR teams must take proactive steps to understand the impact of these legacy routes on compliance and strategic workforce planning.
- Right to work checks – Legacy visa holders and their dependants may present different documentation to evidence their right to work. HR must ensure that internal processes are up to date with the types of biometric residence permits, visa stamps, or digital status records linked to these older categories. Failure to carry out compliant checks can expose employers to civil penalties and reputational damage.
- Visa expiry and settlement planning – Many employees who entered on legacy visas are now reaching the point of eligibility for Indefinite Leave to Remain. HR should build forward-looking visa tracking systems to identify key dates and support staff through settlement or switching processes. Supporting staff at this stage is not only a compliance measure but also aids retention of skilled workers.
- Switching into new routes – Employees still holding leave under a legacy category may need to switch into a current route, such as Skilled Worker or Innovator Founder. This often introduces sponsorship obligations and associated costs for the employer. HR directors should anticipate these transitions and plan recruitment budgets accordingly.
- Managing dependants in the workforce – Dependants of legacy visa holders often enjoy broad employment rights. HR must ensure that right to work checks reflect these rights and that assumptions are not made based on outdated rules. This includes maintaining consistent re-checks in line with Home Office requirements.
- Policy communication – Employers should communicate immigration policies clearly to employees, particularly those with legacy visa backgrounds. Providing guidance and support helps to avoid last-minute visa crises which could affect workforce continuity.
- Strategic workforce considerations –
- Businesses relying on international talent must understand that certain “entrepreneurial” or “representative” pathways are no longer available.
- Future workforce planning should consider alternative sponsorship routes.
- Employers expanding into the UK must now use the Global Business Mobility framework instead of the Sole Representative route.
Section D Summary
For HR directors, the closure of legacy work visas has not removed responsibility. On the contrary, it requires careful management of compliance processes, forward planning for visa expiries and settlement, and strategic adjustment to recruitment strategies. Employers must remain alert to the risks and opportunities that arise from supporting staff who entered the UK under these now-closed routes.
FAQs
1. Can employees on legacy visas still work in the UK?
Yes. If an individual still holds valid leave under a legacy visa, they can continue to live and work in the UK in accordance with the conditions of their visa. Many legacy visa holders are also now eligible to apply for Indefinite Leave to Remain, which grants them permanent work rights.
2. How should HR verify the right to work for staff on legacy visas?
Employers must carry out right to work checks in line with Home Office guidance. This may involve checking biometric residence permits, using the Home Office online checking service, or reviewing physical documentation depending on the category and the timing of the grant. HR teams must not assume validity without evidence.
3. What happens if an employee’s legacy visa expires?
If a legacy visa expires without an extension, settlement or a switch into another category, the individual loses their right to work. Employers must not continue employing them or they risk civil penalties. HR should maintain visa expiry tracking to avoid lapses.
4. Do dependants of legacy visa holders have different rights?
Most dependants of legacy visa holders had unrestricted rights to work in the UK. Employers should check each dependant’s documentation but, in practice, many will have had wide employment rights.
5. Are legacy visas still relevant to workforce planning?
Yes. Even though the categories are closed, employees may still be present in the workforce with leave under them. HR must manage compliance, anticipate settlement applications, and plan for possible switches into newer visa categories that may require sponsorship.
Conclusion
Legacy UK work visas represent a significant stage in the evolution of the immigration system. While the routes themselves are closed, they continue to affect employers through the presence of long-standing employees, dependants with work rights, and individuals transitioning into newer visa categories or applying for settlement.
For HR directors and senior managers, the key challenges lie in ensuring compliance with right to work checks, monitoring visa expiry dates, and supporting staff through settlement or switching processes. These actions protect the organisation from legal risk while safeguarding workforce continuity.
Strategically, employers should also recognise that entrepreneurial and representative pathways, such as the Tier 1 Entrepreneur and Sole Representative visas, have been replaced with more structured and controlled routes. Workforce planning must therefore adapt to the modern immigration landscape, particularly where sponsorship duties and associated costs are involved.
In summary, although legacy visas are a matter of history for UK immigration policy, they remain part of the present for HR teams tasked with ensuring lawful employment and retention of international talent.
Glossary
| Legacy visa | A UK immigration category that has been closed to new applicants but continues to exist for those already holding leave under it. |
| ILR (Indefinite Leave to Remain) | A form of permanent residence in the UK, granting the right to live and work without restriction. |
| Ankara Agreement | An agreement between Turkey and the EU that gave Turkish nationals preferential access to establish businesses or work in member states, including the UK prior to Brexit. |
| Right to work checks | The process employers must follow to confirm that employees have valid permission to work in the UK, including repeat checks where visas have expiry dates. |
| Global Business Mobility routes | Visa categories introduced in 2022 to replace and modernise older routes such as the Sole Representative visa, supporting overseas businesses sending workers to the UK. |
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Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing & Content Agency for the Professional Services Sector.
