UK Immigration Considerations for Airline Staff

Since the easing of travel restrictions prompted by the COVID-19 pandemic, the aviation sector has experienced a resurgence.

With growing passenger volumes and the challenges posed by a post-Brexit UK labour market, it has become imperative to recruit airline personnel, such as pilots and engineers, globally to meet the heightened demand for travel and to ensure adequate staffing levels are maintained.

Skilled Worker Sponsorship

This is the most common UK “work permit” route. Under this route, the employee must be sponsored by their employer and the employer must hold a valid sponsorship licence.

In addition, the role must be sufficiently skilled (at least equivalent to NQF Level 3) and meet the minimum salary levels. This is the higher of the general skilled worker threshold or the “going rate” which is determined by the specific role being undertaken, and it must be mapped to the most appropriate Standard Occupational Classification (SOC) Code.

Which salary components are eligible for consideration?

Typically, only the guaranteed basic gross pay can be included. The regulations explicitly prohibit factoring in any pay affected by fluctuating hours, such as shift, overtime or bonus pay (even if guaranteed), as well as allowances like accommodation.

Consequently, sponsoring for a Cabin Crew position is rarely feasible in practice, given the industry norm of a modest basic salary supplemented by shift and other allowances.

Recent salary changes

As part of the government’s five-point immigration plan to reduce net migration, changes to the Immigration Rules are due to come into force on 4 April 2024.

The key applicable changes are:

• Salary rates updated to Office of National Statistics 2023 data, which means the going rate that employers must pay for a specific role is changing;
• Raising salary thresholds under the Skilled Worker regime:
  • the general salary threshold will increase to £38,700 (from £26,200)
  • the going rate will rise to the median from the 25th percentile.
• The Shortage Occupation List (SOL) was abolished and replaced with the Immigration Salary List (ISL). There will no longer be a 20% discount on the going rate.
• The SOC codes updated from SOC 2010 to 2020 classifications, meaning that there has been a slight change in mapping the role to the most appropriate code.

Happily, holders of PhD qualifications, qualifications in a STEM subject, new entrants or on the ISL will continue to benefit from reduced salary discounts and transitional provisions apply to those whose Certificate of Sponsorship was assigned before 4 April.

Impact on the aviation industry

These changes will have a significant impact on the industry, especially for pilot and engineer roles.

For instance, considering a 37.5-hour workweek, aircraft engineers sponsored under SOC 2122 Mechanical Engineers (2010 clarification) previously required an annual salary of at least £26,400.

However, with the implementation of the new Rules, they will now be classified under the new SOC 2020 code of 2126 Aerospace Engineers and must meet a minimum salary of £46,400 per annum. Similarly, there is a substantial salary increase for pilots, rising from £50,800 to £71,700 per annum.

Air Crew Exemption

Air Crew are treated differently under the Immigration Act 1971 as they are subject to immigration control but do not need a work permit or visa to enter the UK.

Who falls under the category of Air Crew?

This immigration option is for people employed in the working or service of an aircraft, including the captain as they will be arriving and departing as operating aircrew. This does not include ground crew or security guards. 

If they arrive as positioning, deadheading or supernumerary crew, they must seek permission to enter at an immigration control.

All other staff of overseas and UK airlines who will be based in the UK will need to either fall under the Wet Leasing agreements or obtain a work permit under the Immigration Rules unless based in the UK under a specific concession.

What documents are required for travel?

For departures within seven days of arrival, no work visa or prior entry permission is necessary. Air Crew only need to present their passports along with either their pilot's license, cabin crew ID or valid crew member’s certificates.

Unlike those falling under the Wet Leasing Permitted activity according to the Visitor Rules (details below), visa nationals typically do not need UK immigration clearance before traveling unless specific circumstances apply. These include situations where the crew member:

• Has been previously denied entry without subsequent approval.
• Has an active deportation order against them, in which case they will be denied entry clearance or permission to enter.

Crew members planning to stay longer than seven days must possess a valid visa. Those seeking an extension after arrival must apply for leave to remain in the UK.

Aircraft security guards, crew undergoing training, loadmasters, engineers, and others not classified as operating crew must carry their passports and, if required, visas.

Operational ground staff based at airports (limited to station managers, security managers, and technical managers) from overseas-owned airlines require prior entry clearance. All other personnel from overseas and UK airlines intending to be stationed in the UK must obtain a work permit under the Immigration Rules.

UK Visitor Rule Updates: Wet Leasing Arrangements

Recent updates to the UK Visitor rules have formalized wet leasing arrangements. Between 1 March and 31 October, pilot or cabin crew members may now enter the UK as Visitors and temporarily work in the country under the terms of a Civil Aviation Authority (CAA) approved Wet Lease Agreement. This is contingent upon them maintaining their employment and compensation overseas.

This adjustment integrates an existing concession, previously conducted outside the UK Immigration Rules, into the Visitor Rules. It permits flight crew to participate in CAA-approved wet lease arrangements and travel to the UK between March and October.

What is wet leasing?

This agreement entails two airlines, where the lessor commits to supplying an aircraft, crew, maintenance and insurance (ACMI) to the lessee in exchange for compensation based on the number of block hours operated. Meanwhile, the lessee organizes its own ground services like fuel, handling and catering.

ACMI leases serve as a cost-efficient option compared to purchasing a new aircraft. The UKVI recognizes that this arrangement will benefit the UK aviation sector by addressing challenges such as seasonal demand fluctuations, route experimentation, maintenance disruptions and crew shortages.

What documentation is required to enter the UK?

Visa nationals, as defined by the UKVI rules Visa National List, must apply for and obtain a Visitor visa before seeking entry into the UK to work under a CAA-approved Wet Lease Agreement. Non-visa nationals, on the other hand, are not obligated to acquire a Visitor visa before traveling to the UK.

However, they should be prepared to explain or provide evidence, if questioned upon arrival, regarding how they meet the criteria of the Wet Leasing Arrangement to ensure seamless entry into the UK.

Impact of the Electronic Travel Authorisation (ETA)

The UK is moving towards digitalisation of its border (for further information, see our previous article on the UK's ETA Scheme).

It has already gone live for Qatar, Bahrain, Kuwait, Oman, the United Arab Emirates, Saudi Arabia and Jordan, with it being rolled out to further nationalities this year with the aim for the border to be fully digitalised by 2025.

This means applicable non-visa nationals will be required to obtain an ETA before travelling to the UK under the Wet Lease Agreement.

Need to know more?

For further information or guidance, please contact Senior Manager Sonal Cooke at [email protected].

This blog was published on 2 April 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.