UK immigration planning for EU farming families relocating to the UK

The UK Government’s Farming Roadmap 2050 sets an ambitious direction for farming, with a focus on building a sector that is profitable, productive, sustainable and resilient in the face of climate change, evolving technology and environmental pressures. The UK Government is seeking to give farmers confidence to invest, innovate and adapt, potentially making UK agricultural land and rural businesses increasingly interesting to EU farming families with experience of modern, sustainable and technology-led farming practices.

For EU families considering such an investment, however, the immigration position is a separate question from the acquisition itself. Buying agricultural land, acquiring shares in a farming business or investing capital does not confer a right to live or work in the UK. The immigration strategy therefore needs to be considered alongside the acquisition and operating structure from the outset, with the position of each family member considered alongside the proposed acquisition structure, relocation timetable and intended involvement in the business.

Post-Brexit, EU and Swiss nationals no longer have an automatic right to live, work or establish themselves in the UK. The appropriate immigration route will depend heavily on the family’s circumstances and commercial plans. Historic UK residence may help with an application under the EU Settlement Scheme, while British family connections and Commonwealth ancestry may open up family or UK Ancestry routes. Where a family member intends to work in or manage the acquired business, Skilled Worker sponsorship requires particularly careful consideration where that individual is also an owner, founder, purchaser or controlling mind of the business. For established overseas agricultural businesses expanding into the UK, the UK Expansion Worker route may provide a temporary option, while genuinely innovative agri-tech, sustainable farming or environmental technology businesses may potentially fall within the Innovator Founder route.

Education and wider family objectives should also be considered at an early stage. Dependent children can accompany parents under many immigration routes, while the Child Student route may be appropriate where children will attend an independent boarding school and the parents remain primarily overseas. In limited circumstances, one parent may accompany a younger child under the Parent of a Child Student route, although this is subject to significant restrictions. The preferred education arrangements should therefore be considered alongside the parents’ immigration strategy and the timing of any farm acquisition or relocation.

Farm businesses should be aware that immigration considerations continue after an acquisition has completed. Farm businesses need to consider right to work compliance, sponsorship and workforce planning, particularly where they rely on seasonal, casual or overseas labour. The availability of sponsorship for many practical agricultural roles is limited, while the Seasonal Worker route is temporary, restricted to particular types of work, does not permit dependants and does not lead to settlement. Immigration due diligence should therefore sit alongside the corporate and property aspects of a farm acquisition, covering existing labour arrangements, right to work processes, sponsorship requirements and responsibility for ongoing compliance.