Hiring International Employees in the UK

How to employ a foreign worker in the UK?

If you are a UK employer and you are looking to employ a foreign worker, you will need to meet different requirements depending on their nationality, skill-set, as well as the contract length.

If you are employing someone on a Skilled Worker Visa or a Temporary Worker Visa, you must hold a Sponsorship Licence. You must also be registered to sponsor employees to transfer a worker to the UK from an overseas office. If you are hiring a worker who holds a Global Talent Visa, you will not need a Sponsorship Licence, as Global Talent Visa holders are already endorsed by an approved UK endorsing body. It is important to bear in mind when hiring foreign workers that the Tier 3 Visa has been suspended. As a result, you can no longer hire unskilled migrant workers in the UK. 

For those intending to hire religious workers or sportspeople, a Sponsor Licence will be necessary to sponsor their applications for entry clearance.

Our lawyers offer high-quality advice on the process of employing foreign workers. We can assist with applications for Sponsorship Licences and ensure that your company’s HR methods are functioning properly. We can also help you appeal if you have received a Civil Penalty or had your Sponsor Licence revoked.

Get in touch with us now on +44 (0)333 414 9244 or use our online contact form for answers to all your questions about hiring foreign workers. We have offices based in London, Manchester, and Birmingham, as well as in many other locations throughout the UK. We look forward to helping you with your immigration case.

Employing Foreign Workers in UK After Brexit

EU citizens who lived in the UK before December 31, 2020, were required to apply for the EU Settlement Scheme by June 30, 2021. However, late applications are still accepted under specific circumstances, such as compelling or compassionate reasons for delay

Having EU settled status allows EU workers and their families to live and work in the UK without needing a UK visa. Employers do not need a special license to hire individuals with valid EU Settled or Pre-Settled Status. However, they are required to verify the right-to-work status of all employees.

Eligibility Requirements For The Sponsor Licence: Can a UK company employ someone abroad?

Before embarking on the process of applying for a license, it is essential to thoroughly grasp the Home Office criteria that must be met. In essence, your organisation must demonstrate the following:

Criteria:

• Operates as a legitimate and law-abiding company within the UK.
• Maintains a physical presence in the UK.
• Does not pose a threat to immigration control, including avoiding illegal worker employment, having no pending convictions for immigration violations, money laundering, fraud, or similar offenses.
• Has not experienced a sponsor license revocation within the past year.
• Employs reliable personnel responsible for overseeing the employment sponsorship process.
• Adheres to the expected compliance standards for sponsoring employers.

Compliance Duties:

• Maintains an HR system capable of accurately recording sponsored employee information.
• Implements procedures to ensure that only suitable and qualified foreign workers receive a Certificate of Sponsorship.
• Reports significant changes in circumstances to UKVI within 10 working days, such as when a sponsored worker does not commence work as scheduled, departs from employment, or changes job role or location.

The UK Skilled Worker Visa for foreign workers

The UK Skilled Worker Visa is a type of visa designed for foreign nationals who have a job offer from a UK employer in a skilled occupation. This visa category replaced the Tier 2 (General) Visa and is part of the UK’s points-based immigration system.

To qualify for a Skilled Worker Visa, applicants must meet specific criteria, including a job offer from a licensed UK employer, English language proficiency, and earning a minimum salary of £26,200 per year or £10.75 per hour unless exceptions apply, such as jobs on the Shortage Occupation List.

The Skilled Worker Visa allows individuals to live and work in the UK and can potentially lead to settlement (Indefinite Leave to Remain) and even British citizenship, depending on the circumstances.

Alternative Visas To The UK Skilled Worker Visa for hiring international employees

Here are some alternatives to the UK skilled worker visa:

• The graduate visa
• The high potential individual visa
• The health and care worker visa
• The scale-up visa
• The global business mobility visas
• The temporary worker visas

Immigration Compliance when hiring foreign workers

All employers in the United Kingdom must adhere to the illegal working prevention system, which mandates the verification of an individual’s eligibility to work in the UK. This obligation remains in force whether you are recruiting from international sources or exclusively employing individuals from the domestic labour pool.

Engaging an individual in unauthorised employment carries both civil and criminal repercussions. Should you employ someone with reasonable grounds to suspect their illegal status, you would be in violation of a criminal offense. Conviction could result in an unlimited fine and a potential prison sentence of up to 5 years for knowingly employing illegal workers.

How Can IAS Help You Hire Foreign Workers

Work visa applications can be intricate, and it is strongly advised to enlist the services of an immigration expert. You must ensure compliance with all mandatory criteria, diligently complete the requisite forms, and assemble the necessary supporting documentation.

Our team of dedicated immigration consultants can assist you comprehensively throughout your Partner Visa application process in the United Kingdom. Our services encompass:

• liaising with you in person, via phone or Skype at a time that suits you;
• assessing your eligibility;
• checking your documents to ensure that they are sufficient for your visa application;
• preparing a Letter of Representation to accompany your application;
• liaising with the Home Office until your case is resolved;
• completing each part of your application form to the highest standard.

IAS has an excellent track record with successful cases, and our lawyers are highly experienced in this field. To apply for a UK work visa, get in touch with IAS online or on +44 (0)333 414 9244 today for professional, no-obligation advice or assistance.