Sponsor Licence for UK Construction Worker Visas

Why you need a Sponsor licence to Hire Construction Workers in UK

If you wish to hire foreign construction workers for your business, you will first need to obtain a sponsor licence from the Home Office. This will begin the process of obtaining a UK visa for construction workers.

Sponsor licences are valid for 4 years at a time and can be renewed indefinitely, as long as you continue to meet the standards and requirements set out by the Home Office.

These requirements include things such as ensuring that foreign workers have a legal right to work in the UK, and that the construction roles you are offering are genuine and meet minimum salary requirements.

Types of Sponsor Licence for Construction Companies Offering Sponsorship in the UK

Broadly speaking, there are two types of sponsor licence for employees. One is dedicated to long-term employment, normally leading to permanent settlement in the UK, and the other is for certain types temporary employment.

Long-term employment sponsor licences, or a ‘worker licence’ is required for the following routes:

• Skilled Worker visa
• Senior or Specialist Worker visa
• Minister of Religion
• International Sportsperson

A short-term, or ‘temporary worker’ sponsor licence is required for the following routes:

• Scale-up Worker
• Creative Worker
• Charity Worker
• Religious Worker
• Government Authorised Exchange
• Graduate Trainee (Global Business Mobility)
• Service Supplier (Global Business Mobility)
• UK Expansion Worker (Global Business Mobility)
• Secondment Worker (Global Business Mobility)
• Seasonal Worker

Eligibility Criteria for Construction Worker Visa Sponsorship UK

There are some criteria that businesses have to fulfil when applying for a sponsor licence to hire construction workers. For instance, you must:

• Be legally and officially trading and operating in the UK at the time of application.
• Meet the Home Office’s requirements for HR procedures and systems.
• Ensure that your business is of good standing (e.g. ensuring that your tax and financial circumstances are all accounted for and ensure that key staff do not have any unspent criminal convictions, etc).
• Ensure that you have the staff to fill key roles in managing the SMS (sponsor management system).
• Offer roles at NQF Level 3 or above.
• Ensure that your business complies (and has complied) with all necessary immigration laws.

Genuineness Test for UK Construction Visa Sponsorship Applications

The genuineness test should be assumed as a business circumstance. The Home Office usually wants to see the justifications why you need a sponsor licence and a foreign citizen for the vacancy.

If you can deliver convincing business occasions explaining your reasons and needs for foreign workers, the application will meet the genuineness test.

The genuineness test applies throughout the sponsor licence lifecycle: during the initial application, during compliance visits, and when applying for a Certificate of Sponsorship

The genuineness test scrutinises the roles or positions you are obtaining a construction visa for. Also, whether these roles fit within your organisation as a whole.

Meeting Requirements for Migrant Worker Vacancies

The position you offer to foreign workers must be genuine. In order to comply with this requirement, you must ensure that:

• The role has an appropriate standard occupation code
• The role is a reasonable and logical fit for the type of business that you’re operating
• If a potential candidate has already been identified, then the role being offered to them is suitable and appropriate for their expected salary, skills and experience

You may have to provide additional proof to the Home Office showing that a job role is genuine if they have any doubts that this is not the case for your construction skilled worker.

Legal Requirements for Construction Companies Sponsoring Skilled Worker Visas in the UK

You may have to undergo additional checks from the Home Office in certain situations. For instance:

• If the Home Office suspects that a role is not genuine, additional proof may have to be provided.
• The applicant for the role may be asked to attend an interview with the Home Office where their skills, experience and knowledge of the role are assessed.
• The applicant’s travel history may also be scrutinised in order to ascertain the ‘genuineness’ of the tole.

Minimum Salary Requirements for Skilled Worker Visa Construction Roles

To be eligible for a sponsor licence, you must ensure that the roles you’re offering meet the minimum salary requirements as set out by the Home Office.

For example, the minimum salary requirements for the Skilled Worker visa is generally at least £38,700 per annum, or the going rate for a specific job role, whichever is higher.

Points Requirement for Skilled Worker Visa for Construction Workers in UK

The points that a Skilled Worker visa applicant needs to successfully apply are set out below.

Application Requirements for Construction Worker Visa Sponsorship in the UK

The first thing to remember is that the position you’re recruiting for must be a genuine vacancy. The UK government will not issue a visa for an overseas worker to come and fill a role that could be filled by someone already resident in the country.

Fortunately, proving a genuine vacancy isn’t as hard as it might sound. If you’re not sure whether your job qualifies, an IAS agent can help you determine this. We’ve extensive experience with UK visa requirements and can help you put together a strong application.

With these in mind, other requirements are:

• The Candidate Must Qualify for a Skilled Worker Visa
• Under the UK’s immigration points system, candidates must score a minimum of 70 points to qualify for this visa. For skilled workers, this means:
• Having a job offer from a licenced employer in the UK, including a certificate of sponsorship (more on this below)
• The role must meet the appropriate skill level (typically RQF3 or A-level)
• A salary of at least £38,700 per year (or the going rate for the role if this is lower)
• They must speak English to an acceptable level
• Candidate Must Be Healthy, Safe, and Self-Sustaining
• Candidates must pass a physical examination conducted by a physician inside the UK. They must also prove that they can support themselves financially throughout their stay.

Additionally, the UK government will heavily scrutinize your candidate’s criminal history. Any applicants with a criminal record or who have been convicted of an offense related to child abuse, terrorism, or human trafficking will not be granted a visa. However, certain offenses may be excused if they took place a long time ago and the applicant has since led a law-abiding life.

How to Hire Construction Workers with Visa Sponsorship in the UK

If you’re ready to begin recruiting overseas workers for your construction site, here’s everything you need to know to get started.

Obtain a Sponsorship Licence

To sponsor a worker from outside the UK (excluding Irish citizens), you’ll need to obtain a Sponsor Licence from the UK government.

The Sponsor Licence is an electronic record that confirms an employer’s offer of employment to a foreign worker. It’s used by the UK Visas and Immigration (UKVI) service to decide whether to grant a visa to the sponsored worker.

To obtain a Sponsor Licence, you must first register as a sponsor with the UKVI. To apply for sponsorship, you’ll need to provide evidence that you’re a legitimate UK business, such as your company registration number, Articles of Association, and/or a letter from your accountant. You’ll also need to pass a criminal record check.

Pay the Immigration Skills Charge for Your Candidate

The Immigration Skills Charge is a levy that UK employers need to pay for each non-UK worker they sponsor. The charge for the first year of employment is currently £1,000 per year (or £364 for small businesses and charities). It’s also worth noting that some workers are exempt from paying the Immigration Skills Charge—however, most construction jobs won’t be eligible for exemption.

Wait Patiently for Approval

After you’ve paid the ISC in full for a candidate, all you can do is wait for approval from the UKVI. The entire process—from registering as a sponsor to receiving confirmation of sponsorship—can take between three and eight weeks or more.

During this time, it’s important to keep in mind that the UKVI may ask for additional information or evidence at any point. They may also choose to conduct an unannounced visit to your business premises. If everything goes smoothly, you should receive confirmation of sponsorship for your candidate within a few weeks. At this point, they can begin applying for their visa if they haven’t already.

Sponsor Licence Priority Service for Construction Companies Offering Visa Sponsorship in UK

The option to speed up the processing time for a Sponsor Licence comes at a fee of an extra £500 on top of the application fee.

Normal applications can take up to 8 weeks to process. However, with the priority service, you can expect a decision within 10 working days.

How Can IAS Help Construction Companies Secure Visa Sponsorship and Work Permits?

Applying for a sponsor licence to hire construction workers can be a reasonably daunting procedure especially when it comes to subjecting your business to a genuineness test. There are a handful of documentation submissions to be done which may prove time-consuming as you progress.

If you require any assistance with your sponsor licence to hire construction workers, such as if you’re unsure or uncertain about the application method and what you need to do in order to be authorised, IAS can help.

We are a formidable team of professional and knowledgeable immigration lawyers who have years’ worth of experience working in UK immigration law. We have helped countless people overcome hurdles to come and settle in the UK, and we can help you to do the same, too.

Whether you need expert advice on how to prove your financial status or your health insurance meets the requirements, need to know the difference between the UK builder visa and a UK construction worker visa, or you need help determining how to prove suitability to apply after being away from the UK for some time, we can be of help. We can also provide assistance with assembling your supporting documents, or offer support if your UK licence application has been rejected, we can be there for you to help guide you through the process.

For more information about sponsor licence to hire construction workers, including what you need to do to be eligible for it, how to apply, and expert advice for your application, reach out to us today on 0333 305 9375 or contact us online.