Sponsoring a foreign employee can be a rewarding process for UK employers looking to attract global talent. To hire someone from outside the UK, you need to follow specific immigration rules and obtain a sponsor licence. Understanding the steps involved in this process is vital to ensure compliance and successfully growing your workforce.
As an employer, you play a crucial role in helping foreign workers secure their visas. This involves assigning a certificate of sponsorship that allows them to apply for a Skilled Worker visa. Familiarising yourself with the requirements and responsibilities of being a sponsor will prepare you for the journey ahead.
In this guide, you will learn about obtaining a sponsor licence, the responsibilities it entails, and the key immigration routes available for foreign employees. By understanding what it takes to sponsor a worker, you can better navigate the UK’s immigration landscape and unlock opportunities for both your business and potential new hires.
Understanding UK Visa and Immigration Requirements
When sponsoring a foreign employee, it’s essential to grasp the UK visa and immigration landscape. This includes understanding the types of visas available, the eligibility criteria for foreign workers, and specific programmes like the EU Settlement Scheme.
Types of Visas for Skilled and Temporary Workers
There are several visa options for employing foreign workers in the UK. The most common are the Skilled Worker Visa and the Temporary Worker Visa.
Skilled Worker Visa: This visa allows you to hire individuals for specific roles that meet skill and salary requirements. The worker must have a job offer from a licensed sponsor and meet English language standards.
Temporary Worker Visa: This category includes various sub-types, such as the Youth Mobility Scheme and the Creative Worker Visa. These visas are suitable for short-term employment.
It is crucial to ensure you hold a valid sponsor licence that corresponds with the visa types you wish to offer.
Eligibility Criteria for Foreign Workers
To qualify for a visa, foreign workers must meet specific eligibility criteria. Key requirements include:
Job Offer: The worker must have a job offer from your organisation.
Skill Level: Positions must typically require skills at RQF Level 3 or above.
Salary Threshold: The applicant usually needs to meet a minimum salary threshold, which varies based on the role.
In addition to these, workers may need to provide proof of English proficiency and undergo a criminal background check. Meeting these criteria is essential for a successful sponsorship.
The EU Settlement Scheme and Settled Status
The EU Settlement Scheme allows EU, EEA, and Swiss citizens to apply for settled or pre-settled status in the UK. It is vital for employers to understand this scheme when hiring these individuals.
Settled Status: Granted to those living in the UK for five continuous years before the scheme's deadline. This status allows them to live and work in the UK without restrictions.
Pre-Settled Status: Given to individuals who have not yet reached five years of residence. This status offers similar rights but requires renewal.
Understanding the Settlement Scheme is important in planning for potential hires from the EU. It helps ensure compliance with immigration rules while supporting your workforce needs.
Obtaining a Sponsor Licence
To hire foreign employees, you need to obtain a Sponsor Licence. This process is essential for ensuring your business can legally employ non-UK residents. It involves an online application and understanding the different types of licences available.
Applying for the Licence Online
You must apply for your Sponsor Licence through the official government website. Begin the application by providing information about your company, including your business details and structure.
You will also need to show that your organisation can manage sponsorship duties. This includes having the right HR systems in place to track and monitor sponsored employees. After submitting your application, expect a processing time of about eight weeks.
Fees vary depending on your organisation's size and type of licence. For most employers, the fee is £536 or £1,476. Be prepared to provide supporting documents to verify your information.
Types of Licences: Charity, Temporary, and Skilled Worker
There are several types of Sponsor Licences you might need, based on your hiring needs.
Skilled Worker Licence: This allows you to hire skilled employees from abroad for roles that meet specific criteria.
Temporary Worker Licence: This is for hiring individuals for short-term roles in specific sectors, like creative arts and charity work.
Charity Worker Licence: If you run a charity, this licence permits you to bring in foreign volunteers or workers.
Each licence has its own set of requirements and costs. Choosing the right one based on your needs is crucial for a successful application.
Compliance and Maintenance of HR Systems
Once you have your Sponsor Licence, maintaining compliance is key. You must have robust HR systems in place. These systems should track Certificate of Sponsorship (CoS) usage and monitor the sponsored employees' compliance with visa conditions.
Regular audits of your systems will help avoid issues during inspections. You also need to report certain changes to the Home Office, such as when an employee leaves. This ensures that you remain compliant with UK immigration rules and helps maintain your licence status.
Adhering to these requirements will support your efforts in sponsoring foreign employees effectively.
Issuing Certificates of Sponsorship
Issuing a Certificate of Sponsorship (CoS) is a critical step for UK employers wishing to sponsor foreign employees. This involves using the Sponsorship Management System (SMS) and understanding your responsibilities as a sponsor.
Using the Sponsorship Management System
To issue a Certificate of Sponsorship, you must use the Sponsorship Management System. This online tool allows you to create and manage CoS for foreign workers.
Here’s how to navigate it:
Log In: Access your account on the SMS using your sponsorship licence details.
Input Information: Enter the worker’s personal details, including:
Name
Date of Birth
Job Title
Salary and employment details
Assign the CoS: Once you fill in all necessary information, you generate the CoS. It contains a unique reference number which the employee will use for their visa application.
Each CoS is time-sensitive, so ensure to issue it promptly to avoid delays in the hiring process.
Meeting the Responsibilities as a Sponsor
As a sponsor, you have specific responsibilities that you must fulfil. You need to ensure that the role you are sponsoring matches the skills and salary requirements set by UK immigration rules.
Key obligations include:
Record Keeping: Maintain accurate records of the sponsored worker's details and their work circumstances.
Monitoring: Observe the employee’s attendance and job performance. If there are issues, you must report them to the Home Office.
Criminal Convictions: Conduct background checks to ensure sponsored workers do not have serious criminal convictions, as this may affect their eligibility.
Failing to meet these responsibilities can lead to losing your sponsorship licence, impacting your ability to employ foreign workers in the future.
The Application Process for Sponsored Workers
Sponsoring a foreign employee in the UK involves essential steps. You need to prepare specific documents, understand fees, and carry out necessary checks to comply with regulations.
Required Supporting Documents
When you apply to sponsor a foreign worker, you must gather key documents. These include:
Certificate of Sponsorship (CoS): This confirms the job offer and contains details like the worker's role and salary.
Evidence of your business: Provide proof that your business is operational and meets relevant regulations.
Proof of the job’s details: This should include a full job description, salary, and a confirmation that the job meets the skill level required.
You must also prepare to show that the role cannot easily be filled by a local candidate. This is important to demonstrate your need for a sponsored worker.
Understanding the Immigration Skills Charge
The Immigration Skills Charge is a fee you must pay when sponsoring certain workers. This charge varies depending on whether you are sponsoring a:
Shortage occupation: Lower fees apply.
Non-shortage occupation: Higher fees are charged.
The fees are £1,000 per year for each worker, or £364 for shortage occupations. This payment applies for the duration of the worker's visa. You must pay the charge before the visa application can be processed.
Rights to Work Checks and Avoiding Penalties
You must conduct a right to work check before the worker starts. This protects you from penalties for employing someone without the necessary permissions.
To do this, check their original documents, which may include:
Passport: To verify their nationality.
Biometric Residence Card: To confirm their immigration status.
Make sure you keep records of the checks. If you do not carry out these checks, you risk facing fines or being barred from sponsoring in the future.
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