Employing migrant workers

More and more businesses now need to look outside of the UK and Ireland to find the talent that they require.

If you need to employ a migrant worker, you will first need to have a sponsorship licence from the UK Home Office. Obtaining such a licence involves making an application and the payment of a fee. The Home Office has published several volumes of policy guidance, in which the process for applying for a sponsor licence and the requirements to be met for the licence to be granted, are set out. Various supporting documents are required to be submitted along with an application for a sponsor licence.  

There are several routes available for overseas residents to work in the UK, for example:

• Skilled worker visa
• Global business mobility visa
• Health and care worker visa
• Temporary worker visa

Applicants for one of these types of visas require to be sponsored by a licensed employer (who is licensed to sponsor workers) for the visa category in question. The UK operates a points-based system for migrants coming to the UK to work. Applicants are required to score a certain number of points under the system to obtain permission to enter, or remain in the UK, and these points-based criteria differ for each visa type.

For a skilled worker visa application, eligible applicants need (amongst other requirements) to have a Certificate of Sponsorship from a licensed sponsor. Before assigning the Certificate of Sponsorship to a potential employee, licensed sponsors must first carry out a strict verification exercise, and there are usually considerable fees involved – both for assigning a Certificate of Sponsorship and the payment of an Immigration Skills Charge. These procedures are often complex and getting it wrong can prove very costly in terms of time and money.

Businesses who wish to employ overseas residents should therefore seek legal advice from a skilled immigration adviser who can advise and assist with all stages of the process.

Worthingtons can offer such a service to all business clients – please contact our dedicated business immigration team – Brian Moss or Trish Kaur.