Nov 20, 2023, Article contributed by Holly Simpson
The United Kingdom has a well-defined system for allowing foreign nationals to work within its borders through various work visas. These visas are designed to cater to different categories of workers, from skilled professionals to temporary workers and intra-company transfers. If you’re an employer looking to hire non-UK residents, understanding the UK’s work visa system is crucial. Here’s a brief introduction to work visas in the UK:
1. Points Based System
The UK operates on a points-based system for work visas. The categories include skilled workers, temporary workers, and other specific categories like exceptional talent.
2. Sponsorship Requirement
Employers in the UK must obtain a sponsorship license from the Home Office to hire workers from outside the UK. This license demonstrates the employer’s ability to comply with immigration regulations.
3. Skilled Worker Visa
This is one of the most common visas for skilled workers from non-UK countries. It requires a job offer from a UK employer with a valid sponsorship license.
4. Senior or Specialist Worker visa (Intra-Company Transfer)
Multinational companies with a presence in the UK can transfer employees from overseas branches using the Senior or Specialist Worker visa.
5. Temporary Workers
Temporary work visas cover various categories of temporary workers, including scale-up, creative and sporting workers, charity workers, religious workers, and government-authorised exchange workers.
6. Right to Work Checks
Employers are responsible for conducting right-to-work checks on all employees to ensure they have the legal right to work in the UK.
7. Professional Assistance
Given the complexity of immigration laws, employers are often advised to seek professional assistance to navigate the application process and ensure compliance with regulations. Centuro Global possesses extensive expertise in this area and stands ready to offer valuable assistance to both applicants and employers navigating the intricacies of the UK’s work visa system. With a wealth of knowledge in immigration laws and procedures, we are well-equipped to guide you through the complexities of obtaining and managing work visas, ensuring a smooth and compliant process for all parties involved.
Skilled Worker Visa
The UK Skilled Worker Visa is a key component of the country’s immigration system, designed for skilled workers from outside the UK. This visa allows individuals to come to the UK for employment opportunities and is often utilised by employers seeking to fill skilled positions with non-UK residents. Under the Skilled Worker route, anyone you want to hire from outside the UK will need to demonstrate that:
- Applicants must have a valid job offer from a UK employer that holds a valid sponsorship license.
- The applicant has a job offer from a Home Office licensed sponsor (you)
- The job offer is at the required skill level – RQF 3 or above (A Level and equivalent)
- The applicant must meet specific English language proficiency, evidenced through an English language test booked through ‘IELTS’ (IELTS | Welcome to IELTS) and must achieve a minimum score of level B2.
Furthermore, the offered position must align with the requisite minimum salary threshold, determined by either:
- The overarching salary benchmark of £26,200, or
- The occupation-specific salary criterion, commonly called the ‘going rate’ — additional details can be accessed here Skilled Worker visa: going rates for eligible occupation codes – GOV.UK (www.gov.uk).
Prospective applicants have the flexibility to offset specific qualifications against a reduced salary, thereby accumulating the necessary points. Even if the job offer falls below the minimum salary requirement but remains above £20,960, eligibility is still feasible under the following conditions:
- your job is in a shortage of occupation
- you’re under 26, studying or a recent graduate, or in professional training
- you have a science, technology, engineering or maths (STEM) PhD level qualification that’s relevant to your job (if you have a relevant PhD level qualification in any other subject, your salary must be at least £23,580)
- you have a postdoctoral position in science or higher education
Distinct salary regulations apply to individuals in specific health or education roles, as well as to ‘new entrants’ embarking on their professional journeys.
Sponsorship Requirement
Employers wishing to hire non-UK workers must have a sponsorship license. This involves demonstrating the ability to meet specific standards and obligations set by the Home Office.
Salary Threshold
There is a minimum salary threshold for Skilled Worker Visa applicants, which may vary depending on the job role and the specific occupation. In the majority of circumstances, the minimum salary is £26,200; however, there is an exception to this, as detailed above.
Healthcare Surcharge
Visa applicants are generally required to pay a healthcare surcharge as part of the application process, granting access to the National Health Service (NHS). Fees are detailed below.
Switching Categories
In some cases, individuals already in the UK on a different visa category may be able to switch to a Skilled Worker Visa.
Government Fees (per applicant)
If applying from outside the UK, the standard fee depends on whether the applicant will be in the UK for:
- 3 years or less – £719
- More than 3 years – £1420
If applying from inside the UK to extend, switch or update your visa, the standard fee depends on whether the applicant will be in the UK for:
- up to 3 years – £827 per person
- more than 3 years – £1,500 per person
If the job is on the shortage occupation list, the fees are reduced to the below – more information can be located here Skilled Worker visa: shortage occupations – GOV.UK (www.gov.uk)
The fee for each person applying is as follows:
- £551 if staying for up to 3 years
- £1,084 if staying for more than 3 years
The fees below are the same whether the applicant will be applying from inside or outside the UK.
- Immigration Health Surcharge – £624 per applicant per year
- Skills Surcharge – £364 – £1000 per year (depending on sponsor license)
- Certificate of sponsorship – £239
A minimum of £1,270 must be demonstrated in the applicant’s bank account to affirm their capacity to sustain themselves while in the UK. The funds should have been consistently available for a consecutive 28-day period, with the 28th day falling within 31 days of the visa application.
Timescales for a decision
- Standard decision time – 15 days (if applying from outside the UK)
- Standard decision time – up to 8 weeks (if applying from inside the UK)
- Priority service – 5 working days (£500 to be paid at the time of submission)
- Super Priority service – 2 working days (£1000 to be paid at the time of submission)
Senior or Specialist Worker visa (Intra-Company Transfer)
To be eligible for a Senior or Specialist Worker visa, the applicant must meet the following criteria:
- Be a current employee of an organisation approved by the Home Office as a sponsor.
- Possess a ‘certificate of sponsorship’ from you, as the employer, outlining details of the work they will undertake in the UK.
- Engage in a profession listed in the catalogue of eligible occupations. This can be found here Global Business Mobility: eligible occupations and codes – GOV.UK (www.gov.uk)
- Receive a minimum annual salary of at least £45,800.
Under the Senior or Specialist Worker visa, the stay in the UK is granted for the shorter duration of either:
- The period specified on your certificate of sponsorship plus an additional 14 days.
- 5 years.
There is flexibility to apply for visa extensions or for a new one as many times as needed, up to the maximum permissible cumulative stay.
For applicants already in the UK with an Intra-company visa or a Tier 2 (Intra-company Transfer) Long-term Staff visa, the option to extend your stay as a Senior or Specialist Worker is available.
The maximum allowable duration for a Senior and Specialist Worker visa is:
- 5 years within any 6-year period if your annual salary is below £73,900.
- 9 years within any 10-year period if your annual salary is £73,900 or more.
Government Fees (per applicant)
If applying from outside the UK, the standard fee depends on whether the applicant will be in the UK for:
- 3 years or less – £719
- More than 3 years – £1420
If applying from inside the UK to extend, switch or update your visa, the standard fee depends on whether the applicant will be in the UK for:
- up to 3 years – £827 per person
- more than 3 years – £1,500 per person
The fee is the same whether the applicant will be applying from inside or outside the UK.
- Immigration Health Surcharge – £624 per applicant per year
- Skills Surcharge – £364 – £1000 per year (depending on sponsor license)
- Certificate of sponsorship – £239
A minimum of £1,270 must be demonstrated in the applicant’s bank account to affirm their capacity to sustain themselves while in the UK. The funds should have been consistently available for a consecutive 28-day period, with the 28th day falling within 31 days of the visa application.
Timescales for a decision
- 3 weeks (if applying from outside the UK)
- 8 weeks (if applying from inside the UK)
Seasonal Worker visa
The applicant has the option to apply for a Seasonal Worker visa, enabling them to work in the UK in the following capacities:
- In horticulture, for a duration of up to 6 months, encompassing tasks such as fruit and vegetable picking or flower cultivation.
- In poultry from 2 October to 31 December within the same year. It’s important to note that applications for poultry Seasonal Worker visas must be submitted by 15 November each year.
For horticulture Seasonal Worker visas, applications are open year-round, providing flexibility for submission at any time.
The applicant is eligible to remain in the UK for the following durations:
- Up to 6 months for horticulture work.
- From 18 October to 31 December each year for poultry work.
Additionally, there is the flexibility to enter the UK as early as 14 days before the commencement date of the job, provided the visa held is valid.
The applicant will have the privilege to:
- Engage in the employment specified in your certificate of sponsorship.
- Pursue studies, although some courses may necessitate an Academic Technology Approval Scheme certificate. More information can be found here: Academic Technology Approval Scheme (ATAS) – GOV.UK (www.gov.uk)
However, the applicant is restricted from:
- Undertaking secondary employment or a role not outlined in your certificate of sponsorship.
- Accessing public funds.
- Bringing accompanying family members to the UK.
Government Fees (per applicant)
The application fee is £298.
Timescale for a decision
Up to 3 weeks
Scale Up Work Visa
A Scale Up Worker visa allows an applicant to come to the UK to perform an eligible job for a fast-growing business in the UK. You can see more information about the scale-up license requirements here.
In order to be eligible for the Scale-Up Worker Visa, the applicant must
- have a confirmed job offer to work for an approved scale-up business for at least 6 months
- have a ‘certificate of sponsorship’ from your employer with information about the role you’ve been offered in the UK
- have a job offer to do a job that’s on the list of eligible occupations. Scale-up: going rates for eligible occupations – GOV.UK (www.gov.uk)
- be paid a minimum salary in your job
The minimum salary requirements for the Scale-Up Worker Visa is the highest out of the following 2 options
- £34,600 per year
- the ‘going rate’ for the type of work you’ll be doing
Visa Validity
The visa is issued for a period of 2 years, which can then be extended for a further period of 3 years.
After a period of 5 years, the applicant may be eligible to apply for settlement in the UK, providing they meet the eligibility criteria.
During the first 6 months of the visa validity, the applicant cannot change the employer without prior permission from the home office to do so. However, after the 6 months have elapsed, the worker can either continue in their current employment, change employer or become self-employed without a need to update their visa.
Government Fees (per applicant)
- Application fee – £822
The fee is the same whether the applicant will be applying from inside or outside the UK.
- Immigration Health Surcharge – £624 per applicant per year
- Certificate of sponsorship – £25
A minimum of £1,270 must be demonstrated in the applicant’s bank account to affirm their capacity to sustain themselves while in the UK. The funds should have been consistently available for a consecutive 28-day period, with the 28th day falling within 31 days of the visa application.
Timescales for a decision
- 3 weeks (if applying from outside the UK)
- 8 weeks (if applying from inside the UK)
Conclusion
In conclusion, navigating the complexities of work visas in the UK can be challenging for employers. Understanding the requirements, processes, and responsibilities involved in hiring foreign workers is crucial for compliance and successful recruitment. If you’re feeling overwhelmed or uncertain about any aspect of UK work visas, don’t hesitate to reach out for expert guidance. Our team is here to help you understand and navigate the intricacies of the UK immigration system, ensuring your business remains compliant, and your foreign talent is successfully integrated. Contact us today to discuss your specific needs, and let us assist you in managing the work visa process effectively.
This immigration update serves as an informative resource and should not replace legal or specific scenario advice. Please be aware that immigration policies can change abruptly. For tailored assessments related to your case or company, we recommend consulting with Centuro Global.
