Month: March 2021

The Sponsor Licence Application Process for Employers in the UK

Understanding the sponsor licence application process in the UK is essential knowledge for any entrepreneur, HR professional or director planning to hire foreign nationals. The recruitment and management of overseas staff is a complex issue that requires a strategic approach; once your organisation has obtained its sponsor licence you also need to maintain compliance with all Home Office requirements. It’s always advisable to consult with a qualified expert on all matters relating to immigration, whether for your organisation or as an individual. In this article we answer the key questions we are often asked by our clients who want their organisation to become a licenced sponsor.

What is a sponsor licence?

Under the UK Immigration Points Based System a sponsor licence permits UK-based employers to employ skilled foreign workers via the Skilled Worker route (and educational establishments to enrol overseas students under the Student Visa route). A sponsor licence therefore enables UK employers to source talent from outside the UK to fill skilled vacancies and potentially improve productivity within their organization.

Does my business need a sponsor licence?

Every UK employer must obtain a sponsor license from the Home Office to hire foreign nationals from anywhere in the world, excluding Irish nationals. From 1 January 2021 the UK Immigration Points Based System also requires that every new hire (foreign employee) from outside the UK must obtain a Certificate of Sponsorship from their licenced sponsor (UK employer) to support their visa application.

Can you apply for a sponsor licence yourself?

Technically, yes. Any organisation can apply online for a sponsor licence via the UK government website; you will need to pay the necessary fee which relates to your organisation’s size and submit the required supporting documentation. To ensure a smooth and efficient process however, it is recommended that you appoint an experienced UK immigration consultant to manage any sponsor licence application for your organisation.

Should we appoint an immigration consultant?

An immigration consultant can benefit your organisation and your team during the sponsor application process in several ways. Immigration matters are complex and time-consuming; giving the responsibility to a good Immigration Lawyer can make the overall process a lot less stressful and save you and your organization a lot of time, especially with regards to paperwork, understanding legislation and compliance. From the outset they should provide you with straightforward advice to help you identify the right kind of sponsor licence for your recruitment needs.

In addition to management of your sponsor licence application, a good immigration consultant will provide you with ongoing guidance to ensure your organisation remains compliant with all relevant licenced sponsor obligations, such as record keeping, annual audits and staff training. Most immigration law firms, such as The Yellow Halo, offer a complimentary initial consultation so that you can gain clarity on your organisation’s needs and identify any potential issues early on.

What are the benefits of being a licenced sponsor?

Once you have a sponsor licence your organisation can hire eligible skilled workers from anywhere in the world, including the EU, provided that the job you are recruiting for meets the minimum prescribed skill and salary thresholds. These requirements are:

• the minimum skill level is now set at RQF3 (A level and equivalent)
• the minimum salary threshold is the higher of £25,600 or the ‘going rate’ for that job – some employees may be paid less than £25,600, for example if their job is in a shortage occupation

All applicants are able to trade characteristics (e.g. higher qualifications versus a lower salary) to get the required 70 points to be eligible to apply to work in the UK. Being able to hire from anywhere in the world means your organisation can:

• recruit your ideal employee from a wider pool of candidates,
• expand into new markets with “local” expertise,
• fill technical skill, language or knowledge gaps,
• create a more diverse and inclusive workplace.

What are the key types of a sponsor licenses?

Under the UK’s Points Based Immigration there are several types of sponsor licence: the “Worker” licence enables an organisation to employ people on a long-term or permanent basis and includes the following:

• Skilled Worker – this is the general route formerly known as the Tier 2 sponsor licence, each job must pay the minimum salary threshold (or above) and only skilled workers who meet the set criteria to accumulate at least 70 points are eligible for employment.
• Intra-company transfer – multi-national firms trading in the UK can temporarily move employees to the UK from an overseas subsidiary to work in an RQF 6 (graduate level) role that meets the minimum salary threshold, providing the employee obtains an intra-company transfer visa from the Home Office.

The “Temporary Worker licence allows an organisation to employ people on a more temporary basis and includes those applying under the Creative and Sporting routes, Charity and Religious Workers, those applying under the Government Authorised Exchange or International Worker schemes and Seasonal Workers.

Some employment and/or business related routes do not require sponsorship and include the Innovator and Start-Up routes which replaced the previous Entrepreneur route, the Global Talent route for highly skilled foreign nationals who are considered leaders in the fields of academia or research, arts and culture or digital technology and have received an endorsement from a relevant governing body and the Investor route.

From Summer 2021, under the proposed Graduate route, foreign students who have completed a degree in the UK will be able to remain in the UK for two years and work at any skill level, without the need for sponsorship meaning UK organisations can hire them without a sponsor licence.

Your immigration consult will advise which route or sponsor licence is the most appropriate for your recruitment needs.

What are the eligibility requirements for a sponsor licence?

Your organisation must be registered and be trading lawfully in the UK and those responsible for the application process and administration of the license must have no unspent criminal convictions. For example, to prove your organisation is genuinely operating in the UK you may need to submit documents such as bank statements, VAT registration letters, evidence of employer’s liability insurance, evidence of premises etc.

The Home Office will inspect your organisation and must be satisfied that it is able to offer employment in accordance with the skilled job minimum salary and skill thresholds as described above.

How long does the sponsor application process take?

It takes around eight weeks from when the Home Office receives an application for it to be processed and a decision obtained. If you have plans to hire foreign nationals in the foreseeable future, we recommend that you consult with your immigration advisor and begin the application process right away.

How long will my sponsor licence be valid?

Once you have obtained your Sponsor Licence you can hire skilled workers globally for 4 years with the option for renewal at the end of this term.

Start your sponsor licence application with an immigration expert

The Yellow Halo recognise the need for straightforward and proactive immigration advice, particularly for the complex area of business immigration and hiring foreign nationals; we offer competitive fees with no compromise on expertise, ethics or quality of service. Please get in touch and book your free 30 minute consultation with our immigration experts to discuss your business immigration needs.

10 Tips for Employing Overseas Workers

Are you responsible for employing overseas workers within your organisation? Whether you are a HR professional, entrepreneur or senior leader this article has been created to help you prepare effectively to recruit and manage your foreign workforce. Many UK businesses choose to hire from abroad and knowing where or how to start this complicated HR process and ensure compliance with UK immigration law can feel like a daunting task.

Our immigration experts understand the complexity of hiring foreign workers for both the employer and the employee and we’re sharing 10 straightforward tips for employing overseas workers that you and your team can utilise today.

Key reasons to hire from abroad

There are numerous reasons why UK companies hire people from overseas. For example, it can help them to:

• find their ideal employee from a wider pool of candidates
• reach new customers in new markets with “local” expertise
• fill a technical skill, language or knowledge gap in their current team
• create a more diverse workplace.

Who regulates the employment of overseas staff?

Every UK business hiring staff from overseas and each foreign national working in the UK must comply with UK Immigration Law as set out by the UK government. Within this law is the UK Points Based System which was first introduced in 2008, principally to replace the old “Work Permit” scheme and applied to UK employers and their prospective overseas employees from outside the UK and EEA (European Economic Area). However, from 1 January 2021, every new hire from outside the UK, including EU and EEA nationals, needs to have permission to work in the UK through the Points Based System. The revised system treats EU and non-EU citizens equally.

UK employers must have a sponsor license to hire an overseas worker who, in turn, must have a Certificate of Sponsorship (from the prospective employer) to enable them to apply for a visa to work in the UK. Please consult your trusted UK immigration consultant for further guidance in either of these areas.

Hiring permanent vs temporary overseas staff

Whether your business is hiring a foreign national for a permanent or temporary role it must follow the UK’s Points-Based System and have a sponsor licence from the Home Office; the prospective employee must also have a visa to work in the UK. There are several routes to employ overseas staff:

• Skilled Worker route – skilled workers must meet the set criteria to accumulate at least 70 points and the job must pay the minimum salary threshold or above.
• Global Talent route – highly skilled foreign citizens who are leaders or potential leaders in the fields of academia or research, arts and culture or digital technology are able to enter the UK without a job or sponsorship if they achieve the required level of points including an endorsement from a relevant governing body.
• Graduate route – international students who have completed a degree in the UK from summer 2021 will be able to remain in the UK for two years and work at any skill level, without the need for sponsorship.
• Intra-company transfer – multi-national firms can temporarily move employees to the UK from an overseas subsidiary to work in an RQF 6 (graduate level) role that meet the minimum salary threshold. The employee must obtain an intra-company transfer visa from the Home Office.
• Other routes, such as the Start-Up and Innovator, Creative and Sporting routes and the Youth Mobility scheme are also available.

For expert guidance on applying for a sponsor license or identifying the correct immigration route for your prospective employees, please contact our experienced immigration consultants at The Yellow Halo. In addition to our immigration expertise, our clients benefit from competitive fee rates with no compromise on ethics or quality of service.

10 tips for employing overseas staff

Hiring and building your foreign workforce is a complex task but, when implemented and managed effectively, it can help deliver your overall commercial goals. Below, our immigration specialists share their top 10 tips for employing overseas staff in the UK:

1. Define your goals and outline your team requirements with internal stakeholders. Consider questions such as:
2. Why do we want or need to hire from overseas?
3. What job role will they do?
4. What essentials skills are required?
5. What’s our budget?
6. When do we need to hire them?
7. Appoint an ‘Overseas Hiring Representative’ within your business to take ownership of and be responsible for this key HR function in partnership with your internal and external stakeholders.
8. Conduct research online to find a good immigration consultant and ask peers for recommendations.  Googling ‘immigration lawyer’ may bring up lots of results (paid and unpaid), always look out for the OISC accreditation on their website and then verify their membership using the Find an Immigration Advisor tool on the UK government’s website. Make a shortlist of experienced immigration law firms.
9. Schedule a consultation with an immigration consultant to get expert advice tailored to your brief. This should ideally be with the immigration lawyer rather than a sales or customer service representative.  At The Yellow Halo, we empower UK businesses to employ professional overseas staff ethically and legally with proactive immigration advice. Please contact our immigration experts to schedule a complimentary immigration audit to discuss your business immigration and HR needs.
10. Apply for a sponsor licence with the Home Office so that you can hire eligible skilled workers from the EU and anywhere else in the world, provided that the job you are advertising meets the minimum skill and salary thresholds in the UK Points-Based System.
11. Once you have a sponsor licence the recruitment process for employing overseas workers can begin.
12. Conduct interviews remotely using Zoom or Microsoft Teams, and invite the most suitable candidates to the UK for final stage “chemistry” meetings.
13. Make a job offer and verify your prospective employees’ eligibility to work in the UK; we recommend consulting with your immigration advisor to ensure compliance. Once verified, your business can issue a Certificate of Sponsorship (CoS) and assist your new employee with their relocation needs.
14. Train your team to manage your foreign employees effectively and confidently; your immigration consultant can provide guidance and advice in this area.
15. Proactively prepare for annual compliance audits from the Home Office by setting up processes and policies that safeguard your legal position; a good immigration advisor will support your business with all aspects of sponsor compliance with UK immigration law.

Book a complimentary business immigration audit

If you have plans for employing overseas workers, get prepared and start a conversation with an immigration specialist now. At The Yellow Halo, we can manage the entire Sponsor License application process, from selecting your most appropriate route to providing expert guidance on future audits and compliance. To discuss your unique business immigration and HR needs in more detail, please get in touch to schedule a complimentary immigration audit with our expert team.