Author: Vicky Drew

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.

How To Hire From The EU

The way that UK employers hire from the EU has changed and new requirements were introduced to the UK Immigration Points-Based System on 1 January 2021. All Freedom of Movement rights, which enabled EU citizens to live and work in the UK without restrictions or the need for a visa, ended with the Brexit transition period on 31 December 2020.  Moving forwards, any EU citizen wishing to work in the UK will need a visa and UK employers will need a sponsor licence when hiring from the EU, or anywhere outside the UK.

In this article our immigration experts explain how UK employers can become a licensed sponsor and hire eligible employees from the EU.

The Points Based System

Under the UK Immigration Points Based System from 1 January 2021 every new hire from outside the UK needs to have a visa and every UK employer must obtain a sponsor license to hire foreign workers, including EU citizens. In addition, UK employers must meet minimum skill and salary thresholds for every job they recruit for whether they are hiring from the EU or rest of the world.

Which kind of business can hire from the EU?

Providing your business is actively trading and you have no unspent criminal convictions in the UK then it/you will be eligible to apply for a sponsor licence to hire workers from outside the UK, including the EU.

How to become a licensed sponsor

If your business is planning to hire from the EU or overseas in the foreseeable future we recommend you start the application process for a sponsor license now. To apply, you will need to:

• Check that your business is eligible i.e. no unspent criminal convictions
• Choose the type of skilled worker licence you wish to apply for
• Put appropriate systems in place to act as a sponsor i.e. appoint a person who will manage sponsorship within your business

You can apply for your sponsor license online at which point you will pay a fee relating to the size of your company and then submit the prescribed supporting documentation. However, the recruitment and management of overseas staff is a complex issue often requiring expert guidance to ensure employees become a valuable long-term business asset and your business remains compliant with UK immigration law.

At The Yellow Halo, we assist UK businesses to employ professional overseas staff ethically and legally with proactive immigration advice and can guide you through the entire sponsor licence application process. Please contact our immigration experts to discuss your business immigration and HR needs.

How long does the application process take?

It usually takes eight weeks from when the Home Office receive an application for it to be processed and a decision obtained; it is therefore recommended to apply as soon as possible if you are seeking to employ an overseas national. Once you have obtained your Sponsor Licence you can hire skilled workers globally for 4 years.

Who can you hire from the EU?

To hire from the EU the prospective employee must meet set criteria within the UK’s Points Based System. EU citizens living and working in the UK fall into two categories:

• Those who arrived before 31December 2020 and have been granted Settled or Pre-Settled status under the EU Settlement Scheme (link to new blog)
• Those who arrived after 1January 2021 with a valid skilled worker visa under the UK’s points-based immigration system

Once you have a Sponsor Licence you can hire eligible skilled workers from the EU and anywhere in the world providing that the job you are recruiting for meets the minimum prescribed skill and salary thresholds. These requirements are:

• the minimum skill level will be set at RQF3 (A level and equivalent)
• the minimum salary threshold will be 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 will be able to trade characteristics (E.g. higher qualifications versus a lower salary) to get the required 70 points to be eligible to work in the UK. A good immigration lawyer can provide guidance on recruiting eligible employees from the EU and rest of the world.

The Skilled Worker route

The general route for foreign nationals (including EU citizens) to be able to work in the UK is via the Skilled Worker category. Under the UK’s Points Based System people coming to work in the UK from anywhere in the world, excluding Irish Citizens, need to demonstrate that:

• they have a job offer (evidenced by a CoS – Certificate of Sponsorship) from a Home Office licensed sponsor
• the job offer is at the required skill level – RQF 3 or above (A Level and equivalent)
• the job offer is at the required minimum salary threshold of £25,600 or the “going rate” for that job
• they speak the required level of English for the job
• they have accumulated at least 70 points from the Points Based System criteria.

Checking the Right to Work of EU citizens  

Before 30 June 2021 there will be no changes in the way UK employers conduct Right to Work checks for EU, EEA, or Swiss employees who arrived in the UK before 31December 2020. Until this deadline employers should check a valid passport or identity card from the prospective employee’s native country.

From 30 June 2021 UK employers will need to see proof of Pre-Settled or Settled Status which will have been granted to EU, EEA and Swiss citizens who resided in the UK pre 31^st December 2020 and successfully applied to the EU Settlement Scheme. Prospective employees with either Pre-Settled or Settled Status have the right to work in the UK, however, employers cannot ask for proof of their ‘status’ until after 30 June 2021 when their rights come into effect. Please encourage your existing employees from the EU, EEA and Switzerland to apply to the EU Settlement scheme as soon as possible before the 30 June 2021.

Employees who arrived from the EU and rest of the world to work in the UK after 1 January 2021 must have a Skilled Worker visa under the UK’s Points Based System.  Skilled Worker visas are only issued to those with a job offer from an employer with a sponsor license. To conduct a Right to Work check on these employees you will need their ‘check code’ for the UK government’s online system which will prove their visa status.

Irish citizens are exempt from the above and have the right to live and work in the UK without a visa.

Book a complimentary business immigration audit

If you have plans to hire from the EU, get prepared and start a conversation with an immigration specialist now. At The Yellow Halo, we can manage your entire Sponsor License application, from selecting your most appropriate category to providing expert guidance on future audits and compliance. We can also assist your prospective employees with their immigration application, whether in the UK or overseas. To discuss your specific business immigration and HR needs in more detail, please get in touch to schedule a complimentary immigration audit with our expert team.

How To Apply For The EU Settlement Scheme

The UK left the EU on 31 January 2020 and the Brexit transition period ended on 31 December 2020; from this date EU citizens and all foreign nationals must follow a new set of immigration rules in order to work, study or reside in the UK. However, with over 3.5million EU Nationals already living in the UK, the Home Office created the EU Settlement Scheme to enable all eligible EU citizens to continue to stay in the UK. In this article our immigration experts explain the key considerations for EU citizens to help you check your eligibility and proactively apply for the EU settlement scheme.

What is the EU settlement scheme?

The EU settlement scheme is designed to offer EU, EEA and Swiss citizens living in the UK before the end of the Brexit transition period (11 pm on 31 December 2020), and their eligible family members, the opportunity to safeguard their residence and remain in the UK after the transition period has ended. Eligible applicants can either apply for “settled status” or “pre-settled status” and the deadline for all EU settlement scheme applications is 30 June 2021 – but it is recommended to apply as early as possible.

If your application to join the EU settlement scheme is successful, you’ll be able to continue living and working in the UK after 30 June 2021 and will be granted either:

• Settled status
• Pre-settled status

Settled status

Most EU citizens who have lived in the UK for more than 5 years can apply for “settled status” and they will need to prove how long they have lived in the UK. To gain settled status, you only need evidence for 6 months out of every 12 months for 5 years in a row and it doesn’t have to be the last 5 years. You can provide evidence for a different 5-year period provided that you haven’t lived outside the UK for 5 years in a row since then.  

Once you have “settled status” you can work, study or reside in the UK, access the NHS and (if eligible) benefits and pensions. You will also be eligible to apply for British Citizenship.

Pre-settled status

If you’ve lived in the UK for less than 5 years you can apply for “pre-settled” status. On your application to the EU settlement scheme, you will need to show you’ve lived in the UK for at least 1 day that was both:

• on or before 11pm on 31 December 2020
• in the last 6 months before your application date

How to prove how long you’ve lived in the UK

The easiest way to prove how long you have lived in the UK is through your National Insurance number. If this doesn’t provide sufficient evidence of your residence you will need to provide additional documents (such as a mortgage statement, tenancy agreement, council tax bill etc.) with your name and date on to cover these. When proving that you’ve lived in the UK for over 5 years it is best to provide documents that cover long periods of time.

To prove you are eligible for “pre-settled status” you will need to provide documents with your name and address on such as monthly bank statements, mobile phone bill etc. Or, if you only recently moved to the UK you will need to provide a used airline, train, or ferry ticket to show when you entered the UK.

For further advice on gathering evidence for your EU settlement scheme application please consult an immigration advisor.

Who is eligible for the EU Settlement scheme?

Under the new UK immigration rules any EU, EEA or Swiss citizen living in the UK on or before 31 December 2020 must apply to the EU settlement scheme to continue their residence in the UK. They and their families have until 30 June 2021 to make an application, in the meantime your rights and status in the UK will remain the same.

To be eligible each applicant to the EU settlement scheme must prove they:

• Resided in the UK before 11pm on 31 December 2020 (the end of the Brexit transition period)
• Don’t have a serious criminal record

Irish citizens and certain other individuals, including those with Indefinite Leave to Remain or a claim to British citizenship (either automatically or by registration), are not required to apply.

Who isn’t eligible for the EU Settlement scheme?

If you arrived in the UK on or after 1 January 2021 you cannot apply to the EU settlement scheme and must follow a revised set of UK immigration rules in order to be granted a visa to work or study in the UK.

How to apply for the EU Settlement Scheme

1. Check eligibility for you and your family – and double check that you need to apply!
2. Get prepared: write a list and gather all the documents you will need to provide as evidence. You will need to scan or photograph each document then save them all in a folder on your laptop or smartphone.
3. Seek professional advice: we recommend discussing every immigration matter with an immigration consultant to ensure your application goes as smoothly as possible, most good immigration lawyers offer a free consultation and will be happy to offer EU settlement scheme guidance.
4. Submit your application ASAP or before 20 June 2021. You can apply for the EU settlement scheme online for free or with the support of an immigration consultant; you will need to supply valid identity documents (i.e. passport), a recent photograph and evidence to prove your residence in the UK.
5. After you’ve applied you will receive an email containing a letter advising you of your “settled” or “pre-settled status”

Book a free 30-minute consultation with an immigration expert

If you are an EU citizen already living or working in the UK, be proactive and start a conversation with an immigration specialist as soon as possible. The Yellow Halo recognise the need for straightforward immigration advice, particularly with the fundamental changes caused by Brexit, and 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 individual immigration needs.

How To Find A Good Immigration Lawyer

UK Immigration Law is complex and whether you want to obtain a visa to visit, work, study, join or remain with family in the UK, or a sponsor licence to enable your UK business to employ overseas staff, we recommend you find a good Immigration Lawyer to expertly guide you through each process ethically and legally. With such high stakes either personally or commercially, the decision to appoint an immigration advisor should be carefully considered and not made in haste.

From specialist independent Immigration Law Firms to huge full-service Solicitor Firms, there are plenty of options to choose from when trying to find a good Immigration Lawyer. In this article, we’re sharing guidance and tips to help you choose the best UK Immigration Lawyer for your individual or business immigration needs.

What does an Immigration Lawyer do?

Immigration Lawyers interpret immigration law to analyse your own rights or those of an employer, to identify possibilities and devise strategies that help realise your immigration goals, and expertly guide you through every step of the complicated immigration process. Immigration Lawyers may also be referred to as Immigrations Solicitors, Immigration Advisors, or Immigration Consultants.

Good Immigration Lawyers provide proactive advice tailored to your unique circumstances and create a solution to meet your immigration needs. Given their experience in UK immigration Law they know what to expect from the Home Office and what’s required from individuals and employers; this means they know how to minimise or avoid inevitable delays and most importantly, they guide you strategically through every step in the process with ethical and legal advice.  In addition, they can save you hours establishing what information and supporting documentation you need giving you peace of mind that no unnecessary mistakes are made.

Why seek professional immigration advice?

Immigration matters, whether personal or for a business, are notoriously demanding and time-consuming; giving the responsibility to a good Immigration Lawyer can make the overall immigration process a lot less stressful and save you a lot of time. You may already feel that you don’t need an Immigration Lawyer, however, it’s always worth seeking professional advice via a one-off consultation to identify the best way forward and flag-up any possible issues.

Specialist Immigration Law Firms vs Full Service Law Firms

Good immigration advice is typically found in two types of law firms:

1. Immigration Law Firms
2. Solicitors

Immigration Law Firms are usually regulated by the OISC (Office of the Immigration Services Commissioner) and must be registered with them in the UK. Look out for the OISC accreditation on their website and their marketing collateral, and then verify their member using the Find An Immigration Advisor tool on the UK government’s website. Immigration Lawyers at these kinds of firms specialise in UK immigration law and are licensed to support your business, employees, prospective employees, students and family with any kind of immigration need.

Solicitor firms tend to be regulated by the Solicitors Regulation Authority or the Law Society and consist primarily of Solicitors, only a few of which will be immigration specialists or have a good knowledge of UK immigration law.

8 tips to find a good Immigration Lawyer

A good immigration advisor can make all the difference to your case and help it progress as smooth as possible. To help you avoid costly and time consuming our immigration experts have compiled a list of their top tips to ensure you choose a good immigration lawyer:

1. Define your brief – Write down in a few sentences what kind of immigration support you need, what you’d like to achieve and by when. If you’re seeking business immigration advice your brief may need to be more detailed. Now is a good time to organise all your documents too.
2. Do your research – Use Google to find immigration advisors local to you or those who specialise in a specific service you are looking for, take your time going through their websites and making a shortlist of the ones you instinctively like. The Government website lists all legitimate UK immigration firms, and it has a handy online search tool which we recommend you use to validate your shortlist of firms.
3. Ask for referrals from your network – friends, family and colleagues are a great source of information and can speed up your search for a reputable Immigration Lawyer.
4. Read recent reviews – Savvy and successful firms will share recent client testimonials on their website and Google my Business profile; reading these can give you a good idea of their style of service, both good and bad.
5. Check their accreditations – Ensure that your Immigration Lawyer is registered with the OISC; they may display the logo on their website but always double check their membership. Solicitors who are not a member of the OISC can also practice UK Immigration Law if they are part of an approved regulating body such as The Law Society or SRA.
6. Have a consultation – This should ideally be with the person who will deal with your immigration case rather than a sales or customer service representative. It’s likely you’ll be working closely with your Immigration Lawyer for a few weeks, months or even years! Meeting in person isn’t essential, a phone call or video chat is just as effective and less time consuming for you.  A few useful questions are:
   • Is there style of service is one that you like?
   • Do you feel comfortable with them?
   • Will they work “with you” and “for you”?
   • Are personable/approachable/knowledgeable/professional?
   • Have they handled a case like yours before?
7. Clarify their fee structure – Agreeing a fixed fee or ongoing fee before you instruct is wise; if that’s not feasible, ensure you are clear about any additional charges or hidden fees. The firms you speak with may have different fee structures so ensure you understand each one.
8. Compare a few firms – Always speak with at least three firms to get a feel for how they work and if they could potentially support you. Finally, list your thoughts about each firm you’ve spoken to identify the one which is the best fit for your immigration needs.

Unhelpful ways to choose an Immigration Lawyer

A bad immigration lawyer can overcharge you, fail to provide the promised services, and/or damage your case in a way you might never recover from. To avoid this kind of pitfall, we recommend you do not choose your immigration advisor solely because:

• Their office is located closest to you: convenient but it doesn’t demonstrate expertise.
• They claim amazing success rates: this does not demonstrate expertise, perhaps they only take on straightforward cases?
• They boast decades of combined years of experience: this should only be considered as an individual merit.
• They showed up first in Google search results: this means they understand SEO not Immigration Law.
• They have the most competitive fees
• They speak your language: its most important that they are fluent in English for UK immigration matters.

Book a consultation to discuss your individual immigration needs

Depending on your situation you may need a visa to enter/remain in the UK to live, work, study or even visit. Our immigration experts can help you navigate the complex landscape of UK visas and guide you towards the best options for you, your partner, your family or your business. We specialise in straightforward individual immigration advice and can offer competitive rates with no compromise on expertise, ethics or quality of service. Please get in touch to discuss your individual needs and book your free 30 minute consultation with our immigration experts.

Book an audit to discuss your business immigration needs

Whether you’re an entrepreneur, business leader, HR professional or educational establishment, the recruitment and management of your overseas staff is a complex issue requiring expert guidance. We empower UK businesses with proactive immigration advice: from sponsor license applications to long-term strategic immigration compliance and training, we’ll tailor our comprehensive range of business immigration services to your exact needs. Our business immigration experts will assess your current situation and future goals to recommend a no-obligation solution that meets your immigration needs. Please do get in touch and schedule a complimentary immigration audit with our expert team.

UK Immigration Rules For Workers, Students & Individuals

From 1 December 2020, foreign nationals who want to work or study in the UK, now need to follow a revised set of immigration rules in order to be granted a visa by the Home Office. The UK immigration rules experienced some significant changes from this date, the most fundamental being the proposed extension of the revised Points Based Immigration System to EU nationals from 1 January 2021 which will essentially result in EU and non-EU citizens who want to live, work and study in the UK being treated equally.

If you want to live, work or study in the UK from January 2021 it’s time to learn about the new immigration opportunities available to you. In this article our immigration experts explain the key considerations for individual migrants to help you proactively plan your next chapter in the UK.

The main UK immigration rules after Brexit for workers

Once the Brexit transition period ends on 31December 2020, EU nationals will join non-EU nationals in requiring permission to come and work in the UK through the revised Points Based Immigration System which was introduced on 1 December. This means that a UK employer will require a Sponsor License to hire any foreign worker who will, in turn, require a Certificate of Sponsorship (from the prospective employer) to enable them to apply for a visa to work in the UK.

The revised Points-Based Immigration system introduced a new matrix of qualification, salary and language criteria that have changed the type of job you can apply for in the UK. There are a number of different immigration routes for non-UK citizens wanting to work in the UK after Brexit and each requires a different kind of visa. The main routes are:

• Skilled Worker route (previously Tier 2 General)
• Intra-company Transfers
• Graduate Visa route (expected mid 2021 for those graduating in the UK)

An experienced immigration consultant can advise which route is right for you.

Immigration route for Skilled Workers

The revised Point Based Immigration System re-modelled the generic route for those seeking to work in the UK and re-named it the Skilled Worker route. This route requires individuals to meet a set of mandatory criteria to make up 50 of the required 70 qualifying points including having a job offer for an eligible role, being paid the “going rate” for the job and meeting the relevant English language requirement; they will then need to make up the remaining 20 points through a combination of their qualifications, experience and salary which are being referred to as “tradeable” attributes.

If an individual meets the relevant criteria and points threshold, they will obtain a Skilled Worker visa which can be extended and will eventually lead to settlement or permanent residency. It will also be possible to “switch” into this category in-country from a wider set of immigration categories.

The criteria for a Skilled Worker visa

From 1 January 2021 people coming to work in the UK from anywhere in the world, excluding Irish Citizens, need to comply with UK immigration rules and demonstrate that:

• they have a job offer (ie a Certificate of Sponsorship or COS) from a Home Office licensed sponsor
• the job offer is at the required skill level – RQF 3 or above (A Level and equivalent)
• the salary for the job meets the required minimum threshold of £25,600 or the “going rate” for that job
• they speak the required level of English
• they can accumulate at least 70 points for their attributes

In addition to meeting the mandatory criteria, there are some attributes that applicants can “trade” to ensure they obtain the required 70 points and become eligible to work in the UK. For example, the salary could be lower than the minimum threshold (but no less than £20,480) if the prospective employee has a PhD relevant to the job.

There are some allowances made within the Skilled Worker route for lower-skilled jobs through the shortage occupation scheme if the individual can accumulate 70 points, and the Youth Mobility Scheme which allows young people from a shortlist of countries to work and travel in the UK without a sponsor. Please consult your immigration consultant who can offer guidance based on your individual circumstances and the new UK immigration rules after Brexit.

Applicants will have to wait about three weeks to find out whether their application has been successful. This timeline may be subject to delays during early 2021 as the revised Points Based Immigration System comes into play for EU nationals so we recommend you get started on your application with your immigration consultant as soon as possible.

Immigration route for Low Skilled Workers

Under the revised UK immigration rules after Brexit there is still no immigration route or visa category for Low Skilled Workers such as receptionists, retail assistants, waiters, hairdressers etc. The only people allowed to do low skilled jobs in the UK will be:

• British citizens
• Irish citizens
• and other people who have permission to work in the UK through another route – for instance, EU citizens who are already living in the UK and have been granted pre-settled or settled status under the EU Settlement Scheme.

Immigration route for Students

The UK’s existing Tier 4 (General) student was replaced by, or renamed as, the Student Visa as part of the revised Points Based Immigration System for International Students which took effect from 5 October and will apply to EU nationals from 1 January 2021.

If you are a foreign national and plan to study in the UK from 1 January 2021, you can apply for a Student Visa if you’re 16 or over and you:

• have been offered a place on a course by a licensed educational sponsor
• have enough money to support yourself and pay for your course (this amount varies depending on your circumstance)
• can speak, read, write and understand English
• have consent from your parents if you’re 16 or 17
• pay the required visa fees

If you are eligible for the EU Settlement Scheme (i.e. you or your family member started living in the UK before 1 January 2021) or you are an Irish Citizen you do not need a visa to study in the UK.

There are a number of conditions attached to a Student Visa, for example, you cannot be self-employed or claim benefits from public funds.  We recommend that you consult with an immigration consultant to receive guidance tailored to your individual circumstances and ensure your application goes smoothly.

EU citizens already working in the UK

Under the new UK immigration rules any EU citizens working in the UK by 31st December 2020 can continue their employment with no extra paperwork. They and their families must apply under the EU Citizen Settlement Scheme (EUSS) and have until 30 June 2021 to make an application. Irish citizens and certain other individuals, including those with Indefinite Leave to Remain or a claim to British citizenship (either automatically or by registration), are not required to apply under the EUSS. To be eligible each applicant must prove they:

• Resided in the UK before the end of the transition period 31^st December 2020
• Don’t have a serious criminal record

You can apply for the EU settlement scheme online or with the support of an immigration consultant; you will need to supply valid identity documents (i.e. passport) and a recent photograph.

Pre-Settled Status vs Settled Status

Most EU citizens who have lived in the UK for more than 5 years can apply for “settled status” and eventually apply for British Citizenship. If you’ve lived in the UK for less than 5 years you will be granted “pre-settled” status and need to complete the 5-year continuous residence period to obtain “settled status”. Once you have “settled status” you can work in the UK, study in the UK, access the NHS and (if eligible) access benefits and pensions.

When do the new UK immigration rules apply?

Free movement for EU nationals will end at 11pm on 31 December 2020 and the revised Points-Based Immigration system, introduced on 1 December (5 October for International Students) will take effect from 1 January 2021; from this date all foreign national (excluding Irish citizens) must follow the new immigration rules to work or study in the UK.

Book a free 30-minute consultation with an immigration expert

If you are a foreign national and have plans to work or study in the UK in 2021, get prepared and start a conversation with an immigration specialist now. At The Yellow Halo, we recognise the need for straightforward immigration advice, particularly with the fundamental changes being caused by Covid-19 and Brexit, and we offer competitive fees with no compromise on expertise, ethics or quality of service. Please get in touch to discuss your individual immigration circumstances and requirements and book your free 30 minute consultation with our immigration experts.

The New UK Points Based Immigration System – An Introduction For Employers

The UK government have created a new Points Based Immigration System and it comes into effect on January 1^st, 2021; whether your business currently employs overseas staff, or has aspirations to do so, it’s time to be proactive and familiarise yourself with this new system. As predicted, Brexit is going to impact on how UK business hire workers from the EU and they must safeguard their legal position through accurate training, audit, and compliance.

In this article our business immigration experts highlight the key considerations within the new immigration system for UK employers and their employees.

What’s different about the new Points Based Immigration System?

The UK Points Based System was 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 EEA nationals, needs to have permission to work in the UK through the Points Based Immigration System. The new system will effectively treat EU and non-EU citizens equally.

In short, this means that a UK employer will require a Sponsor License to hire any overseas worker and the prospective foreign employee will require a Certificate of Sponsorship (from the prospective employer) to enable them to apply for a visa to work in the UK. In addition, for employers, the new points-based immigration system will introduce revised job, salary and language requirements that will change the way you hire from the EU.

When does the new system start?

Free movement for EU nationals will end at 11pm on 31 December 2020 and the new Points-Based Immigration System takes effect from 1 January 2021; from this date employers need to have a Sponsor Licence to hire most workers from outside the UK. This does not apply to Irish citizens.

Changes for existing Tier 2 Sponsors

The Tier 2 (General) Sponsor Licence route will be replaced by the Skilled Worker route, however, if you are an existing Tier 2 Sponsor you will automatically be granted a Skilled Worker Licence. The Skilled Worker route opens up new possibilities for employers as some previously excluded roles are now available for sponsorship. For example, the required skills level has been lowered from degree level (RQF 6) to A-level equivalent (RQF 3).

The Tier 2 Intra-Company Transfer route will remain in place with some adjustments and existing holders will also keep that licence.

The Skilled Worker route

Under the new Points-Based Immigration System the general route to come and work in the UK is via the Skilled Worker route. People coming to work in the UK from anywhere in the world, excluding Irish Citizens, need to demonstrate that:

• they have a job offer (CoS – Certificate of Sponsorship) from a Home Office licensed sponsor
• the job offer is at the required skill level – RQF 3 or above (A Level and equivalent)
• the job offer is at the required minimum salary threshold of £25,600 or the “going rate” for that job
• they speak the required level of English for the job
• they can accumulate at least 70 points

In addition to the above attributes, there are more that applicants can trade to ensure they accumulate at least 70 points for their attributes (E.g. qualifications) and become eligible to work in the UK; it’s recommended to consult with an immigration expert about your individual immigration circumstances and requirements. At The Yellow Halo we offer a free 30-minute consultation to answer any questions you may have – please get in touch to book yours.

How to become a licensed Sponsor

If your business doesn’t currently hold a Tier 2 Sponsor Licence but you may need to recruit from outside of the UK beyond 1 January 2021, we recommend you start the application process for a Sponsor License now. To apply, you will need to:

• Check that your business is eligible i.e. no unspent criminal convictions
• Choose the type of Skilled Worker Licence you wish to apply for ie for long-term or temporary workers.
• Put appropriate systems in place to act as a sponsor i.e. appoint a person who will manage sponsorship within your business

It is possible to apply for your own Sponsor License and the fee you pay is dependent upon the size of your company. However, the recruitment and management of overseas staff is a complex issue requiring expert guidance to ensure individuals not only become valuable long-term business assets but, that your business remains compliant and safeguards its legal position long-term too.

At The Yellow Halo, we empower UK businesses to employ professional overseas staff ethically and legally with proactive immigration advice and we can guide you through the entire Sponsor Licence application process. Please contact our immigration experts to discuss your business immigration needs.

How long does the application process take?

It usually takes eight weeks from when the Home Office receive an application for it to be processed and a decision obtained. This timeline may be subject to delays during early 2021 as the new Points Based Immigration System comes into play so we recommend you get started as soon as possible. Once you have your Sponsor Licence you can hire skilled workers globally for an initial period of 4 years.

Who can you hire as a Sponsor?

Once you have a Sponsor Licence you can hire eligible skilled workers from anywhere in the world providing that the job you are advertising meets the minimum skill and salary thresholds in the new Points Based Immigration system. These requirements are:

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

All applicants will be able to trade attributes, such as their qualifications, against a lower salary to get the required 70 points to be eligible to work in the UK. For example, migrant employees could be paid a salary less than the minimum threshold, but no less than £20,480, if they have a PhD relevant to the job. Your immigration consultant can provide guidance on the points-based system.

What happens to existing EU employees?

The new Points Based Immigration System will not affect any EU employees already working in the UK by 31 December 2020 and they can continue their employment with you with no extra paperwork. They and their families can also apply to the EU Citizen Settlement Scheme and have until 30 June 2021 to make an application.

The next step for employers

Although the Home Office have flagged-up the new system as “simple, effective and flexible”, it is likely to be anything but so if you have plans to hire skilled workers from outside the UK, get prepared and start a conversation with an immigration specialist now. We can manage your entire Sponsor License application, from selecting your most appropriate category to providing expert guidance on future audits and compliance; we can also advise your prospective employees on their individual application process. To discuss your unique business immigration needs in more detail, please do get in touch to schedule a complimentary immigration audit with our expert team.