Do you need to hire an employee from outside the UK for your business? Or perhaps you are considering sponsoring a family member to come and work in the UK? Sponsoring an employee from outside the UK can be a complex process, and there are many things to consider. In this blog post, we’ll take a look at what you need to know about sponsoring an employee to work in the UK. We’ll cover the legal requirements, the application process, and the cost of sponsoring an employee.
Eligibility
If you are looking to sponsor an employee to work in the UK, there are several eligibility requirements to consider. The individual applying for the sponsorship must meet the relevant criteria depending on their nationality and the type of employment they wish to undertake.
For example, if the individual is from outside the European Economic Area (EEA) and Switzerland, they will need to apply for a Tier 2 (General) visa. To be eligible for this visa, they must have a valid certificate of sponsorship from an employer in the UK, be paid the minimum salary threshold (currently £30,000 per annum), and meet the English language requirement.
The individual may also need to meet other requirements such as providing evidence of previous earnings and qualifications. Those from the EEA and Switzerland may only need to apply for a residence permit to work in the UK.
It is important to be aware of any additional criteria that may apply depending on the individual’s nationality or particular job role. It is also important to ensure that the employee is eligible to work in the UK before any sponsorship is undertaken.
Job suitability
When deciding whether to sponsor an employee to work in the UK, employers must consider if the role is suitable for the candidate. It’s important to ensure that the job you’re offering them requires a skilled worker and the individual has the relevant qualifications and experience to fulfil the role.
Employers must also comply with the UK’s immigration rules and ensure that the individual meets all requirements to be eligible for a UK visa. This includes meeting the necessary minimum salary and English language requirements, as well as providing proof of qualifications.
In addition, employers must consider any potential impact their decision to sponsor an employee may have on their workforce. This could include considering whether their existing employees have applied for the role and would benefit from further training or development opportunities.
Finally, employers should check whether there are any restrictions on hiring a foreign national for the role, such as a quota or limit on visas issued in that industry or region. It’s also important to understand what employment rights and responsibilities you have towards any sponsored employees, such as offering a suitable workplace and paying the correct wages.
By carefully considering job suitability and eligibility requirements, employers can ensure they make informed decisions when choosing to sponsor an employee to work in the UK.
Types of licence
When sponsoring an employee to work in the UK, you need to ensure that they are eligible to do so. Depending on their nationality, the employee may require a Tier 2 or 5 visa, or a European Economic Area (EEA) permit.
A Tier 2 visa is typically used for people coming to the UK to fill a skilled job that cannot be filled by someone already living in the UK. This type of visa will last up to five years, or three years if the job is in a specific shortage occupation.
A Tier 5 visa is for people coming to the UK temporarily to work in a certain role or profession, such as the arts and entertainment industry or charity work. This type of visa usually lasts for up to two years.
An EEA permit allows people from European countries to work in the UK without needing a visa. However, this permit does not cover every country, so it’s important to check with the Home Office which countries are eligible.
When sponsoring an employee, it is important to make sure they have the right type of licence to work in the UK. Failure to do so can result in fines or even criminal proceedings.
Sponsorship management roles
The employer sponsoring an employee to work in the UK will take on several roles. These include responsibility for the employee’s immigration status, ensuring they have the right to work in the UK and abiding by UK legislation.
The employer must ensure the employee has the right to work in the UK and to do this they will need to check that they have the correct documentation and a valid visa or work permit. They must also be familiar with any new requirements that may arise from changes in UK immigration law.
The employer should also ensure that the employee remains compliant with all relevant UK laws, regulations and codes of practice. This includes complying with the requirements of the Equality Act and Employment Rights Act.
The employer will be responsible for managing the employee’s sponsored status, which includes checking their eligibility on an ongoing basis, reporting any changes in circumstances to the Home Office, and keeping records of all documents relating to the employee’s sponsorship.
Finally, employers must comply with all reporting requirements and notify the Home Office of any changes in the employee’s circumstances or employment statuses, such as salary or job title changes.
By taking on these roles, employers can ensure they remain compliant with UK immigration law and ensure their employees have the right to work in the UK.
Apply for your licence
Once you have established that the job is suitable for a sponsored employee and that your organisation meets all eligibility criteria, you can begin the process of applying for a licence. Depending on the size and type of organisation, the application process may differ slightly.
For small businesses, applications can be made through the UK Visas and Immigration (UKVI) website. Here, applicants must fill in an online form, which includes providing evidence of their eligibility and the job’s suitability. It is important to provide as much detail as possible, as UKVI will assess the application carefully to determine whether they should issue a licence. Once the application has been submitted, it can take up to eight weeks to process.
For larger organisations, applications must be made via the Sponsor Management System (SMS). This is an online service designed to help sponsors manage their sponsored employees. Applications are assessed within four weeks, after which the organisation will receive an A-rating, B-rating or C-rating depending on their success.
Once a licence has been granted, organisations must continue to meet the relevant requirements, including keeping records of all their sponsored employees. This information should be updated regularly on the SMS, and any changes should be reported promptly to UKVI.
Sponsoring an employee to work in the UK can be a complex process, but following these steps will ensure you meet all requirements and successfully obtain a licence.
Your licence rating
Your licence rating is an important part of the process when sponsoring an employee to work in the UK. It is the assessment of your organisation and the activities that you are proposing to carry out. This assessment is carried out by UK Visas and Immigration (UKVI).
The rating is based on a set of criteria. These include your organisation’s ability to comply with immigration rules, your financial and business standing, and the strength of the job offer you are making. The rating will decide whether or not you can sponsor an employee. It is possible to apply for a different rating if your circumstances change. You will need to make sure that you meet all of the criteria to be successful.
The rating scale is divided into four categories: A, B, C and D. A is the highest possible rating and D is the lowest. Depending on which category your rating falls into, you may be limited in terms of the number of employees you can sponsor and the duration of their stay in the UK.
A rating of ‘A’ means that you can sponsor any number of employees and the maximum duration of stay is three years. For a ‘B’ rating, you can sponsor up to 20 employees and they can stay in the UK for up to 12 months. For a ‘C’ rating, you can only sponsor up to five employees and they must leave after six months. Finally, a ‘D’ rating means that you cannot sponsor any employees at all.
Your licence rating will remain valid for one year from the date it was issued, after which you will need to renew it. If you fail to renew your licence in time, then you will no longer be able to sponsor any employees.
It is important to keep track of your licence rating and make sure that it is up-to-date to be able to successfully sponsor an employee to work in the UK.
What is a UK Visa Sponsorship for Employers?
If you’re a business looking to hire someone from outside the UK, you will need to apply for a UK visa sponsorship. This is a licence that allows employers to hire an individual who is not a UK national or who does not hold permanent residence status. It’s important to understand what’s required in order to become an employer sponsor so that you can ensure compliance with the law and your responsibilities as an employer.
The UK Visa Sponsorship for Employers is issued by the Home Office and allows employers to legally employ people from outside of the European Economic Area (EEA). As part of the visa sponsorship application, you’ll need to meet certain criteria and agree to certain obligations. These include demonstrating that the job is suitable for someone from outside the UK, and confirming that the employee’s skills are relevant and necessary for the role.
You’ll also need to show that you can support your employee financially and that you have adequate systems in place to monitor their work. Once your licence has been granted, you’ll need to assign a key contact or ‘sponsor’ who will manage the employee’s stay in the UK. This individual will be responsible for keeping records of their progress and performance and ensuring they comply with all relevant regulations.
Your licence rating is based on how well you have followed your responsibilities as an employer sponsor. This includes managing applications correctly, ensuring employees meet their visa conditions, providing accurate information and reporting any changes to the employee’s circumstances. The rating will determine which category of employees you can sponsor, and this may affect the type of visa applications you can submit in future.
To apply for a UK Visa Sponsorship for Employers, you’ll need to complete an application form and provide evidence to prove that you meet the required criteria. Once your application is successful, you’ll be issued a licence valid for four years, allowing you to hire employees from outside the UK. With a valid licence, you can ensure that all your recruitment processes are compliant with the law and your responsibilities as an employer sponsor.
What is a Certificate of Sponsorship (CoS)?
A Certificate of Sponsorship (CoS) is a document that employers in the United Kingdom must provide to foreign nationals who are applying for a visa to work in the UK. The CoS provides information about the role the applicant is applying for and details about the sponsoring employer. This document is required for the foreign national to be able to apply for the visa and ultimately start their job in the UK.
To sponsor an employee to work in the UK, employers must first apply for a licence from the Home Office. Once they have been granted a licence, they will then be able to issue a CoS to applicants. The CoS must include details such as the job title, salary, any additional benefits, and details of the employee’s start date. Employers must ensure that the job is suitable for the applicant, and must make sure that the salary offered is at least equal to the minimum wage applicable to their age and experience level.
Once the applicant has been issued with a CoS, they can then apply for their visa. The visa must then be approved by the Home Office before the foreign national can start work in the UK.
The CoS is an important part of the process for employers to sponsor an employee to work in the UK. Without it, employers would not be able to legally employ foreign nationals in the UK. It is therefore important that employers understand their responsibilities when it comes to issuing CoS’s, and make sure that all documentation is complete and accurate before it is issued.
What is a Certificate of Sponsorship (CoS)?
A Certificate of Sponsorship (CoS) is a document issued by UK Visas and Immigration (UKVI) which provides evidence that an employer is sponsoring a migrant employee to work in the UK.
The CoS is essential for non-EEA nationals who want to come to the UK to take up employment or extend their stay for work.
The CoS has important information about the migrant employee such as their full name, their nationality and job title, as well as the name of the employer and the length of the employee’s stay. It also shows that the employee has been permitted to stay in the UK and work.
The employer must apply for a CoS before the migrant can apply for a visa to come to the UK.
The CoS must be assigned to the employee before they can submit their visa application. Once the employee has been granted a visa, they must show their CoS when they arrive in the UK.
Employers can use the Sponsor Management System (SMS) to manage CoSs. The SMS allows employers to assign CoSs, request new CoSs, check their licence rating and view reports about sponsored migrants.
How to Get a CoS?
In order to obtain a Certificate of Sponsorship (CoS) for an employee to work in the UK, employers must first apply for a licence from the UK Home Office. The licence will allow employers to sponsor workers from outside of the UK and the European Economic Area (EEA). Once approved, employers will be able to assign a CoS to the employee to enable them to work in the UK.
To apply for a licence, employers must fill out the Employer Sponsor Licence Application form and provide additional evidence to support their application. This could include items such as employer’s financial accounts, documents showing legal entity status, business bank statements, and a criminal record check for those in positions of control in the organisation.
Once the application is submitted, the Home Office will assess it to determine whether the employer can be granted a licence. If successful, the Home Office will assign an A-Rating or B-Rating to the licence which will define how many CoSs the employer can assign and how long these are valid for.
The A-Rating allows employers to assign an unlimited number of CoSs each year which can be valid for up to three years, while the B-Rating has a limited number of CoSs available each year and each one is valid for up to 12 months.
Once the employer has been granted a licence, they can assign a CoS to an employee that meets their job requirements. The CoS must include details such as the employee’s name and job title, salary, job description and any other required details.
Finally, the employee must then use this CoS to apply for a visa so they can work in the UK. This application must be made within three months of being issued with a CoS or else it will become invalid.
Getting a CoS is a complex process that requires employers to follow strict guidelines set by the Home Office. As such, employers need to ensure that they understand all the requirements of a UK Visa Sponsorship for Employers before attempting to assign a CoS.
What are the Types of CoS?
There are two main types of CoS (Certificate of Sponsorship) for employees sponsored by UK employers: Tier 2 and Tier 5.
Tier 2 CoS is designed for skilled workers from outside the European Economic Area (EEA) or Switzerland who have been offered a job in the UK. The job must be at the appropriate skill level, and it must be a “genuine vacancy” meaning that the job could not be filled by a resident worker. Tier 2 CoS holders are eligible to work in the UK for a maximum of five years, depending on the type of visa they receive.
Tier 5 CoS is intended for temporary workers who do not fall under the category of “skilled workers”, and covers those coming to the UK to complete internships, charity work or religious activities, or to participate in exchange programs. This type of CoS is usually valid for one year but can be extended for up to three years, depending on the type of visa received.
Employers sponsoring workers with a Tier 2 or Tier 5 CoS must also meet certain criteria, such as ensuring that the migrant will be paid the appropriate salary for the job and following the requirements of the Points-Based System. Additionally, the employer must provide evidence that they can accommodate and care for the migrant throughout their stay in the UK.
Fees involved in the application for a sponsor license
The fees for obtaining a Sponsor Licence in the UK vary depending on the size of your organisation and the duration of the licence.
For small organisations with fewer than 50 employees, the cost is £536 for a two-year licence. For larger organisations, the cost is £1476 for a two-year licence.
You will also be required to pay an additional £199 for each Certificate of Sponsorship (CoS) you request.
If you wish to hire an individual from outside the European Economic Area (EEA), you must apply for a Tier 2 General Visa at a cost of £610.
If you need to renew your licence, the fees will be the same as the initial application. However, if you want to extend the duration of the licence, you will need to pay an additional fee of £535.
Finally, there are additional fees that may apply depending on the type of licence that you choose and the number of certificates of sponsorship you require.
By understanding the fees involved in obtaining a Sponsor Licence in the UK, you can make sure that your application is successful and cost-effective.
What is considered a job suitable for sponsorship?
When deciding which job is suitable for sponsorship, employers must consider the skill level of the position, the complexity and responsibility of the role, and whether or not the duties would require a professional or specialist qualification.
The UKVI sets out guidance to help employers decide if a role is suitable for sponsorship. Generally, roles that involve complex tasks, specialised knowledge, a high degree of responsibility or decision-making, or require qualifications or professional experience are considered suitable for sponsorship.
Sponsorship should also be considered when hiring a role that requires a high level of qualifications or specific skill sets. This could include roles like:
• IT professionals such as software engineers, computer scientists, systems analysts and programmers
• Doctors and medical practitioners
• Scientists and researchers
• Financial advisors
• Management consultants
• Business analysts
• Academics and lecturers
• Senior managers
• Legal professionals
• Creative professionals such as graphic designers, photographers and illustrators
• Engineers in certain fields
• Health and social care professionals.
Employers can also consider sponsoring applicants who have considerable work experience in a certain industry and who can demonstrate extensive knowledge in a particular area.
It is important to remember that the UKVI expects employers to pay the going rate for any sponsored role and to comply with all relevant UK labour legislation. The applicant must be paid the same wages and enjoy the same working conditions as a British or EU national.
What is an Immigration Skills Charge?
The Immigration Skills Charge (ISC) is a fee charged by the UK government for employers who wish to hire a non-EEA worker. This charge is designed to encourage employers to invest in skills training for their current workforce and ensure that qualified workers from outside the EEA can still be employed. The ISC rate is £1000 per worker, per year of employment and must be paid before an application for a Certificate of Sponsorship (CoS) is approved. It is important to note that there are some exemptions available to employers such as those recruiting doctors and nurses and employers who are recognised as an A-rated sponsors on the Home Office Sponsorship register.
For more information regarding the Immigration Skills Charge, including how to apply, visit the Home Office website. There you will find a range of information, guidance and forms which will help you understand your responsibilities as a sponsor. You must understand your obligations under the Immigration Rules to meet your sponsorship licence requirements and ensure your business remains compliant.
Which are the responsibilities of the sponsor?
The responsibilities of a sponsor vary depending on the type of license they hold, but generally speaking, they are responsible for recruiting and employing people from outside the EEA in the UK. This involves keeping accurate records of employees and their activities, making sure they are paid properly and on time, and monitoring their immigration status. Sponsors must also comply with reporting duties to the Home Office, such as informing them when an employee is no longer working for them or if there is any change in their circumstances.
Sponsors must also ensure that their sponsored workers have the necessary skills and qualifications for their role and that the position is appropriate for sponsorship under the relevant rules. They must make sure the job is advertised according to Home Office regulations and that the salary meets the minimum requirements. In addition, sponsors must take reasonable steps to prevent illegal working, including carrying out right-to-work checks for all employees.
Sponsors are also obliged to provide support to sponsored workers and notify the Home Office of any changes in their circumstances. The employer must also ensure that sponsored workers remain in compliance with their immigration requirements and take necessary steps to ensure that their sponsored workers do not breach any immigration laws. Finally, it is important to remember that sponsors are liable for any breaches of immigration law made by their sponsored workers and may face financial penalties if they fail to comply with their obligations.
Who cannot be sponsored to work in the UK?
Unfortunately, certain people cannot be sponsored to work in the UK. Those that are not eligible for a UK visa and/or sponsorship include:
- Children under 18
- People with serious criminal convictions
- Asylum seekers or those with no right of abode in the UK
- Non-EEA nationals who have been deported from the UK
- People who have overstayed their visa
- People who have failed to comply with the terms of their visa
- People who have previously been refused entry to the UK
- People who are subject to a deportation order
In addition, the Home Office has recently implemented tougher restrictions on those coming to the UK to work in the EU. As such, they have limited the number of visas they issue each year, so not everyone will be able to gain sponsorship.
Finally, those who are unable to demonstrate that they meet the skill requirements for the role or are not on an appropriate salary will also not be able to be sponsored for a job in the UK. Therefore, it is important to check your eligibility before applying for sponsorship.
Challenges and Solutions
When it comes to sponsoring an employee to work in the UK, there are several challenges that employers must face. From the process of obtaining a licence and understanding the associated costs to understand and adhering to the sponsor’s duties, the challenges can be daunting.
The first challenge is understanding the eligibility requirements for sponsorship. Employers must ensure that the applicant meets the requirements for a Certificate of Sponsorship (CoS) and visa application. It is also important to ensure that the job is suitable for sponsorship and that all the necessary checks have been made.
Another challenge is understanding the types of licences and managing the roles associated with sponsorship. Employers must ensure they have a valid sponsorship licence and keep up to date with any changes or updates. The sponsor must also understand their roles and responsibilities and comply with all relevant legislation.
The final challenge is the fees involved in obtaining a licence and sponsoring an employee. Employers must be aware of the Immigration Skills Charge (ISC), which is applicable to most roles and must also bear in mind that a CoS is only valid for three months, meaning additional charges may apply if you need to extend it.
Fortunately, there are solutions available to help employers overcome these challenges. Firstly, seeking legal advice from an experienced immigration specialist can help employers understand their obligations and ensure that they comply with all relevant legislation. Additionally, there are resources available online, such as e-learning modules, that provide employers with guidance on what is expected of them when sponsoring an employee.
Finally, the UKVI’s Employer Checking Service can help employers verify their staff’s right to work in the UK and provide advice on applying for a licence and other sponsorship requirements.
By taking these steps, employers can ensure they meet all their obligations when sponsoring an employee to work in the UK.
Conclusion
The United Kingdom has a Points-Based System (PBS) for managing immigration, which includes Tier 2 (Skilled Worker) visas. Under this system, employers in the UK can sponsor foreign workers for Tier 2 visas if they meet certain criteria. To do so, they must apply for and be granted a Sponsor Licence by the Home Office.
To apply for a Sponsor Licence, employers must submit an online application and pay a fee. The application process includes providing information about the business and the positions being offered to foreign workers, as well as demonstrating that the business is able to comply with sponsorship duties.
Once granted a Sponsor Licence, the employer can issue Certificates of Sponsorship to foreign workers, who can then use them to apply for a Tier 2 visa. The foreign worker must also meet certain criteria, including having a job offer from the sponsoring employer that is on the Shortage Occupation List, and earning the minimum salary threshold for the role.
UK visa sponsorship companies are different for each sector, and the list of companies that sponsor skilled visa is not publicly available. But certain companies like Infosys, TCS, Wipro, Capgemini, etc are known for sponsoring skilled visa in the UK.
The Tier 2 visa application process can be complex, and it is recommended that employers seek professional advice to ensure compliance with the sponsorship requirements and to avoid any potential issues.
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