Employing Foreign Workers in The UK – Expert Guide for 2023

Therefore, expanding your horizons in terms of recruitment as a company will give you access to a vast number of highly qualified workers from around the world who are ready to fill any position, help globalise your business and aid you in building relations in an international and multi-cultural context, make your business more efficient by introducing innovative ways of working and more competitive in terms of work ethic.

It is for these reasons and in the interest of helping the UK retain its title as a global business powerhouse that the Home Office provides a number of different routes geared towards making employing foreign workers in the UK possible.

We will outline these routes but would also like to state the importance of seeking legal counsel to ensure your employees do have the right to work in the UK and avoid any fines linked to illegal work in the UK.

*Please note that all salary requirements listed in this article are subject to change by the UK Home Office; for the most up-to-date information it is always best to contact us directly.

Obtain a Sponsor License

Firstly, if you are thinking of employing foreign workers in the UK, you will need to get your company a skilled worker sponsor licence which is a government-issued license which permits you to employ qualifying foreign nationals. It replaces the old Tier 2 Sponsor License, and the conditions for gaining the new license are as follows:

• Your organisation has a UK presence and trades lawfully with all the required forms of registration and compliance. The Home Office may wish to inspect your documentation or premises at any point. You can apply for a license which covers a section or branch of your business or a license which encompasses your whole company.
• The Home Office will want assurance that you will provide genuine employment in a skilled occupation which pays the going rate. The rate is determined by the Home Office on an ad hoc basis, but guidelines on job suitability and the going pay rate are provided. 
• You agree to undertake all the responsibilities which are related to owning a Sponsorship License.
• Private persons are not usually eligible to become Sponsors. 

However, please keep in mind that there are exceptions to the rule which we can advise you on, like:

• There are additional criteria when sponsoring religious or creative workers, international sports professionals and under 18 or 16 persons working under these titles. We can advise you on the particulars of eligibility in these circumstances.
• You should understand how to use share codes to regularly check up on your employee’s immigration and right-to-work status.

You will not be allowed to obtain a Sponsorship License if:

• You have criminal convictions in the past for immigration offences, fraud or money laundering activities.
• You have had a Sponsorship License that has been taken away from you within the last 12 months.

You will not need a Sponsor License to employ certain types of foreign nationals, including:

• Citizens from Ireland
• EU citizens or individuals who are in the UK with settled or pre-settled status
• Individuals who already have indefinite leave to remain in the UK

Global Business Mobility Visa 

Another way of employing foreign workers in the UK is through the Global Business Mobility Visa, which the Home Office introduced on March 15, 2022.

The idea of this Visa is to help employers bring workers to the UK temporarily and is not a route that will lead to the permanent settlement of the employee in the UK. The Global Mobility Visa is split into five sub-categories depending on the criteria and intended function of the employee:

Senior or Specialist Worker Visa

If you have a foreign employee working for your organisation abroad but require them in the UK due to their specialised skill-set, then you should follow this route. The following criteria apply:

• Provide the employee with a valid certificate of sponsorship
• The employee has worked for you outside of the UK for over 12 months unless they are earning over £73,900.
• They will take up a role of employment that is on the list of eligible occupations; this can be checked with the four-digit occupation code.
• They will be prepared to be paid the minimum salary for the job or at least £42,400 – whichever is higher.
• An employee can apply to stay for up to 5 years at a time.

Graduate Trainee Visa

This Visa will allow you to bring employees to work in the UK branch of your organisation if it is part of a training programme leading to managerial or specialist roles in the future. The following criteria apply:

• The Home Office has approved your company/organisation as a sponsor.
• The trainee has worked for your organisation immediately before application.
• You have a certificate of sponsorship that you can show as proof with information about the intended role.
• The job you are advertising is on the list of approved occupations.
• The trainee is paid at least £23,100 per annum. 
• You have made your application from outside the UK.

If granted, your employee’s Visa will be valid for one year. Please note that this Visa cannot be extended within the UK, but your employee can apply for a new Graduate Visa from outside the UK in the future. 

The UK Expansion Worker Visa

This is the appropriate route if you are planning to expand your business to the UK and require the presence of certain employees to help you achieve this aim. The following criteria apply:

• You need to provide the employee with a valid certificate of sponsorship.
• The employee has worked for you outside of the UK for over 12 months.
• They will do a job for you in the UK, which is on the list of eligible occupations.
• Upon arrivial in the UK, they will be paid a minimum eligible salary required for the job or at least £42,400 – whichever is higher.
• Workers can stay for up to 12 months in the UK with this Visa and can extend for an additional 12 months.