Hiring foreign talent can help UK businesses address skill shortages and expand globally, but it requires strict compliance with immigration laws. Employers must follow a regulated process, starting with obtaining a Sponsor Licence and ensuring all legal checks are completed before the candidate starts work.
Step 1: Apply for a Sponsor Licence
To employ overseas workers, your business must first obtain a Sponsor Licence from the UK Home Office. This requirement applies even when hiring EU nationals, as free movement no longer applies post-Brexit.
Application requirements include:
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Proving your business is legitimate and operating lawfully
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Demonstrating compliance with immigration laws and record-keeping duties
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Paying the required application fee
Once approved, your business will gain access to the Online Sponsorship Management System (SMS), which is used to manage sponsorship duties and issue Certificates of Sponsorship.
Step 2: Find a Candidate and Issue a Certificate of Sponsorship (CoS)
The most common route for hiring foreign workers is through the Skilled Worker visa, a points-based immigration system.
Employer responsibilities include:
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Assigning a Certificate of Sponsorship (CoS) through the SMS
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Including job details such as title, responsibilities, and salary in the CoS
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Ensuring the role meets minimum salary and skill level requirements under UK law
Step 3: Confirm Candidate Eligibility and Conduct Right to Work Checks
After receiving the CoS, the candidate can apply for their Skilled Worker visa or another eligible visa category.
Employers must then carry out right to work checks to confirm:
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The candidate’s identity
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The validity of their visa and right to work in the UK
Failure to perform these checks can result in significant penalties.
Key Considerations When Hiring Foreign Workers
Brexit Changes:
Free movement ended with Brexit, meaning EU nationals now require a visa to work in the UK.
Job Suitability:
The job must satisfy the visa’s criteria, including salary threshold, skill level, and compliance with UK minimum wage and working time regulations.
Stay Updated:
Immigration rules can change frequently. Always consult the UK government’s official website (GOV.UK) for the most accurate and up-to-date guidance.
Seek Professional Advice:
For complex cases, consider working with an immigration consultant or legal expert to ensure compliance.
Hiring foreign workers in the UK involves a structured process, from obtaining a Sponsor Licence to conducting right to work checks. By following these steps and staying compliant with Home Office regulations, businesses can successfully recruit global talent while avoiding legal issues.