Sponsoring foreign workers can be a strategic move for your business, especially when seeking to fill skilled roles. Understanding the skilled worker route in the UK is essential for employers who want to tap into a wider talent pool. This route allows you to employ individuals from outside the UK under a visa designed for skilled positions, ensuring you find the right expertise for your organisation.
To begin the process, you will need to obtain a sponsor licence, which permits you to sponsor workers for the Skilled Worker visa. It's crucial to follow the guidelines properly to maintain your licence and ensure a smooth recruitment process. The details involved in the sponsorship, such as job roles and salary requirements, will be key factors in your application.
As you navigate this system, remember that successfully sponsoring a foreign worker can not only meet your immediate staffing needs but also enhance your business's competitiveness in today's global market. By effectively using the skilled worker route, you can attract and retain the talent necessary for your success.
Understanding the Skilled Worker Route
The Skilled Worker Route allows you to sponsor foreign workers to fill skilled positions in your organisation. This section covers the essential eligibility and visa requirements, the point-based system used for assessments, and the differences from the previous Tier 2 route.
Eligibility and Visa Requirements
To sponsor a foreign worker, they must meet specific requirements. They need a confirmed job offer from your organisation that is on the Appendix Skilled Occupations list. The role must meet the skill level of at least RQF Level 3, which is equivalent to A levels.
Your company must also hold a valid sponsor licence. Additionally, the foreign worker must speak English at the required level. This assessment is crucial for their visa application, and you will need to provide a Certificate of Sponsorship (CoS) that includes details about the job and the worker.
Point-Based System and Scoring
The Skilled Worker visa operates on a point-based system. To qualify for a visa, an applicant needs at least 70 points. Points are awarded based on criteria such as:
Job offer from an approved sponsor (20 points)
Job at an appropriate skill level (20 points)
English language proficiency (10 points)
Salary threshold (20 points for salaries of £26,200 or more)
Additional points can be earned if the job is in a shortage occupation or if the applicant has a PhD relevant to the job. This system enables you to assess and ensure the suitability of candidates effectively.
Differences from Previous Tier 2 Route
The Skilled Worker Route replaces the Tier 2 (General) visa. One key difference is the points-based approach, which offers more flexibility. Previously, the Tier 2 route required a minimum salary threshold based on specific job categories.
Now, the wage requirements vary significantly, allowing you to find talent that meets your business needs. Moreover, the Skilled Worker Route offers a broader range of eligible occupations, making it easier for you to recruit from a larger pool of skilled workers across the globe, including those from the EEA.
Becoming a Licensed Sponsor
To sponsor foreign workers under the Skilled Worker route, you must first become a licensed sponsor. This process involves applying for a sponsor licence, understanding your responsibilities, and ensuring compliance with regulations set by the Home Office.
Applying for a Sponsor Licence
To begin the process, you must submit your application to the Home Office. You need to provide details about your business, including your registration with Companies House or HMRC.
Your application must also include:
A description of your recruitment processes.
Details on how you intend to support the sponsored workers.
Any relevant documents that prove your ability as a legitimate employer.
The application fee varies based on the size of your business. If your application is successful, your licence will be valid for four years.
Sponsor Licence Responsibilities
As a licensed sponsor, you must fulfil specific duties. You need to maintain accurate records of your sponsored workers, which include:
Their personal details.
Their visa status.
Dates of employment.
You must also ensure that your employees maintain the terms of their visa. This may involve reporting to the Home Office about any significant changes in employment status or if a worker fails to show up.
It’s crucial to understand that your responsibilities extend to ensuring a safe and compliant work environment for your sponsored workers.
Maintaining Compliance
To keep your licence active, you must regularly comply with Home Office requirements. This involves conducting periodic audits of your hiring processes and ensuring all documentation is current.
Key actions include:
Staying updated on any changes to immigration law.
Training staff involved in the sponsorship process.
Promptly reporting any concerns to the Home Office.
Failure to comply can lead to serious consequences, including losing your sponsor licence. Being proactive in maintaining compliance is essential to successfully sponsor foreign workers.
Issuing Certificates of Sponsorship
When you sponsor foreign workers under the Skilled Worker route, issuing a Certificate of Sponsorship (CoS) is a crucial step. This process involves understanding the types of CoS and their validity to ensure compliance with UK immigration rules.
Defined and Undefined Certificates of Sponsorship
There are two main types of Certificates of Sponsorship: defined and undefined. A defined CoS is required for specific individuals applying for a Skilled Worker visa. You must assign this type of CoS through the sponsorship management system (SMS) once you have a job offer for the worker.
An undefined CoS is generally used for workers in roles where a skilled worker is required but whose identity has not yet been determined. These are often used for future recruitment. Both types must meet certain criteria, including a genuine job offer and evidence of the job's requirements.
Certificate Validity and Conditions
The validity of a Certificate of Sponsorship is essential for both you and the sponsored worker. A defined CoS generally remains valid for three months from the date it is assigned. If the worker does not apply for their visa within this time, you must issue a new CoS.
It is important to ensure that the CoS contains accurate information. This includes the job title, salary, and job description. Any discrepancies can lead to visa rejections. Additionally, you must pay a fee for each CoS issued, which varies depending on the type and duration of employment. Meeting these conditions will help streamline the visa application process for your prospective employee.
Financial Requirements for Sponsoring
Sponsoring foreign workers under the Skilled Worker route involves specific financial obligations. Understanding these requirements is crucial, as failing to meet them can impact your ability to successfully sponsor employees. Key areas to consider include salary thresholds, the Immigration Skills Charge, and other additional costs.
Minimum Salary Thresholds
When sponsoring a skilled worker, you must meet the minimum salary thresholds set by the UK government. As of April 2021, the general salary requirement is £26,200 or the "going rate" for the specific occupation, whichever is higher. Certain roles, like health and education, may have different requirements.
For care workers and other specific roles, the salary threshold is often reduced. Pay attention to the Occupational Codes that apply to your workforce. It’s essential to verify these thresholds regularly, as they can change annually. You must provide a PAYE reference to confirm compliance with the tax requirements.
Immigration Skills Charge
The Immigration Skills Charge (ISC) is another important cost when sponsoring workers. This charge is intended to encourage employers to train and invest in their workforce. As of 2025, the ISC is £1,000 per year for large employers and £364 per year for small or charitable firms.
This fee is payable at the time of application for the Certificate of Sponsorship and for each year that the employee is sponsored. This cost must be factored into your budget when planning for sponsorship.
Additional Costs for Employers
In addition to salary and the Immigration Skills Charge, there are other costs associated with sponsoring foreign workers. You need to cover the visa application fees, which can vary depending on the worker's situation.
There are also compliance costs involved in maintaining your status as a sponsor. This includes record-keeping, reporting to the Home Office, and any expenses related to training for your staff. Ensure that you are aware of all these costs, as neglecting any part of the financial requirements can jeopardise your sponsorship process.
Health and Social Care Workers
Sponsoring foreign workers in health and social care requires an understanding of visa requirements and the types of roles eligible for sponsorship. This section outlines the key criteria for the Health and Care Worker visa and identifies the occupations within this sector that can be sponsored.
Health and Care Worker Visa Requirements
To sponsor a foreign worker under the Health and Care Worker visa, you must meet specific criteria. First, your organisation must be a licensed sponsor and operate legally in the UK.
The applicant must hold a job offer for a role in health or social care. They need to meet the English language requirement and provide medical certification if necessary.
Additionally, the job must correspond to an eligible occupation, with a minimum skill level of RQF level 3 (equivalent to A-level). The salary must meet the minimum threshold, often starting at £26,200 or the “going rate” for the job, whichever is higher.
Eligible Occupations in Health and Social Care
Several roles in health and social care can be sponsored through the Health and Care Worker visa. Key eligible occupations include:
Nurses
Doctors
Midwives
Senior Care Workers
Health Care Assistants
These roles support a variety of services, including those provided by NHS trusts and private care providers.
It is crucial to check that the roles align with the list of approved occupations maintained by the UK government. This ensures compliance and smooth processing of visa applications, enabling you to attract skilled workers to your organisation.
Rights and Protections for Sponsored Workers
When you sponsor a foreign worker under the Skilled Worker route, it is essential to understand their rights and protections. This section outlines crucial aspects, including their right to work checks, prospects for permanent residency, and the rights of their dependents.
Right to Work Checks
As a sponsor, you must conduct thorough right to work checks before employing a foreign worker. This includes verifying their eligibility and ensuring they have a valid Certificate of Sponsorship. The worker must hold a visa that allows them to work in the UK.
You should keep detailed records of these checks. Not only does this protect your organisation from penalties, but it also ensures compliance with UK immigration laws. Failure to conduct these checks could lead to fines or loss of your sponsorship licence.
Permanent Residency Prospects
Sponsored workers may seek indefinite leave to remain (ILR) after residing in the UK for five years. To qualify for ILR, they must meet specific criteria, including having a valid visa, proving knowledge of English, and showing that they can support themselves financially.
It is vital for you to inform your sponsored workers about these requirements. This knowledge can empower them to plan their long-term future in the UK. They should also maintain continuous employment in a suitable role during this period.
Rights of Dependents
Sponsored workers can bring their dependents, such as spouses and children, to the UK. Dependents will have the right to live, work, and study in the UK as long as the main visa holder’s status is valid.
As a sponsor, you should ensure that your workers are aware of their dependents' rights. This includes the ability to apply for their visas, which usually follow the same duration as the main sponsored worker. Furthermore, dependents may also seek employment, helping to support the family unit while living in the UK.
Application Process for Individuals
Applying for a Skilled Worker Visa involves several important steps. You must complete an online application and provide several key documents. Understanding the requirements will help ensure a smooth process.
Applying for a Skilled Worker Visa
To start, you must complete the online application form for the Skilled Worker visa. This can be done on the UK government website. You need to pay the application fee, which can vary based on your situation and length of stay.
After submitting your application, you may need to attend an appointment to provide your biometric information, including fingerprints and a photograph. If you are applying from outside the UK, you will also need to gain entry clearance before travelling.
Required Documents and Health Checks
You must gather specific documents when applying for the visa. Key documents include:
Certificate of Sponsorship (CoS): Provided by your employer.
Proof of English language skills: Evidence of your ability to speak, write, read, and understand English.
Financial documents: To show you can support yourself when you arrive in the UK.
Additionally, you may need to undergo health checks. This includes paying the Immigration Health Surcharge, which gives you access to the National Health Service during your stay.
Dependents and Family Members
If you have dependants, they may join you while you work in the UK. Dependants include your partner and children under 18 years old. You need to include them in your application, and they can apply at the same time as you.
Each dependant will need their own Certificate of Sponsorship from an approved employer. They must also meet the visa requirements and pay the application fee and Immigration Health Surcharge for themselves. This allows them to join you and enjoy rights to work and study in the UK.
Athi Law provides expert legal services in commercial lease, immigration, and divorce. Our team also assists with skilled worker visa, employer sponsor licences and setting up a power of attorney. Get in touch for tailored legal solutions.
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