Sponsoring foreign workers can significantly benefit your business, especially in a competitive job market. Understanding how to navigate the Skilled Worker route is crucial for employers looking to fill skilled positions with talented individuals from outside the UK. This route allows you to recruit workers for specific roles in eligible occupations, ensuring that you have the right skills for your business needs.
The process begins with obtaining a sponsorship licence, which requires meeting specific criteria related to your business and the role you wish to fill. Once you have this licence, you can offer a job to a foreign candidate who meets the necessary skills and language requirements. This structured approach not only helps you attract skilled professionals but also ensures compliance with UK immigration laws.
By sponsoring skilled workers, you can enhance your team's capabilities and foster a diverse workplace. This guide will walk you through the key steps to successfully sponsor a foreign worker under the Skilled Worker route.
Understanding the Skilled Worker Route
The Skilled Worker Route allows employers in the UK to hire foreign workers. This section explains the eligibility requirements, the role you play as a sponsor, and the essential paperwork involved.
Eligibility and Visa Requirements
To sponsor a foreign worker, they must meet specific eligibility criteria. First, the job must be an eligible skilled occupation. This includes roles that have an occupation code listed in the UK immigration rules.
Workers must also hold a valid job offer from an employer with a sponsor licence. Besides, they need to demonstrate knowledge of English, which can be proven through tests or specific qualifications. The job must meet the minimum salary requirement, usually set at £26,200 or higher, depending on the role and experience. If the worker is a new entrant to the labour market, they may qualify for a lower salary threshold.
The Role of the Sponsor
As a sponsor, your role is crucial in the Skilled Worker Route. You must hold a valid sponsor licence, which is issued by the Home Office. To obtain this licence, you will need to follow specific procedures and adhere to immigration rules.
You are responsible for ensuring that the worker you wish to hire meets all requirements. This includes confirming their qualifications and providing support throughout their visa application process. Additionally, you must keep records of the worker’s progress and report any significant changes to the Home Office.
Failure to comply can lead to penalties or losing your sponsor licence.
Certificate of Sponsorship and Job Offer
The Certificate of Sponsorship (CoS) is a key document in this process. It is assigned to a specific job offer and confirms that you intend to sponsor the worker.
You must provide details about the job, including the occupation code and salary, and ensure it meets the relevant immigration rules. Once you issue the CoS, the worker can complete their visa application. It’s important to understand that each CoS has a specific duration and must be used within a certain time. If the job offer changes or the worker does not start their role, you must update or cancel the CoS in a timely manner.
Becoming a Licensed Sponsor
Sponsoring foreign workers requires you to become a licensed sponsor. This process involves applying for a sponsor licence, understanding your duties, and managing compliance effectively.
Application Process for Sponsor Licence
To begin, you need to complete an online application for a sponsor licence through the UK government’s official website. You will provide information about your business, including your PAYE references and details of your organisation.
Ensure you gather all necessary documents, as the application requires proof of your company’s legitimacy and compliance with UK laws. You will pay a fee, which varies based on the size of your business.
Once submitted, your application will be reviewed. If approved, your licence will last for four years, allowing you to sponsor skilled workers.
Sponsor Duties and Compliance
As a licensed sponsor, you have several key duties to fulfil. You must ensure that all workers you sponsor have valid Certificates of Sponsorship. It is crucial to verify that they meet immigration requirements for the role offered.
You must maintain accurate records regarding your sponsored workers, including their contact details and working conditions. Keeping track of your staff's attendance and ensuring compliance with UK immigration laws are essential to avoid penalties or losing your licence.
Regular training should be provided to your staff involved in the sponsorship process to ensure they understand their responsibilities.
Sponsor Licence Management
Managing your sponsor licence effectively is vital for continued operation. You should designate a Key Personnel member responsible for sponsorship duties. This person will oversee compliance and communication with the Home Office.
Using the Sponsorship Management System (SMS) will help you keep detailed records of your sponsored employees. Make sure to update any changes to their status promptly, as this is part of your legal responsibilities.
Additionally, you must be aware of your compliance obligations. Regular audits of your processes and records can help identify potential issues before they become serious.
Financial Requirements and Considerations
When sponsoring foreign workers under the Skilled Worker route, it's crucial to understand the financial aspects involved. This includes salary thresholds, various fees and charges, and additional financial responsibilities that come with sponsorship. Here’s what you need to know.
Salary Thresholds and Rates
To successfully sponsor a Skilled Worker, you must meet specific salary thresholds. As of April 2021, the general minimum salary is £26,200 per year or £10.10 per hour. Some roles may have different thresholds based on occupation and skill level.
Exceptions include:
New entrants: If the worker is under 26, a recent graduate, or switching from a student visa, the threshold can be lower.
Shortage occupations: Roles listed as shortage occupations may also have reduced salary requirements.
It is important to ensure the offered salary meets or exceeds these thresholds to avoid application issues.
Immigration Skills Charge and Health Surcharge
When sponsoring a worker, you also need to pay the Immigration Skills Charge. This charge varies depending on the size of your company:
Large Employers: £1,000 per year
Small and Charitable Employers: £500 per year
This charge applies for each sponsored worker’s visa duration.
In addition, you must pay the Immigration Health Surcharge (IHS), enabling the worker access to the UK’s National Health Service. The IHS is usually £624 per year.
Both charges can add significant costs to the overall sponsorship process.
Other Financial Responsibilities
Beyond salary and specific charges, sponsoring a Skilled Worker also entails other financial responsibilities. You must cover the application fee for the visa, which is £239 for each Certificate of Sponsorship (CoS) issued.
Additionally, you are responsible for any costs associated with compliance and record-keeping. This means ensuring that you maintain accurate records of the worker’s employment and the conditions of their visa.
Failure to meet these financial obligations can lead to penalties or the loss of your sponsorship licence. Understanding all these costs is essential for a successful sponsorship.
Rights and Protections for Sponsored Workers
Sponsored workers have specific rights and protections while working in the UK. Understanding these rights is essential for ensuring a smooth experience during their stay. Below are important aspects of these rights.
Right to Work and Stay in the UK
As a sponsored worker, you have the right to work in the UK for the duration of your visa. This includes the specific job stated in your Certificate of Sponsorship. Your employer must conduct right to work checks to confirm your eligibility to work legally.
You may also apply for an extension of your visa before it expires. After successfully working for a specified time, you can seek Indefinite Leave to Remain, allowing you to live and work in the UK permanently. It is crucial to keep track of your visa conditions to avoid any legal issues.
Health, Social Services, and Public Funds Access
As a sponsored worker, you can access the National Health Service (NHS). You may need to pay an immigration health surcharge as part of your visa application. This allows you to receive necessary health services without worrying about high costs.
However, your access to public funds can be restricted. Generally, sponsored workers cannot claim benefits or support from public funds. Knowing your health service rights can help you plan for medical needs while living in the UK.
Family and Dependants
You can bring your dependants, such as your spouse or children, to the UK under certain conditions. They must apply for a dependant visa, which allows them to stay with you. Your dependants have the right to work or study while residing in the UK.
To qualify, you must meet specific financial requirements to support your dependants. Your family’s visa will typically match your own duration, ensuring they can stay for as long as you are sponsored. It’s important to gather the required documents for their application to ensure a smooth process.
Secure your employer sponsor license with ease. Athi Law offers expert guidance on immigration and conveyancing matters. Get in touch today!
When it comes to family law, finding the right legal representation is crucial. Athi Law offers expert services from experienced divorce solicitors and child custody solicitors. Our team is committed to providing compassionate and professional support, ensuring that your case is handled with the utmost care. Whether you're facing a divorce or need assistance with child custody cases, Athi Law is dedicated to achieving the best possible outcomes for our clients. Trust Athi Law for your legal needs and contact us today for a consultation.
コメント