As an employer, it’s important to make sure you’re sponsoring the right people at the right time, and legally. Here are some tips for getting it right.
In today’s increasingly multicultural world, attracting and retaining top talent from across the globe is crucial for businesses to thrive and stay competitive. One of the ways to achieve this is by sponsoring skilled workers from overseas in order for them to get a UK work visa.
However, navigating the complex immigration process and ensuring compliance with ever-changing regulations can be challenging for employers. This article aims to provide valuable insights and guidance to help employers understand their responsibilities and make informed decisions when sponsoring foreign employees.
What is a UK Sponsorship License?
A UK Sponsorship Visa, is a type of work visa granted to skilled workers who have been offered a job in the United Kingdom. This visa allows individuals from the EU, Iceland, Liechtenstein, Norway and Switzerland who arrived in the UK after 31 December 2020 to live and work in the UK for a specific period, typically up to five years, with the possibility of extension. To qualify for this visa, applicants must secure a job offer from a UK employer who holds a valid sponsorship license and is willing to act as their sponsor.
The process of obtaining a UK Sponsorship Visa involves meeting certain eligibility criteria, such as having a valid Certificate of Sponsorship (CoS) from the sponsoring employer, proving knowledge of English, and demonstrating that the applicant can support themselves financially during their stay in the UK.
The employer offering the job must also ensure that the role meets the minimum salary and skill level requirements set by the UK government. Once the visa is granted, the sponsored employee can bring their family members (spouse or partner and children under 18) to the UK as dependents, provided they meet the relevant requirements.
What Key Considerations Should Employers Have When Sponsoring a Foreign Work Visa
- Eligibility Criteria: Ensure that the prospective employee meets the eligibility requirements for the specific work visa category, such as skill level, job offer, and minimum salary threshold.
- Sponsorship License: Verify that your organization holds a valid sponsorship license issued by the UK Home Office, which allows you to sponsor foreign workers.
- Certificate of Sponsorship (CoS): Obtain a CoS for the candidate, which serves as a virtual document containing essential information about the job and the applicant.
- Compliance with Immigration Rules: Familiarize yourself with current immigration laws and regulations to ensure your organization remains compliant throughout the sponsorship process.
- Record Keeping and Reporting: Maintain accurate records of sponsored employees, including their contact information, employment details, and visa status. Report any changes or discrepancies to the UK Home Office in a timely manner.
- Genuine Vacancy Test: Make sure the job being offered is a genuine vacancy and meets the skill and salary requirements set by the UK government.
- Employee Support: Assist the foreign employee throughout the visa application process, providing guidance and necessary documentation.
- Financial Requirements: Ensure that the sponsored employee can support themselves financially during their stay in the UK.
- Dependent Support: Be aware of the rules and requirements for employees who wish to bring their family members to the UK as dependents.
- Monitoring and Compliance: Regularly monitor your organization’s adherence to sponsorship duties and be prepared for potential audits by the UK Home Office.
Ready to Hire?
Successfully sponsoring work visas in the UK requires employers to be well-informed and proactive in their approach. By understanding the key considerations and staying up-to-date with the latest immigration regulations, employers can make the process smoother and more efficient for both themselves and their foreign employees.
Ensuring compliance with sponsorship duties and providing support to employees throughout the visa application process not only fosters a positive working environment but also contributes to the long-term success of the organization. As the global talent landscape continues to evolve, businesses that embrace these best practices will be better positioned to attract, retain, and benefit from the diverse skills and expertise that international workers bring to the UK job market.
Please be advised that this article is for general informational purposes only, and should not be used as a substitute for advice from a trained legal professional. Be sure to consult a legal professional if you’re seeking advice about employing overseas workers. We are not liable for risks or issues associated with using or acting upon the information on this site.
