Employing Foreign Workers

Hiring international employees allows UK employers to access a global talent pool, bringing in skilled individuals who can contribute to business growth and innovation. It involves recruiting individuals from outside the UK who require the appropriate immigration permission to work legally.

Employers must ensure they comply with UK immigration rules, including securing a sponsor licence from the Home Office if hiring workers on certain visa routes, such as the Skilled Worker visa. A sponsor licence allows businesses to issue Certificates of Sponsorship (CoS) to eligible candidates. Employers also need to carry out thorough Right to Work checks to confirm a candidate’s legal ability to work in the UK.

Key risks include non-compliance with immigration laws, which can lead to fines, reputational damage, and loss of the sponsor licence. Employers must also be mindful of visa costs, processing times, and additional requirements, such as minimum salary thresholds and skill levels for sponsored roles.

To streamline the process, employers should stay informed about visa categories, provide support to new hires during their relocation, and establish robust HR systems to monitor visa compliance. Proper planning ensures businesses can attract international talent while avoiding legal or administrative pitfalls.

 

 

In this guide for employers, we explain the rules on employing foreign workers and how to avoid falling foul of UK Home Office regulations.

 

Post-Brexit UK work visa rules

 

Since 1 January 2021, most non-UK residents coming to the UK for work require a valid work visa. For sponsored visa categories, employers must hold a sponsorship licence issued by the Home Office to hire foreign workers.

Sponsorship Licence for Employers

To recruit non-UK workers under routes like the Skilled Worker visa, employers must apply for a sponsorship licence. The application process involves providing detailed information about your organisation, demonstrating financial stability, and proving your HR systems can meet Home Office compliance duties. Compliance duties include:

 

• Conducting regular Right to Work checks.
• Monitoring sponsored workers’ visa status and reporting changes.
• Keeping accurate employee records.

 

Once approved, the employer can assign a Certificate of Sponsorship (CoS) to the candidate, which is needed for their visa application.

Immigration Skills Charge

Employers must pay the Immigration Skills Charge when sponsoring workers. As of 2024, fees are £364 per year for small employers or charities, or £1,000 per year for medium or large employers. These fees are subject to updates and should be confirmed when making the application.

Non-Sponsored Work Visas

Some routes do not require sponsorship, such as:

 

• High Potential Individual Visa: For graduates from top global universities.
• Graduate Visa: For international students who completed a degree in the UK.
• Global Talent Visa: For recognised leaders or emerging talent in certain fields.

These visas require the worker to apply to the Home Office to prove they meet the relevant eligibility requirements, although these would not include a job offer or visa sponsorship by an employer.

Hiring EU Workers Post-Brexit

EU citizens who were living in the UK by 31 December 2020 had to register under the EU Settlement Scheme by 30 June 2021. Those with settled or pre-settled status can live and work in the UK without a visa, and employers do not need a sponsorship licence to hire them.

EU nationals arriving after 1 January 2021 require a work visa under the same rules as other non-UK nationals.

 

Sponsor licence eligibility requirements

Before committing to the licence application process, it’s advisable to understand the Home Office criteria you’ll need to meet. In summary, you’ll need to show that your organisation:

 

• Is a legitimate and operational company that operates legally in the United Kingdom.
• Is located in the UK
• Does not pose a threat to immigration control (i.e., do not hire illegal workers) – employers must not have any pending convictions for immigration violations, money laundering, fraud, or similar offences.
• Has not had a sponsor licence revoked in the preceding year.
• Has trustworthy and dependable employees managing the employment sponsorship procedure.
• Complies with the compliance standards of a sponsoring employer

 

You will also need to demonstrate that you meet the compliance duties, which include:

 

• Operating an HR system that allows you to maintain accurate records on sponsored employees.
• Implementing procedures to ensure that only suitable and competent foreign workers receive a Certificate of Sponsorship.
• Reporting significant changes in circumstances to UKVI within the prescribed timeframes (e.g., if a sponsored worker does not arrive on their first day of work or if they quit your employment).

 

 

UK skilled worker visa

 

The primary UK work visa is the Skilled Worker visa, although a number of routes are available, depending on factors such as the type of work on offer and the worker’s credentials.

The Skilled Worker visa is for individuals who are sponsored by a UK employer and who meet certain criteria to attain points.

In order to be eligible to apply for a visa, your potential employee must score 70 points in the government’s points-based system. This is calculated as follows:

 

Characteristics	Tradeable	Points
Offer of job by approved sponsor	No	20
Job at appropriate skill level	No	20
Speaks English at required level	No	10
Salary of £20,960 (minimum) – £23,039 (new entrants)	Yes	0
Salary of £23,040 – £38,699	Yes	10
Salary of £38,700 or above	Yes	20
Job in a shortage occupation or Immigration Salary List  (as designated by the MAC)	Yes	20
Education qualification: PhD in subject relevant to the job	Yes	10
Education qualification: PhD in a STEM subject relevant to the job	Yes	20

 

In addition, some elements are ‘tradeable’. For example, if the employee is not going to earn enough to receive any points, they can trade this for a PhD in a relevant subject.

The visa is granted for up to five years – its length depends on for how long you wish to sponsor your employee, i.e. how long you expect to want the employee to remain in their post.

The Shortage Occupation List has now been replaced by the Immigration Salary List. Roles listed on the Immigration Salary List (ISL) are eligible for a reduced salary threshold, typically 20% below the general requirement. Employers should check the current ISL on the official GOV.UK website to confirm eligibility.

For the most highly skilled, providing they have the required number of points, it may be possible under the new arrangements for them to come to the UK without a job offer. Such people must be endorsed by a relevant or competent body. This has been extended for the so-called STEM subjects, but the government intends to keep it under review.

 

Alternative UK work visa options

 

A number of work visa options are available but suitability will depend on a number of factors, including the individual’s skillset, reason for coming to the UK, intended duration of stay, among other factors.

For example, the Health & Care Worker visa is specifically for healthcare professionals, while the Global Business Mobility visas are a set of visa routes for specific types of workers such as those being deployed to the UK on an intra-company transfer basis.

 

Immigration compliance

 

All UK employers are subject to the prevention of illegal working regime, which requires them to verify a worker’s right to work in the UK. This applies regardless of whether you are hiring from overseas or if your workforce comprises only workers from the domestic labour market.

There are civil and criminal penalties if you employ a person illegally, i.e. someone who does not have the right to live and work in the UK.

You will commit a criminal offence if you employ someone when you have reasonable cause to believe they are an illegal worker. If found guilty you could face an unlimited fine and up to two years in prison.

If you are prosecuted under the civil scheme for employing an illegal worker you could be fined up to £45,000 per breach for a first offence, or up to £60,000 per breach for repeat offences.

Your business may also be shut down if you are found guilty of employing an illegal worker and have received penalties for the same offence already.

 

Need assistance?

 

DavidsonMorris can provide clients with a complete employer sponsorship licence application service, with our team of UK immigration specialists highly experienced in all the documentary and evidentiary requirements vital to a prompt and stress-free process when applying for a sponsor licence. We also provide guidance on best practice in managing the licence and avoiding enforcement issues. For guidance on applying for a sponsor licence, contact us.

 

Hiring international employees FAQs

 

What does hiring international employees involve?

Hiring international employees means recruiting individuals from outside the UK who require the correct visa and immigration permission to work legally in the country.

 

Do I need a sponsor licence to hire international employees?

If you are employing workers on a sponsored visa, such as the Skilled Worker visa, you must obtain a sponsor licence from the Home Office.

 

What are the costs of hiring international employees?

Costs include the sponsor licence fee, the Immigration Skills Charge, the Certificate of Sponsorship (CoS) fee, and any visa application fees. Employers must also meet minimum salary thresholds for sponsored roles.

 

What are Right to Work checks?

Right to Work checks are mandatory steps employers must take to verify an individual’s legal right to work in the UK. Failure to conduct these checks can lead to significant penalties.

 

How long does it take to hire an international employee?

The timeline depends on visa processing times and the role’s requirements. Employers should allow for several weeks or months, including obtaining a sponsor licence if needed.

 

What are the risks of non-compliance with immigration laws?

Non-compliance can result in fines, reputational damage, and the revocation of your sponsor licence, preventing you from hiring international employees in the future.

 

Can international employees bring family members to the UK?

Many visa routes allow employees to bring dependants, such as a spouse or children, provided specific financial and accommodation requirements are met.

 

Do international employees need to meet minimum salary thresholds?

Sponsored workers, such as Skilled Worker visa holders, must meet minimum salary thresholds, which depend on the role and visa category.

 

How do I support international employees during the hiring process?

You can provide guidance on visa applications, relocation assistance, and information about living in the UK to help them settle into their new role and environment.

 

What happens if an international employee’s visa expires?

Employers must track visa expiry dates and work with the employee to ensure they apply for visa extensions or alternative permission before their current visa expires.