Hiring Migrant Workers in the UK
Thinking of hiring migrant workers? Here is what you need to know
There is often a myth around hiring migrant workers; is it truly harder and more time consuming to hire a migrant worker compared to a worker who already has the right to work in the UK? The simple answer to that is … no! At Dragon Argent our business immigration solicitors in London believe that you should not have to compromise on talent when it comes to hiring the best person suited for your business.
How can we hire migrant workers in the UK?
The UK has revamped their immigration system to a simpler process that treats all applicants equally, regardless of where they come from. This points-based-system gives your business the ability to access a wider talent pool and support the growth of your business by hiring skilled workers from around the world through a number of different immigration routes.
If your business is looking to recruit migrant workers, you need to meet certain requirements and apply for permission first. The requirements and obligations for a company hiring a migrant worker and for a migrant worker applying for a visa, are different for each visa route, it is not a one system applies to all, but we can assist you step-by-step through each process.
The most common visa routes we assist with are the following:
Skilled Worker Route:
What is it? The most common way to hire eligible workers outside of the UK is for your business to have a sponsor licence. This essentially means that your business will need to be authorised by the Home Office, who will monitor your hiring of migrant workers to ensure that UK immigration law is followed. Once your sponsor licence application is granted, you can hire and sponsor migrant workers (subject to their individual visa application being accepted) and the licence is valid for 4 years, which you can then extend.
An individual who is granted a Skilled Worker Visa is tied to a specific job with that specific employer.
What is the process? There are two parts to the application process. The first is for the company to apply for a sponsor licence and once granted it can then offer a job to a migrant worker who then needs to make an application for a Skilled Worker Visa. There are specific job roles available for sponsorship, particular salary and qualification thresholds that must be met, a requirement to prove their knowledge of English and some medical requirements which each applicant must meet in order for their application to be accepted.
How long does it take? Preparing a Sponsor Licence application takes 2-8 weeks and once the application has been submitted, a decision will be received within 8 weeks. There is the possibility to request a decision to be received within 10 working days at an extra cost. Preparing a Skilled Worker Visa application takes 2-6 weeks and once submitted, a decision can be received between 3 and 8 weeks dependant on the application being made within or outside of the UK. Again, a request for a decision to be made within 5-10 working days can be requested at an additional cost.
Graduate Route:
What is it? This route enables international students who have studied in the UK, to continue to live in the UK after their studies and work or look for work at any skill level for 2 years. A business does not need a sponsor licence to hire someone with a Graduate Visa. A Graduate Visa cannot be extended but an individual on this visa could switch to a different visa, for example a Skilled Worker Visa where they have found a job they would like to stay in.
What is the process? An individual who wishes to use this route must apply before their student visa expires. An application must be submitted online.
How long does it take? A decision with be received within 8 weeks.
Youth Mobility Scheme:
What is it? The UK has an arrangement with 10 countries (Australia, Canada, Monaco, New Zealand, San Marino, Iceland, Hong Kong, Japan, South Korea and Taiwan) whereby if the individual is aged 18 to 30, they can apply to live and work in the UK for up to 24 months. An individual on this visa is not required to be sponsored by an employer.
What is the process? The earliest an eligible individual can apply is 6 months before they travel and as part of their application, they will need to prove their identity, provide eligibility documents and provide proof that they are capable of supporting themselves – this is because the individual is not tied to one particular employer, and the company does not need a sponsor licence to hire an individual on the Youth Mobility Scheme.
How long does it take? From submitting the application and attending a visa appointment, a decision is usually received within 3 weeks.
Global Talent Route:
What is it? This route is for the most highly skilled individuals who can demonstrate exceptional talent and who are global leaders and promising individuals within science, humanities, engineering, the arts and digital technology. The individual is not required to have a job offer to enter the UK as long as they are endorsed by a recognised UK body. The individual is not tied to a specific job or employer on this visa.
What is the process? This visa has two parts to it, the individual must first apply to an endorsing body to be endorsed to prove that they are a leader or potential leader in their field and then they can make an application for the global talent visa.
How long does it take? Endorsement must be received first and then from submitting the global talent visa application, the decision takes between 3 and 8 weeks.
Start-Up and Innovator:
What is it? These routes are designed to encourage entrepreneurs to set up their business in the UK. The Start-Up and Innovator Visas are for an individual to use where they want to set up an innovative business in the UK. The Start-Up Visa is for those setting up for the first time and the individual is only permitted to stay in the UK for 2 years, after which they can switch to another visa. An Innovator Visa is for those with industry experience and at least £50,000 funding. An Innovator Visa can be valid for 3 years and lead to settlement in the UK.
What is the process? Both visa routes require the individual to be endorsed by an authorised body and the application process differs whether they apply outside or inside the UK.
How long does it take? Application for endorsement must first be granted and then from submitting the Start-Up Visa or Innovator Visa application, the decision takes between 3 and 8 weeks.
How can Dragon Argent assist you through the various immigration routes?
Our business immigration solicitors in London understand the variety of immigration routes and the rules and application obligations of each of them is daunting, time consuming and costly if you do it incorrectly, but we can assist with the entire process as much or little as you like.
For more information on hiring migrant workers, procuring a Sponsorship license or any of the other immigration services please get in touch by scheduling a discovery call and we would be delighted to support you!
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