UK Employers Frequently Asked Questions on the Skilled Worker Visa
2O24 is a year for immigration rule changes so understandably many UK sponsor licence holders and those interested in applying for their first sponsor licence have questions about hiring overseas workers.
In this article, our Immigration Solicitors answer your frequently asked questions on the Skilled Worker Visa.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
Can my business recruit workers from overseas on a Skilled Worker Visa?
If your business wants to employ skilled workers from overseas your business will need a Home Office sponsor licence authorising you to recruit skilled migrant workers. The worker then needs to apply for a Skilled Worker Visa.
If your business is in the health care sector you will need a sponsor licence to sponsor overseas workers but the workers may need to apply for a Health and Care Worker Visa. This forms part of the skilled worker route but it is easier to get a Health and Care Worker Visa rather than a Skilled Worker Visa.
Securing a sponsor licence for an entrepreneur or an SME business is not as difficult as you might think. Expert Business Immigration Solicitors can secure a sponsor licence quickly, especially if you decide to use the Home Office priority service to speed up the Home Office processing time.
Employing overseas workers without the necessary licence is not something that Sponsorship Licence lawyers would ever recommend. All UK employers need to be aware of the penalties for employing someone who does not have the right to work in the UK or the right to work in your business. The penalties have recently increased to a fine of £45,000 per worker for a first offence of employing a worker without the right to work where the employer does not have a statutory excuse of having conducted a valid right-to-work check. The fine increases to £60,000 per worker for a second or subsequent offence.
What overseas workers can an SME company recruit without the employee needing a Skilled Worker Visa?
The rules on Skilled Worker Visas and the need for UK employers to hold a sponsor licence are the same whatever the size of your company. They do not differ whether you are a small start-up or a multinational company.
Workers who are not subject to immigration control and who therefore do not require work visas are settled workers or EU nationals who entered the UK on or before 31 December 2020 and who have pre-settled status or settled status under the EU Settlement Scheme.
There are some other overseas nationals whom a business can employ even if the business does not have a sponsor licence. They include:
- Family Visa holders who have the right to work in the UK without needing a sponsoring employer
- Global Talent Visa holders who are in the UK because of their exceptional talent or promise
- International students on Student Visas who are entitled to work on a part-time basis
- Graduate Visa holders who studied in the UK on a Student Visa and then secured a Graduate Visa allowing them to work for any employer. The Migration Advisory Committee is reviewing the Graduate Visa route so the eligibility criteria are likely to change `
Others can work in the UK when they are subject to immigration control. However, it is worth taking immigration law advice if you are unsure.
Does a business have to advertise a job to UK workers before recruiting an overseas worker on a Skilled Worker Visa?
Under the old-style Work Visa, a sponsor licence holder had to advertise a job in the UK and conduct what was called the Resident Labour Market Test. This test was intended to establish if there were no suitable settled workers available to fill the post.
Following the introduction of the Skilled Worker Visa and the Health and Care Worker Visa a sponsoring employer no longer must carry out this test. Instead, a sponsoring employer must be able to show that they have a genuine vacancy.
It is important to keep evidence of genuine vacancies because if an employer employs migrant workers where there are no genuine vacancies, they risk losing their sponsor licence.
Can a UK employer hire Skilled Worker Visa holders as agency workers?
Some companies want to explore all their options, especially with the ongoing UK skills shortage or the seasonal nature of their sales. Other businesses want to avoid the hassle of managing a sponsor licence and come up with the idea of outsourcing workers using an employment agency that holds a sponsor licence.
The immigration rules say that a Skilled Worker Visa holder cannot be hired or contracted out on a permanent or temporary basis to a third party who is not the sponsor of the visa holder. If a business is looking at ways to reduce the red tape of sponsor licence management or to reduce overhead costs then there is the option to use a professional sponsor licence management service to operate the licence for the business.
How many points does a Skilled Worker Visa applicant need under the points-based immigration system?
Skilled migrant workers need a minimum of 70 points, made up of 50 mandatory points and 20 tradeable points, to secure a Skilled Worker Visa.
The mandatory points are:
| Job offer from employer with sponsor licence | 20 |
| Job at the required skill | 20 |
| Knowledge of English - through the applicant’s country, qualification or passing English language test | 10 |
The tradeable points can be achieved in a variety of ways, such as:
| The salary is higher than the minimum salary threshold for the Skilled Worker Visa or the going rate for the job – whichever is the higher figure | 10 |
| The job is on the shortage occupation list | 20 |
| Job applicant has a PhD qualification in a STEM subject that is relevant to the job applied for | 20 |
| Job applicant has a PhD qualification in a subject relevant to the job applied for | 10 |
What is the minimum salary threshold for a Skilled Worker Visa holder?
The current minimum salary threshold for a Skilled Worker Visa applicant is £26,200 or the government set the going rate for the job, whichever is the higher.
On 4 April 2024, the minimum salary threshold increases to £38,700 or the going rate for the job, whichever is the higher. The Migration Advisory Committee is reviewing going rates.
There are some ways an employer can reduce the minimum salary threshold. For example, employing a worker who qualifies as a new entrant or if your business is in the health care sector employing a person on the Health and Care Worker Visa.
What is the Skilled Worker Visa application process?
To apply for a Skilled Worker Visa a skilled migrant needs a job offer from a sponsoring employer as well as a Certificate of Sponsorship. The Work Visa application is then made online together with the relevant supporting paperwork and fees.
Although an employer has provided their new skilled worker with a Certificate of Sponsorship the employer still needs to carry out right-to-work checks before the new employee commences their employment.
How can OTS Solicitors help?
As expert Business Immigration Solicitors our specialists can help with all your sponsor licence application needs as well as providing training, troubleshooting, visa application advice and sponsor licence management services.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
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