The UK government is all set to impose new rules regarding hiring employees from all around the world. The approach that was used to hire the employees from the EU has been changed and going to be implemented from 1st January 2021. The employer needs to get them registered as a licensed sponsor to hire people from outside the UK.
A new set of rules have been placed by the government in which Brexit will mark the end of free movement, and the new skills-based immigration system will apply. These rules will bring EU and non-EU applicants in line on the same level.
Currently, non-EU nationals are subject to more strict requirements concerning work opportunities.
Even if someone has settled status or even ETLTR, from 2021, an employer must apply for license from the Home office if he wants to employ EU workers. The employee must meet the skills and income thresholds.
An employer who is not registered as a sponsor can not hire someone from anywhere outside the UK. It is important to note that immigration routes such as Global Talent are ‘unsponsored’. The employer does not require a license to hire employees with an unsponsored visa.
Employers must be aware of the following:
- Increased fees involved in employing migrant workers
- Employers must pay for their license
- each certificate of sponsorship they assign to a worker
- Immigration Skills Charge (a type of charge paid for employing non-UK staff).
Becoming an EU and non-EU Sponsor
To become a sponsor to hire employees outside the UK, the employer should check that:
- The people they are hiring meet the work requirements to come to the UK
- Their business is eligible
To apply, the employer needs to check and look for the license that is a specified category they want to hire people for. Employers must have suitable systems in place to act as a sponsor. Additionally, this whole process can be done through an online portal, and fees can be paid online as well.
Once the employer applies to be a registered sponsor, they will get a decision within eight weeks, which will allow them to recruit skilled workers globally for four years from all over the world with no limitations.
Hiring from Outside the UK
If the employers wish to hire their employees from outside the UK, the job that is being advertised must meet the minimum skill and salary thresholds as below:
- The minimum job skill requirement will be RQF 3 (Regulated Qualifications Framework), which is less than a degree and is equivalent to A-levels. Currently, SOC codes list jobs according to skill level. The current requirement is that a job meets the RQF 6 requirement which is equivalent to a degree/Bachelor’s degree.
- The salary threshold has been reduced from £30,000 to £25,600. Currently, the employer must pay a minimum salary of £20,800/£30,000, and whichever is applicable. The employer must pay the appropriate salary and meet salary requirements according to SOC codes.
- Any applicants from outside the UK must also meet English language requirements.
Our expert solicitors will prepare all the necessary paperwork and advice on the requirements to apply for a Tier 2 sponsor license. Our experienced Solicitors assess your eligibility and consider all the relevant circumstances to be compliant with Home Office requirements. We will provide you the expert advice on procedures required to meet the Tier 2 License Holder obligations. Helping you build and maintain an adequate HR system according to Home Office requirements.