Venturing into the UK business environment requires a solid understanding of local regulations, particularly concerning visas. These are crucial elements for global teams aiming to expand. As a specialised Employer of Record in the UK, we possess in-depth knowledge of British visas and local regulations. Understanding these details is essential for legal compliance and successful business operations when bringing in new talent or expanding your business in the UK.

This article highlights the key points you need to know to integrate your workforce within the UK’s legal framework smoothly. We will explain the various visas, the visa requirements, the types of visas that may suit you, and the necessary steps to obtain them.

Who needs a visa to work in the UK?

Generally, “work permit” and “work visa” are interchangeable in the UK. To live and work in the country, your employee will need a relevant work visa, which acts as a work permit and gives the holder the right to leave and enter the UK.
When you hire someone in (or relocate someone to) the UK, you must conduct a right-to-work check per the UK government’s guidelines. This check establishes whether your employee can work legally in the UK.

Permanent residents and settled status

Permanent residents with indefinite leave to remain (ILR) status are also eligible to work in the UK, as are those who:

• Have settled status in the UK and are citizens of the European Union (EU), Switzerland, Iceland, Norway, or Liechtenstein
• Are citizens of the Republic of Ireland
• Can prove they have the right of abode in the UK
• Are stateless and unable to live permanently in another country (subject to application)

If your employee is not a British or Irish citizen or a permanent resident, they must acquire a valid work visa.

The UK’s Points-Based Immigration System

The UK operates a points-based immigration system for most work visas. Applicants need to accumulate at least 70 points to be eligible for a work visa. Here’s how the points are assigned:

• Mandatory Points (50 points):
  • Job Offer from an Approved Sponsor (20 points): The employee must have a confirmed job offer from a licensed UK employer.
  • Skill Level (20 points): The role must meet a minimum skill requirement, typically equivalent to A-level qualifications.
  • English Language Proficiency (10 points): The employee must demonstrate their ability to communicate effectively in English.
• Tradeable Points (20 points):
  • Salary Threshold: Meeting the minimum salary of £26,200 per year or £10.10 per hour, or £23,040 if the job is in a shortage occupation.
  • Shortage Occupation: Roles listed in the UK’s Shortage Occupation List provide additional points.
  • Educational Qualifications: A PhD related to the job or STEM qualifications may contribute.

This system ensures that visa applicants meet the UK’s skill and economic requirements, streamlining the process for employers to attract and retain global talent. For detailed and up-to-date information, refer to the UK government’s official guidance on the points-based immigration system.

Getting a work visa in the UK

For your employee to receive a valid work visa, you — as the employer — must first sponsor them. To do this, you must apply for a sponsor license, where the authorities will assess whether your business is eligible and whether the job role is suitable for sponsorship.

If your application for a sponsor license is successful, you’ll be given a license rating and be able to sponsor your employee’s visa application. Your employee will also need to meet the points-based system requirements as part of their visa application.

Types of UK visas

There are numerous types of work visas in the UK. The visas that may be of interest to you are:

Skilled Worker visa

This visa is for workers in jobs deemed ‘skilled’ by the UK government.
To qualify for a Skilled Worker visa, the employee must:

• Work for a UK employer that’s been approved by the Home Office
• Have a ‘certificate of sponsorship’ (CoS) with information about the role the employee has been offered in the UK
• Do a job that’s on the list of eligible occupations
• Be paid a minimum salary – how much depends on the type of work and the date the employee got their CoS

Global Business mobility visa

There are several versions of this visa, depending on your employee’s role and experience:

• Senior or Specialist Worker Visa: This replaces the previous Intra-company Transfer visa and is designed for existing employees relocating to the UK. Your employee must be in an eligible role and earning a minimum of £45,800 per year.
• Graduate Trainee Visa: This is for employees who are on an eligible graduate trainee scheme.
• Service Supplier Visa: If your company provides contracted services to a UK business, your employee may be eligible for this type of visa.

Temporary work visa

If your employee’s relocation is temporary, several visa types may be applicable, including seasonal worker and creative worker visas.
You can see a full, detailed list of all valid work visa types on the UK government website.

Eligibility requirements for work visa in the UK

Each visa type has its specific eligibility criteria based on relevant factors, such as your employee’s role, experience, and background. However, as mentioned, almost all work visas require employee sponsorship (unless explicitly stated otherwise). Almost all UK work visas fall under the points-based immigration system. As such, employees must meet specific criteria, including sponsorship and achieving the required points based on their role, salary, and skills.

In most cases, your employee must also speak, read, write, and understand English. They will usually need to prove this knowledge during the visa application process.

Why use an Employer of Record when hiring in the UK?

Expanding your team into the UK presents an exciting opportunity, but navigating work visas can be challenging due to the complexity and varying requirements for each situation. This is where the British Employer of Record can be of great assistance. Specialising in helping companies expand internationally into the UK, we can handle all the stress and hassle of the process and ensure that all necessary steps are smoothly taken care of. Some of the advantages of using an EOR include:

• Compliance: The Employer of Record in the UK guarantees that all legal and regulatory requirements are met, thereby reducing the risk of non-compliance.
• Payroll and Benefits: We manage the payroll and benefits for your employees in the UK, ensuring that payments are made accurately and promptly.
• Streamlined Hiring: All the paperwork involved in the hiring process is handled, making the overall process faster and more efficient.
• Expertise: We possess extensive knowledge of local labour laws and visa requirements, providing valuable guidance throughout the expansion process.

How British Employer of Record can help

British Employer of Record can manage the entire process of hiring and onboarding employees in the UK, from obtaining work visas to setting up payroll. This allows you to focus on growing your business without worrying about the complexities of UK employment law. Visit our hiring of a highly skilled migrant page for assistance.

Expanding your business into the UK can open up numerous possibilities. You can ensure a smooth and compliant transition by partnering with the Employer of Record in the UK. Get in touch today to begin your successful business expansion into the UK.