Payroll & People

Visas

There are different requirements for each Visa, however, if you already employ someone from the EEA or employ a Swiss citizen and they are living in the UK by the end of December 2020, along with any family members, they can apply to remain under the EU Settlement Scheme.  Anyone eligible for this scheme must apply before 30^th June 2021.  Follow this link for more Information on the EU Settlement Scheme.

Sponsor Licences

From 1^st January 2021, any employer will need to have a sponsor licence to hire the majority of workers from outside the UK.  There are two sets of guidance; one for an employer and one for an education provider. The application process is available online and should take between 20 and 30 minutes to complete.  Information on the sponsor license and how to apply can be found on the Government site. If you think you will need to employ workers from outside the UK after 1^st January 2020 you should consider applying for a sponsor license now.

After applying to be a sponsor there are then sets of criteria depending on the worker you wish to employ.

Skilled Workers

In order to recruit a person from outside the UK in the ‘Skilled Worker’ category they will need to demonstrate the following:

• they have a job offer from a Home Office licensed sponsor
• they speak English at the required level
• the job offer is at the required skill level of RQF3 or above (equivalent to A level)
• they’ll be paid at least £25,600 or the ‘going rate’ for the job offer, whichever is higher.

If the job will pay less than this - but no less than £20,480 – the applicant may still be able to apply by ‘trading’ points on specific characteristics against their salary. For example, if they have a job offer in a shortage occupation or have a PhD relevant to the job.

There are different salary rules for workers in some health or education jobs, and for “new entrants” at the start of their careers.

Further information on which occupations are at the required skill level and the salaries for these occupations can be found in Annex E of the UK points-based immigration system: further details statement.

There will not be a general route for employers to recruit from outside the UK for jobs offering a salary below £20,480 or jobs at a skill level below RQF3.

Intra-company transfers

If your business wants to transfer an employee from an overseas part of your business to the UK then you can apply for the Intra-Company Transfer route.  You will only be able to use this scheme if they already work for you and will come to the UK to undertake roles that meet the skills and salary thresholds. Again, if you believe you might use this scheme then you should apply as soon as possible.

The criteria for these workers from 1^st January 2021 are:

• be sponsored as an Intra-Company Transfer by a Home Office licensed sponsor
• have 12 months’ experience working for a business overseas linked by ownership to the UK business they will work for
• be undertaking a role at the required skill level of RQF6 or above (graduate-level equivalent)
• be paid at least £41,500 or the ‘going rate’ for the job, whichever is higher

Permission for workers transferred to the UK on the Intra-Company Transfer route is temporary. Workers can be assigned to the UK multiple times, but they cannot stay in the UK for more than five years in any six-year period.

Workers paid over £73,900 do not need to have worked overseas for 12 months and can stay for up to nine years in any ten-year period.

Workers who are transferred to the UK as part of a structured graduate training programme for up to one year can apply for the Intra-Company Graduate Trainee route. The requirements are the same except there are different rules on length of overseas experience and salary.