The UK continues to be an attractive destination for global talent, offering a vibrant economy and diverse opportunities. For businesses looking to tap into this international pool of skilled workers, understanding the intricacies of the employer sponsored visa system is paramount. Recent changes and ongoing developments mean that employers must be more vigilant than ever to ensure compliance and a smooth process for their prospective employees.
The Foundation: Obtaining a Sponsorship Licence
Before any international recruitment can take place, a UK business must hold a valid sponsorship licence from the Home Office. This licence authorises an organisation to sponsor skilled workers from outside the UK. The application process involves demonstrating that your business is genuine, actively trading, and has robust HR systems in place to manage sponsorship duties.
The Home Office maintains a public register of licensed sponsors, and it’s essential for both employers and potential employees to verify this status. The licence is typically granted for a period of four years, with ongoing compliance duties required to maintain it. Failure to adhere to these duties can result in penalties, licence suspension, or even revocation.
Key Visa Routes: The Skilled Worker Visa
The primary route for employer sponsored migration is the Skilled Worker visa. This visa is designed for individuals who have received a job offer from a licensed UK employer. To be eligible, the job must meet specific skill level requirements, generally at RQF Level 6 (degree level or equivalent) from May 2025 onwards, and the salary offered must meet the minimum threshold or the “going rate” for that occupation, whichever is higher.
Recent policy changes, as outlined in the May 2025 immigration white paper, indicate a stricter approach. The minimum salary thresholds are expected to rise, and the Immigration Salary List, which previously offered discounts for certain shortage occupations, is being abolished. Employers should anticipate increased costs, including a 32% rise in the Immigration Skills Charge.
The Application Process: A Step-by-Step Overview
For a prospective employee, the Skilled Worker visa application generally involves:
- Job Offer and Certificate of Sponsorship (CoS): The employer must issue a valid Certificate of Sponsorship, a unique reference number proving that the job and candidate meet the visa requirements.
- Meeting Eligibility Criteria: This includes demonstrating English language proficiency (now at CEFR Level B2 for new applicants), meeting the salary threshold, and having sufficient personal savings (unless the employer certifies maintenance).
- Document Submission: Providing a valid passport, the CoS reference number, job details, and other supporting documents.
- Biometric Enrolment: Attending an appointment to provide fingerprints and a photograph.
Processing times can vary, but the Home Office generally aims to decide on straightforward applications from overseas within three weeks.
Challenges and Considerations for Employers
The evolving immigration landscape presents several challenges. Employers must:
- Stay Informed: Keep abreast of policy changes and updates to immigration rules.
- Ensure Compliance: Maintain meticulous records and adhere to all sponsorship duties to avoid issues.
- Plan Ahead: Anticipate longer processing times and increased costs when budgeting for international recruitment.
- Focus on Genuine Vacancies: The Home Office scrutinises job offers to ensure they are genuine and meet the required skill levels.
For comprehensive guidance and expert assistance in navigating the complexities of employer sponsored visas, businesses can find invaluable support and resources at Vanessa Ganguin Immigration Law. Their expertise can help ensure a smooth and successful immigration journey for both employers and their international hires.