What Employers Need to Know About Work Permits in the United Kingdom
The UK work permit system can be complex and ever-changing, but with the right information, it can open doors to a diverse pool of skilled professionals. In this guide, we'll break down the different types of work permits, eligibility requirements, application processes, and your responsibilities as an employer.
Work Permits in the UK: An Overview
Work permits in the UK are the same as work visas - they are a document issued by the UK Visas and Immigration (UKVI), a department of the Home Office, permitting foreign nationals to work in the UK for a specified period.
Note that the government uses a Points Based System to grant work visas to foreign nationals. To meet the requirements, a foreign employee must show that she meets the eligibility criteria for their chosen visa. This system helps prioritise skills and qualifications over their country of origin.
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Who Needs Work Permits in the UK?
Anyone who isn’t a citizen of the United Kingdom must have a valid work permit if they wish to work in the country. The only ones exempted are Irish nationals.
Hence, if you are an employer wishing to hire someone from another country, your job offer must be contingent on their right to work as evidenced by a valid work permit.
This is very important because hiring a foreign national without a valid work visa is considered illegal employment, and there are legal consequences to this. Learn more about Right to Work in the UK here.
The Consequences of Illegal Employment
In the UK, employers hiring individuals without the right to work face severe consequences. These include hefty fines, up to £45,000 per illegal worker for a first offence, and even potential imprisonment. Moreover, their reputation and business can suffer significant damage, leading to loss of trust and clients.
The good news is, the government has now made it easier for employers to check an individual’s right to work through an online share code. Learn more about it here.
Legal Framework Around UK Work Permits
The legal framework governing work visas are designed to regulate the entry and employment of foreign nationals. It helps ensure that foreign nationals entering and working in the UK have the skills and qualifications required to carry out their role. Regulating their entry also aids in keeping the labour market healthy.
The bedrock of the UK's work visa policy is the Immigration Rules, a set of regulations issued by the Home Office. These rules outline the eligibility criteria, application procedures, rights, and responsibilities of visa holders. They also cover the various types of work visas available, each with specific requirements. These rules also govern the Points Based System and the employee sponsorship.
Types of UK Work Permit, Eligibility, and Length of Stay
Understanding the different types of work permits in the UK is crucial for employers because the type dictates what work can be done by the foreign employee and for how long. Here are the types of visas depending on the employment situation.
You Have a Job Offer
If you have a job offer, there are two popular work Visas in the UK:
Health and Care Worker Visa
This visa is for medical professionals who want to work in the UK for the NHS, an NHS supplier, or in adult social care. To be eligible, the employee must:
- Be a qualified doctor, nurse, health professional, or adult social care professional and work in an eligible health or social care job.
- Work for a UK employer approved by the Home Office (hence, you must be approved)
- Have a certificate of sponsorship from you, and be paid a minimum salary.
- Be able to support themselves by showing their bank account (unless you as an employer can cover for them at least in the first month)
This visa can last for up to 5 years before you need to extend it.
Application fee depends on how long the employee stays in the UK: £284 for up to 3 years, £551 for more than 3 years. Learn more about this visa here.
Skilled Worker Visa
This visa allows employees to work in the UK for an approved employer in an eligible job. To be eligible, the employee must:
- Work for a UK employer that’s been approved by the Home Office
- Have a certificate of sponsorship from you,
- Do a job that’s on the list of eligible occupations, and be paid a minimum salary.
- Be able to support themselves by showing their bank account (unless you as an employer can cover for them at least in the first month)
This visa can last for up to 5 years before you need to extend it.
The application fee ranges from £719 to £1,639, and there’s also the need to pay for the health surcharge, which can be up to £1,035 per year.
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You’re Hiring for Temporary or Seasonal Jobs
If you’re looking to hire foreign nationals temporarily (eg. for seasonal jobs), the following UK work permits may be the ones your employees are eligible for:
Seasonal Worker Visa (Temporary Work)
This visa allows individuals to work in the UK for up to 6 months in horticulture (eg. picking fruits) or poultry. To be eligible, the employee must:
- Be 18 or older
- Be sponsored with a certificate of sponsorship reference number
- Be able to support themselves by showing their bank account (unless you as an employer can cover for them at least in the first month)
Note that visas for horticulture only last for 6 months, while the one for poultry is valid from the 2nd of October to the 31st of December. The application fee is £298.
Government Authorised Exchange Visa (Temporary Work)
This visa permits individuals to participate in work experience, training, research, or fellowships in the UK through an approved government-authorised exchange scheme. To be eligible, the employee must:
- Be sponsored with a certificate of sponsorship reference number
- Be able to support themselves by showing their bank account (unless you as an employer can cover for them at least in the first month)
- Be paid at least the minimum wage
The visa duration depends on the program, with a maximum of 12 or 24 months.
The application fee is £298, and there’s also the need to pay for the health surcharge, which can be up to £1,035 per year.
Creative Worker Visa (Temporary Work)
This visa is designed for individuals who have been offered work in the UK's creative industries (eg. dancing, acting). To qualify, the employee must:
- Have a sponsor with a certificate of sponsorship
- Be 18 or older
- Be paid a minimum salary
- Be able to support themselves by showing their bank account (unless you as an employer can cover for them at least in the first month)
- Make a unique contribution to the UK labour market, for example you’re internationally renowned or are required for continuity
The visa allows for a maximum stay of up to 12 months or the duration specified in your certificate of sponsorship plus up to 28 days, whichever is shorter.
The application fee is £298, and there’s also the need to pay for the health surcharge, which can be up to £1,035 per year.
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You Have a Business Overseas and Want to Have Presence in the UK
If you have an existing overseas business and want to establish a presence in the UK (and therefore want to bring in foreign employees), the following Global Mobility Visas may be the best choice:
Senior or Specialist Worker visa
For senior managers or specialists who will be assigned to a UK branch of their overseas employer. To be eligible, the employee must:
- Be an existing employee of an organisations that’s been approved by the Home Office to be a sponsor
- Have a certificate of sponsorship detailing your role
- Do a job in the list of eligible occupations
- Be paid at least £48,500 per year
The holder can stay for up to 5 years, or the time period stated in the sponsorhip - whichever is shorter.
Graduate Trainee visa
This allows foreign nationals to work for their employer in their UK branch. However, the job must be eligible and part of a graduate training programme for a managerial or specialist role. To be eligible, the employee must:
- Be an existing employee of an organisations that’s been approved by the Home Office to be a sponsor
- Have worked for their sponsor outside the UK for at least 3 months immediately before visa application
- Have a certificate of sponsorship detailing your role
- Do a job in the list of eligible occupations
- Be paid at least £25,410 per year
The holder can stay for up to 1 year, or the time period stated in the sponsorship (plus 14 days) - whichever is shorter.
The application fee is £298, and there’s also the need to pay for the health surcharge, which can be up to £1,035 per year.
Secondment Worker visa
Consider a Secondment Worker visa if your overseas company needs to temporarily transfer a skilled employee to the UK to work for a UK client under a high-value contract. For the employee to be eligible, they must:
- Be an existing employee of an overseas organisation.
- Have worked for your overseas employer for at least 12 months outside the UK.
- The overseas employer must have a high-value contract with a UK sponsor that has been approved by the Home Office.
- Have a certificate of sponsorship from your UK sponsor with information about your role.
- The job you will do in the UK must be on the list of eligible occupations.
The holder can stay for up to 1 year, or the time period stated in the sponsorship (plus 14 days) - whichever is shorter.
The application fee is £298, and there’s also the need to pay for the health surcharge, which can be up to £1,035 per year.
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Service Supplier visa
This visa is for foreign employees or self-employed professionals who want to provide services in the UK. The employees/self-employed individual may be eligible if they:
- Are an employee of an overseas business OR a self-employed service provider based overseas.
- Are providing a service to a UK business under a contract covered by a valid international trade agreement.
- Are doing an eligible job. If their job is not on the list of eligible occupations, they may still qualify if they have relevant qualifications and experience.
- Have a certificate of sponsorship detailing their work in the UK.
- Have worked for your employer for at least 12 months outside the UK OR have at least 12 months of professional experience if they are self-employed.
The holder can stay for up to 6 months or 1 year, or the time period stated in the sponsorship (plus 14 days) - whichever is shorter.
UK Expansion Worker Visa
This is for overseas businesses looking to establish a presence in the UK. The visa allows your existing employee to enter and work in the UK to set up a branch office. For an employee to be eligible, they must:
- Have a sponsorship certificate
- Have worked for the overseas organisations outside the UK
- Do a job that’s on the list of eligible occupations
- Be paid the minimum eligible salary required for the job
The holder can stay for up to 1 year, or the time period stated in the sponsorship (plus 14 days) - whichever is shorter.
You’re a Fast-Growing Business in the UK
This visa is designed if you want to hire skilled individuals for your fast-growing UK company known as a "scale-up business." It offers a flexible path for talented workers to contribute to the UK's growing economy. For the employee to be eligible, they must:
- Have a job offer from an approved scale-up business for at least 6 months.
- Have a valid certificate of sponsorship with details about the job.
- Have a job in an eligible occupation list.
- Be paid a minimum salary
The holder can stay for up to 2 years.
UK Work Permit Application Process: How to Help Your Employees
As with any country, the one responsible for work visa application in the UK is the employee. The good news is, it can be done online through the government website. Still, as an employer, you play an indispensable role in the process. For your employee to be approved, you need to:
Have a Licence to Sponsor
Hiring a foreign national means the Home Office needs to grant you the licence to sponsor first. This helps ensure that you’re committed to your sponsorship duties, including monitoring your employees. Learn more about sponsorship here.
Make Sure They Are Applying for the Right Visa
For your employee to have the right to work in the UK, their visa MUST correspond to their role and responsibilities. If not, hiring them can still be considered illegal employment.
Help Them with the Documents
Foreign nationals are required to submit the necessary documents to get approved. These documents include the Certificate of Sponsorship, Job Offer, and identification documents.
Conduct Background Checks
Considering how UK work permits rely on a Points Based System, you may want to conduct background checks prior to extending a job offer. These checks help ascertain that they can score the necessary points (eg. education verification for education attainment, employment history and qualifications checks for skills level, etc).
Furthemore, the Home Office may run background checks on your employees. Conducting one beforehand can give you the peace of mind that the checks by the Home Office won’t come back with significant results that may get them disapproved.
Finally, you need to conduct right to work checks - which involves checking their visa along with other documents.
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Let Veremark Help You with Background Checks
To help streamline your employee’s work permit application in the UK, consider conducting background checks beforehand.
Veremark can conduct not only the necessary checks for a smooth visa application - we can also conduct the background checks you need to ensure you’re hiring the best talent for the role.
From verifying their education, work experience, identity, criminal records, and right to work, you can rest assured that the checks are 100% automated, accurate, and compliant with the relevant regulations.
Order the checks you need today and leave the rest to us.
FAQs
As a general rule, non-British and non-Irish citizens need a work visa (also known as a work permit) to work in the UK.
While most work visas require a job offer from a UK employer with a sponsor licence, there are some exceptions. These include the High Potential Individual (HPI) visa, Graduate visa, and Global Talent visa. These visas have specific eligibility requirements beyond not needing a job offer.
The costs associated with a UK work permit vary depending on the type of visa and your individual circumstances. You will typically need to pay the application fee, healthcare surcharge, and maintenance funds to support yourself in the UK.
FAQs
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