What You Need to Know About Recruiting Through the UK’s Immigration Laws

28 de April, 2023

If you’re a business owner or an HR manager, it’s likely you’ve come across some of the UK’s immigration regulations when recruiting international talent. Trying to decipher them can be complicated and time consuming but don’t worry. Sesame is here to help your recruitment phase.

With our expertise in both talent acquisition and UK immigration law, we can guide you through the process of recruiting overseas employees, ensuring your business stays compliant with all relevant regulations.

In this article, we’ll cover the basics of UK immigration law so that you can better understand what you need to consider and what processes to follow when considering recruiting abroad. Let’s begin our tutorial!

An Overview of the UK’s Immigration Laws

If you’re looking to recruit talent in the UK, the rule of thumb is to navigate the UK’s complex system of strict immigration laws. To that end, it helps to understand the basic background of UK immigration law.

The UK operates a points-based system based on skill level, qualifications, salary and occupation type. This system helps employers decide which applicants can work legally in the country.

Furthermore, employers are required to obtain a sponsor licence from the Home Office in order to hire people from certain countries — so it’s important for businesses to know about the requirements for both them and their potential employees.

In addition, employers must ensure that their potential employee has a valid visa—and depending on the employee’s nationality and job category they may need to submit an application for visa approval before they can begin their employment in the UK. It is also key to remain aware of any changes in visa regulations—as these laws change often and could have unique implications for recruiting talent throughout Europe.

Employer Sponsored Visas

If you are looking to recruit international talent in the UK, employer sponsored visas are one of your best options. This type of visa requires an employer to take on responsibility for the costs, management and upkeep of the recruitment process. And that’s not all — you’ll also need to provide evidence that the prospective employee has the relevant skills and experience for the role.

The good news is that there are a variety of applications available for employer sponsored visas. These generally relate to skilled workers or those with particular qualifications, such as medical professionals. As long as you can demonstrate why recruiting from outside of the UK is essential for your business, you can apply for any one of these visa categories:

• Tier 2 (General): For migrant workers who have an existing job offer from a UK-based sponsor
• Tier 2 (Intra-Company Transfer): For multinational companies looking to transfer staff between offices
• Tier 5 (Temporary Worker): For contract work or short-term projects lasting six months or less

By understanding the different types of visas available and the evidence needed to support each application, you’ll be able to successfully navigate UK immigration laws and recruit international talent with confidence.

The Points-Based System for Visa Applications

You may have heard of the UK’s Points-Based System for visas, but not know the specifics. For talent recruitment, it’s important to understand, as it governs who can work in the UK and who cannot, as well as when they can start.

The Basics

The Points-Based System is a set of immigration rules that assesses applicants based on their skills and experience. To be successful in their application for a visa, individuals need to score 70 points or more based on criteria such as their qualifications level and English language proficiency.

Finding Out Your Eligibility

The best way to find out whether an individual is eligible for a visa under the Points-Based System is to get a detailed evaluation from an HR expert or accredited lawyer. They should be able to assess an individual’s skillset and advise them how many points they are likely to receive from a visa application.

Documents Needed for Visa Applications

For visa applications made through the Points-Based System, individuals must provide documents such as:

• Passport or travel ID
• A job offer letter outlining job requirements, salary and responsibilities
• Evidence of qualifications
• Documentation confirming English language proficiency (TOEFL/IELTS)

It’s important to ensure that all documents are up-to-date and correct when submitting an application; any discrepancies could result in the application being either delayed or rejected entirely. Additionally, you might also need additional documents depending on an individual’s particular circumstances — it’s wise to consult with a professional before submission for advice.

The Global Talent Visa

If you’re looking to recruit talent from outside the UK, then the Global Talent Visa could be a useful one to consider. This visa is meant for people who have ‘exceptional talent’ or ‘promise’ in areas like science, engineering, humanities and the arts. It’s a great way to attract a diverse range of talent from around the world.

But here’s what you need to know about the Global Talent Visa:

• You need an endorsement from a designated UK body—for example, one from Tech Nation if it’s for tech talent.
• You must state that you have ‘exceptional talent’ or ‘exceptional promise’ in your field of expertise.
• You must provide evidence of your achievements in the form of either awards or publications.
• And you must demonstrate that you will contribute to the development of science and technology, as well as economic growth in the UK.

This visa also allows multiple entries over a period of five years, so if you’re recruiting talented individuals from outside the UK, don’t forget to look into this option!

Unskilled Worker Visas

When looking to hire someone from outside the UK, you may need to apply for an unskilled worker visa. This type of visa applies to positions that don’t require a degree or a lot of experience.

The job must pay the “appropriate salary” as determined by the government—that is, it must match up with what a British citizen would make for doing the same job. There are also rules about which types of jobs can make use of this visa, so be sure to double-check before applying.

Additionally, employers that are looking to hire someone on an unskilled worker visa will need to meet certain criteria, like:

• A valid sponsor licence
• Comprehensive public and employer liability insurance
• At least two years’ worth of company accounts
• Proof that they’re compliant with health and safety regulations

Again, make sure you double-check with taking all necessary steps in applying for an unskilled worker visa, as there are a lot of rules and regulations that govern this type of immigration process. But if you do your homework and follow the rules correctly, you should have no problem bringing in foreign talent with this type of visa.

UK immigration law can be tricky, but with the right HR software, the process of recruiting global talent shouldn’t be. Sesame makes it easy to confidently manage visa requests and applications in the UK, ensuring that employers can recruit the global talent they need without the hassle and worry of getting it wrong.

With Sesame, employers can easily track progress, stay compliant, and effectively manage their global teams, giving them the peace of mind that comes from trusting a reliable HR solution.