Despite the national headlines highlighting strict curbs on the recruitment of foreign workers, just at the moment it is far easier than you think to hire skilled overseas workers to fill specialist vacancies – providing you follow the correct procedures. One such sector that has highlighted the shortage of skilled workers is high precision engineering, which could now consider employing workers from overseas to support their business needs.
Obtaining a UK Border Agency (UKBA) sponsor licence (necessary for employing overseas workers) is not as complicated as it may seem. Once a sponsor licence is obtained, then employers have the option of hiring migrant workers under Tier 2 of the Points Based System by assigning a Certificate of Sponsorship. This is the replacement process for the former work permit scheme.The first option is for the hiring company to sponsor potential overseas employees to relocate to the UK under Tier 2 (General) which permits skilled overseas workers to obtain a working visa.
Although there is a monthly cap of 1,500 certificates available for overseas workers, in practice this route has been grossly undersubscribed since its introduction in April this year so there are over 7,500 certificates currently available for use by employers. Allocation of these certificates (known as “restricted” certificates because there is an overall limit on their number), is based on a points system which is dependent on salary, skill level of the job and type of occupation. The job must first be advertised to the resident labour force but in the absence of a suitable candidate an application for a restricted certificate can be made.
The second option is hiring an overseas national working for a different company in the UK. Again, the job must be advertised to the resident labour force but if no suitable candidate is found the employer should be able to assign a different type of certificate known as an “unrestricted” certificate. These types of certificate are more easily obtained by sponsor licence holders as they are not subject to the monthly limit.
International firms may also transfer skilled/established staff from their linked offices overseas to the UK, without having to ‘test’ the resident labour market, if they have the appropriate sponsor licence.Lastly, employers may be able to recruit overseas students who have obtained a degree or post-graduate qualification in the UK in the last 12 months. These graduates can switch into the Tier 1 Post Study Work category, allowing them to work in any capacity in the UK for 2 years. After working for the same employer for 6 months, they can switch to be sponsored by the employer under Tier 2 on an unrestricted certificate, without having to advertise the job.
On a different note, if you are an employer who already has a sponsor licence, our business immigration team can help you ensure that you have the correct Human Resources systems in place as required by the UKBA. We have noticed that UKBA are undertaking an increasing number of compliance visits, so employers need to be prepared as an unsatisfactory audit can result in the sponsor losing their licence or having it downgraded. In addition an action plan may be imposed on them at a cost of £1,000 and they may be unable to sponsor further overseas workers until the licence has been upgraded again.
For more information about obtaining a UK Border Agency sponsor licence, please contact
Marian Dixon, head of business immigration.
