UK immigration news: Welcome changes for UK employers

Resident Labour Market Test gets scrapped

Under the current system, jobs that are not on the UK shortage occupation list need to undergo the Resident Labour Market Test (RLMT). The purpose of this is to demonstrate that the vacancy is genuine and that there are no workers living in the UK who are suitable for the job. A suitable worker is anyone who has the right to live and work in the UK, such as a British citizen, EU national (until 31 December 2020) or someone with indefinite leave to remain (ILR). 

Employers have to place at least two adverts for the job that must run for at least 28 days. Once you have demonstrated that there are no suitable UK applicants, you may begin the application process to hire workers from outside the UK.

From January 2021, the RLMT will no longer apply and employers will be allowed to consider all candidates “equally”, regardless of their immigration status. Sponsors must still be seeking to fill a genuine vacancy which complies with the skills and salary thresholds of the new Skilled Worker visa. Roles cannot be created solely to facilitate the entry of a specific migrant into the UK.

Skilled Worker visa cap suspended

To streamline and simplify the sponsorship process, the UK government will be suspending the cap on the Skilled Worker visa. This means that there will be no limit on the number of skilled workers who can come to the UK. It’s important to note that the cap has only been suspended, which means that it could be reintroduced at a later stage.

Other changes to the Skilled Worker visa include:

• The minimum skills threshold has been reduced from the current NQF Level 6 (graduate level), to NQF Level 3 (A-level standard)
• The minimum salary level has been reduced from £30,000 to £25,600, or the going rate for the job (as per the applicable Standard Occupational Classification), whichever is higher
• Those on a Youth Mobility Scheme visa (T5), Intra-company Transfer visa and a points-based system dependant (and many more) can now easily switch to a Skilled Worker visa

Employers still need a sponsorship licence

To employ a person from outside the UK, you will need to apply for a sponsorship licence. To be eligible for a sponsorship licence your company needs to prove:

• It holds no unspent criminal convictions for immigration offences or other crimes, such as fraud or money laundering
• The offer of employment is genuine and meets the skill level and appropriate rates of pay
• Appropriate systems have been put in place to monitor sponsored employees

Monitoring employees – what it means

To monitor your employees effectively, you must have HR systems in place that let you:

• Monitor your employees’ immigration status
• Keep copies of relevant documents for each employee, including passport and right to work information
• Track and record employees’ attendance
• Keep employee contact details up to date
• Report to UK Visas and Immigration (UKVI) if there is a problem, for example, if your employee stops coming to work

How to apply for a sponsorship licence

Types of licences

The first step in the application process is to determine whether you need someone on a long- or short-term basis. If you’re hiring someone for a permanent or long-term position, you’ll need to apply for a Worker licence. If you want to employ a worker on a temporary basis, you could apply for a Temporary Worker licence.

Worker licence

You can apply for a Worker licence for the following job roles:

• Skilled Worker
• Intra-company visas – this includes Intra-company Transfer and Intra-company Graduate Trainee
• Minister of Religion
• Sportsperson 

Temporary Worker licence

A Temporary Worker licence is required for the following roles:

• Creative or Sporting Worker
• Charity Worker
• Religious Worker
• Government Authorised Exchange Worker
• International Agreement
• Seasonal Worker 

Apply for a sponsor licence

You will need to apply for your licence online and then post your submissions sheet and the correct supporting documents to UKVI. The supporting documents serve to prove that you’re a genuine business and they must be the originals or certified copies.

If these documents are incorrect and/or don’t provide sufficient proof, your application could be refused.

Sponsorship licence fees

You need to pay a fee when you apply. The fee depends on the type of licence you’re applying for and what type of organisation you are.

Type of licence	Fee for small or charitable sponsors	Fee for medium or large sponsors
Worker	£536	£1,476
Temporary Worker	£536	£536
Worker and Temporary Worker	£536	£ 1,476
Add a Worker licence to an existing Temporary Worker licence	No fee	£940
Add a Temporary Worker licence to an existing Worker licence	No fee	No fee

Be prepared and avoid possible application delays

With the recent changes making it much easier to employ workers from outside of the UK, more employers will be looking to apply for a sponsorship licence. In addition, there is likely to be an increase in applications from EU nationals wanting to work in the UK. This means that the Home Office is likely to experience delays in processing licences and visas.

With the clock ticking down to the new year, it’s important to get ahead to ensure your business is prepared and clued up on the new hiring practices. Getting the right advice and assistance can go a long way in ensuring that you meet all the requirements and avoid delays in the processing time. 

If your business is looking to secure a sponsor licence or if you need advice on how to prepare for the changes, get in touch with us on +44 (0) 20 7759 5307 or send us an email at workpermits@sableinternational.com.