Sponsoring a worker in the UK has become an increasingly important procedure for businesses to expand their talent pool and meet operational demands. Many employers question whether it is possible to sponsor a worker who is already in the UK. The answer can be yes, provided certain eligibility criteria and procedural requirements are met. Understanding the intricacies of this process is paramount in ensuring compliance and achieving a successful outcome.
This comprehensive guide outlines the key considerations, eligibility criteria, and steps involved in sponsoring a worker already present in the UK.
Eligibility Criteria for Sponsoring Workers Already in the UK
To sponsor a worker who is already in the UK, certain conditions must be met. The eligibility criteria depend upon the visa status of the individual, job role, and the type of sponsorship required.
Current Visa Status of the Worker
The worker's visa type currently issued makes a difference in his or her sponsorship eligibility. The most typical categories under which sponsorship eligibility is permissible include:
Tier 4 - Student Visa Holders: Those who are nearing completion of their studies and intend to join skilled employment;
Dependent Visa Holders: Family members of visa holders who can switch to a sponsored work visa under conditions.
Graduate Route Visa Holders: Those on the post-study work visa who can switch to a Skilled Worker visa.
Workers on some visas, for example, the Visit Visa are not permitted to switch to any type of sponsored work visa in-country.
Job Role Requirements
The job role you sponsor must satisfy the relevant criteria as stated by the UK Home Office. These include:
The occupation must be on the eligible occupations list.
It must be a job that usually would attract at least the minimum salary threshold, which is £26,200 per year or £10.75 per hour, unless exemptions apply.
The job must be in an occupation that is on the Standard Occupational Classification (SOC) codes.
Employer Responsibilities
You must have a valid sponsor licence to lawfully sponsor a worker. If you do not already hold a licence, you will first need to apply for a sponsor licence and show you can meet the sponsorship responsibilities.
Benefits of Sponsoring a Worker Already in the UK
Sponsoring a worker who is already in the UK offers several advantages, both for employers and employees.
Streamlined Process
Since the individual is already in the country, the process often eliminates complexities like international travel arrangements, visa issuance delays, or relocation concerns.
Familiarity with UK Culture and Workforce
Workers already resident in the UK will most probably be familiar with local business ways, cultural mores, and regulatory regimes, which will ease their integration into your organization.
Wider Access to Talent
There are many people who are already in the UK-for example, students or dependants-who have the skills that your business needs. You can sponsor such candidates to utilize this wider talent.
Step 1: Get a Sponsor Licence
If you don't already hold a sponsor licence, you must apply for a sponsor licence through the UK Home Office. This is done by submitting the necessary documentation, paying the required fee, and ensuring your HR systems can manage sponsorship duties effectively.
Step 2: Confirm Job Eligibility
Ensure the role you're offering meets the criteria for sponsorship under the Skilled Worker visa or other relevant visa categories.
Check the salary and skill requirements.
Check that the job is not on the exclusion list.
Step 3: Check Worker's Eligibility
The employee must have a visa type to allow them to switch to a sponsored visa from within the UK. Check their conditions of the current visa to understand whether they are eligible for it.
Step 4: Assign a Certificate of Sponsorship (CoS)
Once your licence is approved, you can assign a Certificate of Sponsorship to the worker. This is an important document for their visa application.
Step 5: Support the Worker's Visa Application
The worker will apply for their visa, using the CoS for either the Skilled Worker visa or other appropriate visa route. Make sure they apply within the time frame so they do not overstay their current visa.
Possible Issues when Sponsoring Workers in the UK Already
Inability to Switch Cases
Certain workers will have visa types that cannot switch in-country to a sponsored visa. They will have to go back to their home country and apply from there.
Compliance Audits
The UK Home Office can conduct audits to ensure your sponsorship activities are in compliance with the law. Failure to comply results in fines or loss of licence.
Expensive
Sponsoring a worker involves various costs, including sponsor licence fees, immigration health surcharge, and visa application fees. Employers must budget for these expenses to avoid financial strain.
Post-Sponsorship Responsibilities
Sponsorship does not end with visa approval. Employers must fulfill ongoing responsibilities to maintain compliance with UK immigration laws.
Record-Keeping
Maintain up-to-date records of the sponsored worker’s contact details, work assignments, and visa status.
Reporting Changes
Report significant changes, such as a change in job role, salary, or worker's immigration status, to the Home Office.
Monitoring Compliance
Regularly conduct internal audits to ensure compliance with sponsorship obligations.
Legal and Professional Support
Given the complexities of sponsorship, seeking professional advice can considerably enhance the process. Legal experts will be able to guide you on how to apply for a sponsor licence, prepare necessary documentation, and ensure compliance with UK immigration laws.
Conclusion
Sponsoring a worker who is already in the UK: under the right circumstances, it can be a workable and rewarding process. If the employer is eligible and observes the legal formalities, there are further ongoing obligations that businesses should consider to effectively sponsor skilled workers and help them improve their workforce.
For expert advice on sponsorship matters, including how to apply for a sponsor licence, partnering with knowledgeable professionals will ensure a seamless experience.
