UK employers wishing to hire workers from the EU now have to apply for a sponsor licence in order to sponsor the EU worker for a Skilled Worker visa or T5 Temporary Worker visa if that worker is currently outside the UK. However, if the EU worker was already in the UK by 31 December 2020 and they have status under the EU Settlement Scheme (Pre-Settled or Settled Status), then they are able to undertake any employed work in the UK without having to apply under the new points based system for the aforementioned sponsored visas.
What is the new points based system for sponsoring workers from the EU?
At the latter end of 2020, the UK rolled out a new points-based system which was expanded to include EEA nationals from 1 January 2021. This new points-based system came about largely in part due to the end of the Brexit transition period and end of free movement. Migrant workers from the EEA who are not entitled to leave under the EU Settlement Scheme will have to apply for the Skilled Worker visa and ensure they understand and satisfy the requirements listed under Appendix SW to the Immigration Rules. As a points based system application, Applicants must score 70 points to be eligible for a Skilled Worker visa; of which 50 points out of the total 70 must fall in the mandatory criteria, and the remaining 20 points will be awarded under the tradable section. 20 mandatory points for sponsorship, 20 mandatory points for job at a suitable skill level, 20 tradable points for salary and 10 mandatory points for English language.
What is a Sponsor Licence for sponsoring workers from the EU?
A UK business is required to have a Sponsor License so that they can employ a worker from outside the United Kingdom, which since 1 January 2021 has extended to also apply to citizens of the EU. Sponsors have a duty to remain compliant with the UK’s Immigration Rules in order to combat illegal working. If an employer is granted a Sponsor Licence by the Home Office, they can then issue a Certificate of Sponsorship (CoS) to the migrant worker in order for them to apply for their sponsored work visa.
What is a Skilled Worker Visa?
A Skilled Worker Visa is a way in which EU nationals can rely on their skills and qualifications in a way to gain access to the UK job market and undertake sponsored work. This route was previously known as a Tier 2 (General) visa and did not include EU nationals prior to Brexit. The UK is open to migration in terms of skilled work, provided that certain criteria has been met such as;
- the migrant has an offer of a job from a UK employer with a Sponsorship Licence; and
- the job meets the required skill level and minimum salary threshold; and
- the migrant has a been assigned a CoS from their potential employer; and
- the migrant meets the English language requirement either by passing an English language test, being a national from a majority English speaking country or has a degree taught in English; and
- the migrant can meet the financial requirements either by having enough to support themselves or having the maintenance certified by the potential employer on the CoS.
In certain professions or country in which the migrant is applying from, there will also be a requirement to produce a criminal record certificate and TB test certificate.
Applicants can “switch” into the Skilled Worker visa from within the UK from most other visa types, for example the Tier 4 Student and Tier 2 (General) visas under the old points based system; as long as they have received a valid CoS from a sponsored employer.
What is a T5 Temporary Worker Visa?
A T5 Temporary Worker visa is for work on a temporary basis (unlike the skilled worker which is for a longer period of up to 6 years and can lead to settlement). The T5 Temporary Worker is commonly split in to 6 categories:
- Creative or Sporting Worker – work as a high-level sportsperson (up to 1 year), entertainer or artist (up to 2 years);
- Charity Worker – for which is defined a unpaid workers at a charity (up to 1 year);
- Religious Worker – for those working in a religious organisation (2 years);
- Government Authorised Exchange Worker – work experience (1 year), research projects or training, for example practical medical or scientific training (2 years) to enable a short-term exchange of knowledge and training;
- An International Agreement Worker – where the worker is coming to do a job which is covered by international law, for example employees of overseas governments;
- A Seasonal Worker – for those coming to the UK for up to 6 months to do farm work. These workers previously would have been considered to be in Tier 5 Temporary Worker visa but due to Brexit this is now has a provision for EU national workers.
Can I hire an EU national with Pre-Settled or Settled Status?
EU, EEA and Swiss nationals (and their family members) who were present in the UK by 31 December 2020 do not have to apply for the Skilled Worker Visa and T5 Temporary Worker visa to work in the UK as long as they apply under the EU Settlement Scheme by 30 June 2021 in order to secure their status in the UK. Applicants will be granted Pre-Settled Status for a period of 5 years, after which they can then switch to Settled Status (also referred to as Indefinite Leave to Remain). Under both Pre-Settled and Settled Status, EU nationals are free to work for any employer in the UK without needing sponsorship provided they are able to demonstrate they have valid status under the Scheme.
How can our immigration solicitors in London assist with EU worker visas?
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a skilled worker visa or T5 temporary worker visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. We can also assist with applications under the EU Settlement Scheme; and Applicants should be aware of the deadline of 30 June 2021 to apply to the Scheme if they have not already done so.
Using our Immigration Solicitors in London submit an application to sponsor skilled workers from the EU
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a new points based system application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
Caseworkers at the Home Office are trained to reject applications, which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully submit an application to sponsor a skilled worker from the UK with our Immigration Solicitors in London
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a skilled worker visa application and ensure that you meet all the requirements under the Immigration Rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a new points-based system application to sponsor EU workers.
Contact our London immigration solicitors on 02071830570 or complete our contact form.