20th January, 2021
The way you employ from outside the UK has Changed
Below are some of the key points in which the way you employ from outside the UK has changed.
Will your business need to hire employees from the EU?
Free movement ended at 11pm on 31 December 2020, which means that the way you hire from the EU has changed. The Home Office introduced the new points system on 01 December 2020, which transformed the way employers will recruit skilled workers from abroad.
The new points system applies to all EU nationals not living in the UK by 31 December 2020 and other skilled workers across the globe.
Irish citizens will continue to exercise their right to live and work in the UK as before.
How to sponsor staff from overseas?
Employers must first apply to the Home Office to become an approved sponsor. You will need to check that you are eligible to apply and must have the appropriate systems in place to be a sponsor.
You must choose the category of licence you want to apply for, which will be determined by the type of skilled worker you wish to employ.
The Home Office will usually make a decision on your application within 8 weeks, and if successful, you will be granted a sponsor licence for 4 years. You will be able to submit a request for Certificate of Sponsorship for the worker you wish to employ using your Sponsor Management System (SMS).
What are the key requirements for a skilled worker?
- A confirmed job offer from an approved sponsor
- The job must be at the appropriate level and on the list of approved occupations
- The salary must be at least £25,600 (or going rate for the occupation, whichever is higher) – an employee may be paid less that the salary threshold in some cases
- English language requirement at the required level
What additional requirements must the business meet after becoming an approved sponsor?
You will need to ensure that you understand and fulfil your duties and responsibilities as a licensed sponsor. Your licence may be downgraded, suspended, or withdrawn if you fail to perform your duties.
If you would like to become an approved sponsor or want advice on your duties as a sponsor, please contact Adam Haines, Employment Law Partner by calling 01244 405 433 or email [email protected]
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