Navigating the complexities of international hiring requires a clear understanding of immigration regulations. The United Kingdom operates a points-based system for work visas, designed to attract skilled individuals who can contribute to the UK economy. This system categorizes various routes for foreign nationals wishing to work in the UK, each with specific eligibility criteria, application processes, and requirements for both the applicant and the sponsoring employer.
For companies looking to employ talent in the UK without establishing a local entity, understanding these visa pathways is crucial. An Employer of Record (EOR) service can significantly simplify this process by handling the sponsorship and compliance obligations, allowing businesses to focus on their operations while ensuring their foreign workers are legally employed and compliant with UK immigration law.
Common Visa Types for Foreign Workers
The UK offers several visa routes for foreign nationals seeking employment, primarily under the points-based system. The most common routes for skilled workers include:
- Skilled Worker visa: This is the primary route for skilled workers. Applicants need a job offer from a UK employer approved by the Home Office, and the job must be at an appropriate skill level (usually RQF level 3 or above). Applicants must also meet salary requirements and demonstrate English language proficiency.
- Health and Care Worker visa: A specific route for medical professionals and care workers who have a job offer from the NHS, an NHS supplier, or adult social care sector employer. It offers lower application fees and an exemption from the Immigration Health Surcharge.
- Global Talent visa: For individuals who are leaders or potential leaders in academia or research, arts and culture, or digital technology. This route does not require a job offer or sponsorship by an employer but requires endorsement from a designated body.
- Scale-up visa: For talented individuals recruited by a UK Scale-up sponsor who have a highly-skilled job offer with a salary of at least £33,000 per year. This route allows for greater flexibility after the initial six months.
Here is a summary of key aspects for common sponsored work visas:
| Visa Type | Requires Sponsor? | Skill Level (RQF) | Typical Minimum Salary (Approx. 2025) | English Language Required? | Path to ILR? |
|---|---|---|---|---|---|
| Skilled Worker | Yes | 3+ | £38,700 (or going rate, whichever is higher) | Yes | Yes |
| Health and Care Worker | Yes | 3+ | £23,200 (or going rate, whichever is higher) | Yes | Yes |
| Scale-up | Yes (initial 6 months) | 6+ | £38,700 (or going rate, whichever is higher) | Yes | Yes |
| Global Talent | No | N/A | N/A | Yes | Yes |
Note: Salary thresholds are subject to change and specific requirements may vary based on occupation code.
Work Permit Application Requirements and Procedures
The process for obtaining a work visa typically involves two main stages: the employer securing a sponsorship license and assigning a Certificate of Sponsorship (CoS), and the individual applying for the visa.
Employer Requirements (Sponsorship)
UK employers wishing to hire foreign workers under routes like the Skilled Worker visa must hold a valid sponsorship license from the Home Office. Obtaining a license involves demonstrating that the business is genuine and capable of fulfilling its sponsorship duties. Once licensed, the employer can assign a CoS to a prospective employee. The CoS is a virtual document containing a unique reference number that the applicant needs for their visa application.
Sponsorship duties include:
- Checking the employee's right to work in the UK.
- Keeping records of sponsored employees.
- Monitoring their immigration status and reporting changes to the Home Office.
- Complying with immigration laws.
Employee Requirements (Visa Application)
The individual applies for the visa online from outside the UK (or sometimes from within, depending on their current status). The application requires:
- The Certificate of Sponsorship (CoS) reference number.
- Proof of identity (passport).
- Proof of English language proficiency (e.g., passing an approved test, holding a degree taught in English).
- Proof of funds to support oneself (unless the sponsor certifies maintenance).
- Tuberculosis test results (if applying from certain countries).
- Criminal record certificate (for certain jobs).
- Details of the job, including salary and occupation code.
Fees and Processing Times:
Visa fees vary depending on the visa type, duration, and location of application. As of early 2025, Skilled Worker visa fees can range from approximately £719 to £1,639 per person for up to 3 years, and £1,420 to £1,639 for over 3 years, plus an annual Immigration Health Surcharge (IHS), which is currently £1,035 per year. The IHS grants access to the National Health Service (NHS).
Standard processing time for most work visas applied for from outside the UK is typically 3 weeks. Priority services are often available for an additional fee, potentially reducing processing time to 5 working days or even 24 hours. Processing times can vary based on the volume of applications and the complexity of the case.
Pathways to Permanent Residency
Many work visa routes, including the Skilled Worker, Health and Care Worker, Global Talent, and Scale-up visas, offer a pathway to Indefinite Leave to Remain (ILR), also known as permanent residency.
To qualify for ILR, applicants typically need to:
- Have resided legally in the UK for a continuous period of 5 years on an eligible visa.
- Meet specific salary requirements (for Skilled Worker visa holders, this is usually the general salary threshold or the going rate for their occupation, whichever is higher, at the time of application).
- Pass the Life in the UK test.
- Meet English language requirements (usually B1 level or higher).
- Not have had excessive absences from the UK during the qualifying period (typically no more than 180 days in any 12-month period).
The application for ILR is made online, and processing times can vary but are often around 6 months for standard applications.
Dependent Visa Options
Individuals holding main work visas (such as Skilled Worker, Health and Care Worker, Global Talent, and Scale-up) can usually bring their eligible dependents to the UK. Dependents include:
- Their partner (spouse, civil partner, or unmarried partner in a genuine relationship akin to marriage or civil partnership for at least 2 years).
- Their children under 18 years old.
- Their children over 18 if they were on the parent's visa as a dependent when they turned 18.
Dependent partners and children apply for a Dependent visa, linking their application to the main visa holder's application or existing visa. They must prove their relationship and demonstrate they can be financially supported without recourse to public funds.
Dependent visa holders are generally allowed to work (with a few exceptions, such as working as a professional sportsperson or coach) and study in the UK. Their visa expiry date is usually linked to the main visa holder's.
Visa Compliance Obligations
Both employers and employees have significant obligations to ensure compliance with UK immigration rules.
Employer Obligations
Sponsoring employers must:
- Verify the identity and right to work of all employees before employment begins.
- Only assign Certificates of Sponsorship to individuals who meet the visa requirements.
- Keep accurate records of sponsored workers, including copies of passports, visas, and contact details.
- Report specific changes in a sponsored employee's circumstances to the Home Office within a required timeframe (e.g., if they stop coming to work, are absent without permission, or their salary changes).
- Cooperate with Home Office compliance visits.
- Ensure the sponsored role continues to meet the salary and skill level requirements.
Failure to comply with sponsorship duties can result in penalties, including fines, downgrading or suspension of the sponsorship license, or even revocation of the license, which would impact the sponsored employees.
Employee Obligations
Visa holders must:
- Adhere to the conditions of their visa (e.g., only working for the sponsoring employer in the sponsored role, not claiming public funds).
- Inform the Home Office of any changes to their circumstances (e.g., change of address).
- Maintain a valid passport and visa.
- Leave the UK before their visa expires unless they make a successful application to extend or switch to another immigration route.
Non-compliance by the employee can lead to their visa being cancelled and potential difficulties with future UK visa applications.
