How to Hire Foreign Workers in the UK

It is important for every employer to have quality employees working for them. However, sometimes this can require you to recruit further afield than the UK. For example, you may decide to hire foreign workers to work in your business. Notably, if you choose to hire from outside the UK, there are rules in place that you must be aware of. The rules for hiring foreign workers were updated at the end of 2020, so if you were familiar with the previous ones, you need to familiarise yourself with the new ones. You must understand these before hiring foreign workers in your business as getting it wrong could see you without that potential employee or, worse still, in trouble with the law.

This article will look at how to hire foreign workers in the UK and the rules surrounding this.

What Are Foreign Workers?

If you are a UK employer and employ someone from outside the UK, they are considered a foreign worker. This does not include Irish citizens. 

To hire foreign workers, you need to meet particular requirements. This includes applying for permission before formally hiring workers. Notably, these rules also now apply to workers from the EU since freedom of movement between the EU and the UK no longer applies.

You will generally need to have a Home Office sponsor licence. However, the conditions and requirements for hiring foreign workers will depend on the visa. Therefore, it depends on the country the foreign worker comes from. Furthermore, there will be UK immigration rules you must follow.

Skilled Workers

One way for an employer to hire foreign workers in England and Wales is to go through the Skilled Worker route. If you decide to take this route, you must apply for a Home Office sponsor licence as the worker will need to prove that they have an offer of a job from a business that is a sponsor. In addition to this, the worker you want to hire must be able to:

• speak English to a particular standard; and
• meet the skill level necessary, RQF3 or above, meaning they meet an A level standard.

As an employer, there are rules regarding the foreign worker’s wage. For example, you must pay your employee the minimum wage of £25,600, or if the ‘going rate’ for the type of job you require them to do is higher than this, you must offer this salary instead.

However, you may be able to offer a lower salary than this, but never less than £20,480. This is only the case if the foreign worker you wish to hire can offer an additional characteristic, such as a PhD in the job area, or if you work in a ‘shortage occupation’. These are termed ‘trading’ points in particular characteristics. 

Once more, the salary requirement may differ for particular health or education workers and ‘new entrants’ who are starting their career. 

Intra-Company Transfers

If your business has overseas offices, a worker who works for your business abroad may be able to transfer to England or Wales to work for your business here. This is called the Intra-Company Transfer route. To apply for this route to hire a foreign worker, the role you offer them must meet specific criteria in terms of skill and salary.

There are rules which apply to the Intra-Company Transfer route. For instance, you must be a Home Office licensed sponsor and ensure: 

• the foreign worker has worked for your business overseas or one linked to your business for 12 months;
• the role you are offering the foreign worker is at the minimum skill level of RQF6, which is equivalent to a graduate level;
• the salary you are offering the foreign worker is a minimum of £41,500 or higher if the ‘going rate’ for the role is higher than this; and
• any foreign worker you wish to hire can only work with you temporarily – but can do so many times providing they do not exceed staying in the UK for over five years during a period of six years.

The rules differ slightly where the foreign worker you wish to hire will receive more than £73,900. Where this applies they:

• do not need to meet the 12-month work requirement; and
• can remain in the UK for a maximum of nine years during ten years.

There is also an Intra-Company Graduate Trainee route which is a way to hire a foreign worker in an overseas business associated with yours where you have a structured graduate training program in place. Again, all the exact requirements apply here, but there are differences in terms of salary and experience overseas.

Other Routes

A points-based system document is available to employers that details other routes available to you to hire foreign workers. For example, the Global Talent route is an option for not having a Home Office sponsor licence. There is also a Youth Mobility Scheme.

It is also possible for you to hire a foreign worker without going through the routes described here. For instance, you might hire a migrant worker already in the UK who has permission to freely decide where to work in the UK on their visa.

Key Takeaways

As an employer, you have options open to you to hire your workers from outside of the UK. This may be a good way to find the skill set you want. However, some rules apply, and you will need to go through procedures to do this. For example, you must obtain a licence from the Home Office and ensure you can pay the foreign worker a specific salary. These rules were updated at the end of 2020. Therefore, where you may have hired a foreign worker in the past, you may need to update yourself on the process of doing this.

If you need help understanding how to hire foreign workers in the UK, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.

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