Summary
- Most UK employers need a Home Office sponsor licence before hiring workers from outside the UK, mainly for the Skilled Worker and Intra-Company Transfer routes.
- Sponsored workers must meet salary, skill and English language thresholds, and employers must run right to work checks before and during employment.
- Non-compliance risks licence suspension or revocation, so employers must track visa conditions and reporting duties closely.
- This guide explains how UK employers hire foreign workers under the points-based immigration system.
- LegalVision’s business lawyers specialise in advising clients on UK immigration and employment compliance.
Tips for Businesses
Check right to work documents before any job offer. Apply for a Home Office sponsor licence early, since processing takes several weeks. Set salary and skill levels against current thresholds, not last year’s figures. Build visa condition tracking into onboarding to avoid compliance breaches.
UK employers hiring workers from outside the UK generally need a Home Office sponsor licence, most commonly under the Skilled Worker or Intra-Company Transfer routes. Since the Statement of Changes to the Immigration Rules took effect in July 2025, the general salary threshold for Skilled Worker sponsorship rose to £41,700 or the going rate for the role, whichever is higher, with lower thresholds for new entrants and shortage occupations. Employers without a licence can still hire foreign workers who already hold independent permission to work, such as those on a Global Talent or Youth Mobility Scheme visa. Every employer must still verify right to work status regardless of the route used. This article aims to provide the essential information to help you expand your workforce legally and effectively.
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 following Brexit.
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 at least £38,700, 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.
Once more, the salary requirement may differ for particular health or education workers and ‘new entrants’ who are starting their career.
This guide will help you understand the moving parts behind building a high-performing team.
Recent Changes to Salary Thresholds
The salary figures employers relied on for the Skilled Worker route have changed since this guide was first written. Following the Statement of Changes to the Immigration Rules that took effect in July 2025, the general salary threshold rose from £38,700 to £41,700 a year, or the going rate for the occupation code, whichever is higher. New entrants and shortage occupation roles still attract a discount, but employers should check the current going rate before making an offer, since relying on outdated figures can invalidate a certificate of sponsorship.
From 8 April 2026, the Home Office also tightened how compliance is measured. Sponsored workers must now be paid at or above the required threshold in every individual pay period, rather than as an annual average. This closes a gap employers previously used to smooth pay across the year. The Home Office can cross-reference HMRC payroll data against the Sponsorship Management System, so a single underpaid month can trigger compliance action even where annual pay clears the threshold. Employers should review payroll cycles now, alongside their right to work check obligations, rather than waiting for their next licence renewal.
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.
“Most employers assume the sponsor licence is the hard part. In practice, it is keeping pace with the salary thresholds and pay period rules that trips people up, because the figures change more often than businesses check them. Build a six-monthly review into your compliance calendar, not just your licence renewal date."”
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.
However, if you are using other routes, you will be required to check if your potential employee has the right to work in the UK.
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.
Frequently Asked Questions
Do I have to have a Home Office sponsor licence to hire a foreign worker in the UK?
No, not every route requires a sponsor licence. Employers using the Skilled Worker or Intra-Company Transfer routes must hold one, but you can still hire a foreign worker who already holds independent permission to work, such as under the Global Talent or Youth Mobility Scheme.
Have the rules for hiring a foreign worker in the UK changed since freedom of movement stopped between the EU and the UK?
Yes. Since freedom of movement ended after Brexit, EU citizens face the same immigration rules as other foreign workers. Employers must now obtain a sponsor licence and follow the points-based system for EU hires, just as they would for any other overseas worker.
What happens if I do not carry out right to work checks on a foreign worker?
Failing to carry out right to work checks exposes your business to a civil penalty of £45,000 for a first illegal worker, rising for repeat breaches, or criminal charges carrying unlimited fines and imprisonment. Your sponsor licence can also be suspended or revoked.
How do I check a foreign worker’s right to work in the UK?
Employers can check right to work status manually, through the Home Office online checking service, or via Identity Document Validation Technology for certain digital documents. Checks must happen before employment starts, with copies kept as evidence of compliance.
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