Migrate UK - Immigration Legal Specialists

To help members recruit overseas skilled workers to fill the skills gaps being experienced in the industry which is inhibiting growth, FIS has partnered with specialist immigration lawyers, Migrate UK.

This partnership enables members to explore whether hiring overseas skilled workers is a viable route for them.  Members will be supported with immigration legal guidance and advice on how to apply for a Sponsor License, Certificate of Sponsorship applications and compliance and record keeping.  Migrate UK offer all our members a 10% discount on all legal fees and offer an initial consultation free of charge.

To book a free consultation

Complete this short form, and a member of the Migrate UK team will be in touch.

Questions and Answers on Migration with Migrate UK

What kind of jobs qualify for sponsorship?

There are well over 1,000 including: Chefs, stable hands, ceramic artists, computer engineers, care workers, HR professionals through to construction workers. You do not need to have a qualification for these roles unless it is a professional or regulatory requirement.

How much do I have to pay sponsored workers?

Aside from health and education jobs and a few other exceptions, the vacancy must pay a minimum of £10.75 per hour. Furthermore, the job must meet the minimum threshold (70%-100% of £26,200 depending on the role and candidate). AND, the ‘going rate’ for the job.

I heard there are lots of fees / Is it expensive?

For organisations defined as ‘small’ by the current Companies Act, the Home Office fees are relatively low.  You will qualify as ‘small’ if you meet two of the below criteria, unless excluded from doing so:

  • Turnover is not more than £10.2 million
  • Balance sheet total is not more than £5.1 million (aggregate of the amounts shown as assets in the company balance sheet
  • Number of employees does not exceed 50 (taken as an average across the financial year)

In the above case, a small company will pay a four year Sponsor Licence fee of £536. Any charges thereafter are related to each individual you wish to sponsor.

Our website provides typical fees for sponsoring overseas workers over a five-year period.

In terms of expense, it is worth noting that having unfilled vacancies can be more expensive in lost revenue and opportunities as well as contributing to burnout with your existing employees.

Can I employ someone who already has sponsorship in the UK?

In most circumstances you can, but you must sponsor them through your own organisation.

For workers already in the UK, this will mean issuing a Certificate of Sponsorship (CoS) through your own Sponsor Management System (SMS), and then ensuring the employee submits a fresh application to remain in the UK – even if they have time remaining on their existing immigration document.

The employee can start working for your once they have their new immigration status and you have conducted a right to work check.

Do I need to keep records?

Yes, depending on which route you have sponsored your employee, you will need to keep records.  These could include, but are not limited to:

  • Evidence of their identity and right to work check
  • Their NI number
  • Their rate of pay/payroll details
  • Work contract
  • Absence record from work/employee tracking
  • Educational qualifications
What happens if they leave?

If your sponsored employee leaves, it is very important that you report this on your SMS.

It is possible you could receive a refund on any Skills Charges you have paid.  This depends on the amount paid from the outset and the length of time the employee was with you.

What about an employee's dependents?

Spouses and long-term cohabiting partners and their children under the age of 18 (at the time of their first dependant application), can join them.

At present, dependants of sponsored workers have the ability to work in most jobs,  Family members will be required to pay visa fees and NHS surcharges, as per the main worker applicant.

What happens if an employee's child turns 18 during sponsorship?

Please note that as long as a child’s first dependant application was made prior to their 18th birthday, they can continue to stay beyond this age as long as they are not leading an independent life.

What happens when an employee obtains ILR - are we still obliged to do anything?

When an employee obtains indefinite leave to remain (ILR), the employer is required to ‘withdraw’ that employee’s sponsorship via their SMS.

The employee will be a free agent with ILR and can continue to work outside the confines of sponsorship.

Webinar: How to hire skilled workers from the global talent pool

In this webinar Migrate UK provides members with valuable insights on hiring overseas talent and navigating the immigration process.
You will learn about the benefits of hiring overseas talent, including the unique perspectives and skill sets that they bring to the table. Compliance regulations that must be followed were discussed, along with an overview of job codes on the Shortage Occupation List and how employment status and contracting are impacted.

The webinar also covers ongoing support that is available from FIS Partner, Migrate UK, a company that supports businesses to secure the talent they need to make them more efficient and productive.

Watch the Webinar: How to hire skilled workers from the global talent pool – HERE