Recruiting from overseas can be a confusing process for employers and employees. We’ve gone through the latest government guidance to create more simplified guides to explain everything you need to know about hiring overseas. In this guide, we cover hiring skilled workers from overseas as well as the BNO visa requirements for Hong Kong residents.
If you’re short on time click on the following links to access our one-page guides:
Hiring Skilled Workers from Overseas (inclu. Europe)
As stated on the government website, here are the requirements for hiring a skilled worker:
“Under the Skilled Worker route, anyone you want to hire from outside the UK will need to demonstrate that:
- they have a job offer from a Home Office licensed sponsor (you)
- the job offer is at the required skill level – RQF 3 or above (A Level and equivalent)
- they speak English to the required standard
In addition to this, the job you are offering must meet the applicable minimum salary threshold. This is the higher of either:
- the general salary threshold of £25,600; or
- the specific salary requirement for their occupation, known as the ‘going rate’
If the job offer is less than the minimum salary requirement, but no less than £20,480, an applicant may still be eligible if they have:
- a job offer in a specific shortage occupation
- a PhD relevant to the job
- a PhD in a STEM subject relevant to the job”
Sponsorship licence explained
In order to hire talent from outside the UK, you will need to apply for a sponsor licence through the government website. First, it is important to establish that the people you want to hire will be eligible under the skilled worker route.
There are three questions you need to ask yourself before applying for a sponsorship licence:
1. Is your business eligible to apply for a sponsor licence?
Sponsor licences are not available to businesses with unspent criminal convictions relating to immigration offences as well as fraud or money laundering.
2. What type of skilled worker licence do you need to apply for?
The type of licence you require depends on whether you are sponsoring a candidate for general purposes or under an Intra-company Transfer (ICT). You have the option to obtain a licence for either one or both.
3. Who in your team will manage the sponsorship process and communications?
There are three different roles with varying access levels that can be assigned to different members of your team. Alternatively, all can be assigned to one member. The roles outlined below are as stated in the official government guidance:
- authorising officer – a senior and competent person responsible for the actions of staff and representatives who use the SMS
- key contact – your main point of contact with UK Visas and Immigration (UKVI)
- level 1 user – responsible for all day-to-day management of your licence using the SMS
How much does it cost?
The cost of a sponsor licence varies depending on the size of your business. The government has differentiated between small/charitable companies and medium to large companies. Small companies are businesses/organisations that satisfy two of the following criteria:
- A turnover of no more than £10.2 million
- a balance sheet total of no more than £5.1 million
- up to 50 employees
Medium to large companies are any businesses that do not meet the small company requirements.
Total costs for small companies
Licence application
£536 (one-off application fee)
Certificate sponsorship
£199.00 per sponsored worker
Standard Worker Visa
VISA VALID UP TO THREE YEARS
- £160.00 if applying from overseas £704.00 if applying from the UK
VISA VALID FOR MORE THAN THREE YEARS
- £1,220.00 if applying from overseas
- £1,408.00 if applying from the UK
DOMESTIC APPLICATIONS
- £19.20 biometric fee applied
Immigration Skills Charge
£364.00 per sponsored worker for each year of employment (i.e. if the applicant obtained a three-year visa, the fee would be £1,092).
Note: The Immigration Skills Charge fee must be paid by the sponsor and cannot be passed onto the sponsored worker.
Immigration Healthcare Surcharge
£624.00 per sponsored worker for each year of employment (i.e. if the applicant’s leave is valid for three years, the healthcare surcharge fee will be £1,872).
Total costs for medium to large companies
Licence application
- £1,476.00 – One-off sponsor licence application
Certificate sponsorship
VISA VALID UP TO THREE YEARS
- £160.00 if applying from overseas £704.00 if applying from the UK
VISA VALID FOR MORE THAN THREE YEARS
- £1,220.00 if applying from overseas
- £1,408.00 if applying from the UK
DOMESTIC APPLICATIONS
- £19.20 biometric fee applied
Standard Worker Visa
£364.00 per sponsored worker for each year of employment (i.e. if the applicant obtained a three-year visa, the fee would be £1,092).
Note: The Immigration Skills Charge fee must be paid by the sponsor and cannot be passed onto the sponsored worker.
Immigration Skills Charge
£1000.00 per sponsored worker for each year of employment i.e. if the applicant obtained a three-year visa, the fee would be £3,000.00. Note: The Immigration Skills Charge fee must be paid by the sponsor and cannot be passed onto the sponsored worker.
Immigration Healthcare Surcharge
£624.00 per sponsored worker for each year of employment (i.e. if the applicant’s leave is valid for three years, the healthcare surcharge fee will be £1,872).
Hiring candidates from Hong Kong with BNO Visa
What is a BNO Visa?
A British National Overseas visa is available to residents in Hong Kong from the 31st December 2020. As stated by OTS Solicitors, there are some clear differences between BNO via candidates and Skilled Worker candidates. People with BNO visas can:
- Come to the UK without first securing a job.
- Work for a UK employer who does not have a Home Office issued sponsor licence.
- Take up employment that does not meet the skilled worker visa eligibility criteria. For example, the job does not need to meet occupation code criteria.
- Bring family members who meet the dependent criteria.
- Live and work in the UK for up to five years.
- Apply for indefinite leave to remain once they meet the residence requirement and general eligibility criteria. After holding indefinite leave to remain status for at least twelve months they can go onto apply for British citizenship.
Requirements to apply for BNO Visa
- If you have a chipped HKSAR, BN(O), or European passport you can apply for the Hong Kong British National (Overseas) Visa through the UK Immigration: ID Check app.
- Or, you can apply online using the Hong Kong British National (Overseas) Visa application form.
The application process:
- Pay the BNO visa application fee – £180 for 30 months visa or £250 for 5 years visa.
- Pay the Immigration Health Surcharge: £1560 for 30 months or £3120 for 5 years
- Provide any required biometrics and a valid passport
- You must have applied to be registered as a British National (Overseas) prior to the end of 1997.
- You must be able to show you can financially support yourself for 6 months with bank statements, payslips, proofs of income or a letter from a family member who will
- support you in the UK.
- If you have been a resident of Hong Kong in the last 6 months you will need a medical certificate confirming you don’t have active pulmonary tuberculosis
The visa and conditions:
- Applicants can receive either a 30 month or 5-year visa
- There is no access to public funds
- After 5 years spent with the BNO, visa applicants can apply for ‘Indefinite Leave to Remain’
- After living in the UK for a year with this status, British citizenship is open to applications
Family
- Family members can apply as ‘dependent’ if they live with the applicant.
- For any other queries on this, see the government website
What employers need to know about BNO Visa
It is important to note that if recruiting someone with a British National Overseas Visa you will not need to obtain a sponsor licence as you would for hiring a skilled worker from overseas.
Where to find the latest info
Things are constantly changing so for the latest information please do check the government website:
- Skilled workers – https://www.gov.uk/guidance/recruiting-people-from-outside-the-uk
- BNO Visa – https://www.gov.uk/british-national-overseas-bno-visa/apply-from-outside-the-uk
Do you need an international recruitment agency?
ABL Recruitment is the leading international recruitment agency in the UK providing multilingual candidates who will help you communicate effortlessly, clearly and confidently with your international clients. We place people anywhere around the world on a permanent basis as long as your company has a legal entity. Contact us to find out how we can help you find the best employees and jobs.
