Relocating to the United Kingdom represents a significant life change that offers a blend of new professional opportunities and rich cultural experiences. Known for its historic landmarks, diverse society, and vibrant job market, the UK attracts skilled workers from around the globe. However, moving to a new country requires not only an adventurous spirit but also thorough planning, particularly in understanding and navigating the complex immigration rules. This guide is designed to provide all the necessary information for foreign nationals planning to relocate to the UK with visa sponsorship from an employer.
Choosing a Visa Route
The UK visa system offers various routes depending on the professional background and intentions of the applicant. Understanding these options will help you identify the most suitable pathway.
Tier 2 (General) Visa
This visa category is intended for skilled workers who have a job offer in the UK from an employer who holds a Sponsor Licence. This is how the process works:
- Job Offer: You must have a genuine job offer from a UK employer who has been approved by the Home Office to sponsor skilled workers.
- Certificate of Sponsorship (CoS): Once the job offer is secured, your employer will issue a CoS, which is essential for the visa application.
- Labour Market Test: Your employer must prove that the job position could not be filled by a settled worker. This usually involves advertising the job in the UK for at least 28 days.
- Application Requirements: Applicants need to prove their qualifications, professional skills, and the ability to meet the minimum salary threshold, which varies depending on the job.
Tier 2 (Intra-Company Transfer) Visa
Designed for multinational companies to transfer established employees to their UK branch, the intra-company transfer visa has specific criteria:
- Eligibility: You must be currently working for a company that intends to transfer you to its UK branch.
- Company Requirements: The UK branch must meet certain financial thresholds to be eligible to transfer employees.
- Visa Conditions: This visa does not lead directly to permanent residency in the UK.
Start-up Visa
For those looking to establish a business in the UK, the Start-up visa offers a great opportunity:
- Business Idea: You need a unique and viable business idea that is endorsed by an authorized body in the UK.
- Endorsement: Receiving endorsement from a UK higher education institution or a business organization with a history of supporting UK entrepreneurs.
- Visa Duration and Conditions: The visa lasts for 2 years and cannot be extended, but you can switch to an Innovator visa thereafter.
High Potential Individual Visa
This visa aims to attract individuals who have demonstrated high potential in their early careers:
- Qualifications: Recent graduates from top global universities are typically eligible.
- Endorsement: No job offer is needed, but proof of graduation from an eligible institution is required.
- Benefits: It allows you to work flexibly, look for work, or be self-employed in the UK.
Employer Sponsorship Process
To employ someone from outside the UK, employers must follow a strict sponsorship process under the UK’s points-based immigration system:
- Sponsor Licence: Employers must apply for and obtain a Sponsor Licence, which involves demonstrating that they can fulfill sponsorship duties and have effective HR systems in place.
- Role Suitability: The job role must meet the skill and salary requirements as outlined by the UK government.
- Issuing a CoS: Once the licence is approved, the employer can issue a Certificate of Sponsorship necessary for the visa application.
Visa Application Process
The application process for a UK visa involves several steps:
- Application Form: Complete the online application form for the respective visa category.
- Documentation: Submit required documents, including your passport, proof of financial means, CoS, and evidence of meeting the English language requirement.
- Health Surcharge: Pay the Immigration Health Surcharge as part of your application to access the UK’s National Health Service (NHS).
- Biometrics: Attend an appointment at a Visa Application Centre to provide your fingerprints and photograph.
- Processing Time: Visa processing times can vary, but it generally takes 3-8 weeks for a decision.
Living and Working in the UK
Upon successful application, preparing for life in the UK involves several practical steps:
- Accommodation: Finding suitable housing can be challenging, especially in larger cities. It’s advisable to arrange temporary accommodation initially.
- Banking: Opening a UK bank account is essential for managing finances, receiving salary, and paying bills.
- Healthcare: Register with a General Practitioner (GP) to access healthcare services.
- Integration: Engage with local communities and networks to help adapt to your new environment.
Settling in the UK Permanently
After living in the UK for a specified period, you may be eligible to apply for permanent residency, depending on your visa route:
- Indefinite Leave to Remain (ILR): Requirements include continuous residence, passing the ‘Life in the UK’ test, and meeting certain income thresholds.
- Naturalisation: After holding ILR for at least one year, you may apply for British citizenship, provided you meet additional residency and character requirements.
Legal Protections and Rights of Workers
Understanding your legal rights is crucial to ensuring a fair work environment and knowing how to act if those rights are challenged. The UK prides itself on a strong legal framework that safeguards employee rights.
Employment Laws
The UK’s employment laws are comprehensive, covering various aspects of the working relationship. Here are some of the fundamental protections:
- Work Hours and Rest Breaks: The Working Time Regulations limit the workweek to 48 hours on average, though individuals can choose to work longer. Workers are entitled to 11 consecutive hours of rest in any 24-hour period and a 20-minute rest break during working days longer than six hours.
- Holiday and Leave Entitlements: Full-time workers are entitled to at least 28 days of paid annual leave, including public holidays. Additional entitlements include maternity, paternity, adoption, and sick leave.
- Minimum Wage: The National Minimum Wage and the National Living Wage are minimum pay per hour most workers are entitled to by law. The rate depends on a worker’s age and if they are an apprentice.
- Protection from Discrimination: The Equality Act 2010 protects employees from discrimination based on protected characteristics such as age, gender, race, religion, disability, and sexual orientation.
- Health and Safety: Employers must provide a safe working environment. The Health and Safety at Work Act requires employers to undertake practices that prevent workers from getting sick or injured on the job.
Seeking Legal Assistance
If you find yourself in a situation where your rights have been violated, knowing how to seek legal assistance can make a significant difference.
- Legal Representation: Consider consulting a solicitor who specializes in employment law if you face serious issues such as unfair dismissal, discrimination, or contract disputes.
- Free Legal Advice: Various organizations offer free legal advice, such as Citizens Advice, Law Centres, and some charities. These can be invaluable resources for understanding your rights and the steps you can take.
- Employment Tribunals: If a dispute with your employer cannot be resolved internally, you may need to take your case to an employment tribunal. This is a formal process, and deadlines are strict, so getting early legal advice is crucial.
Navigating the UK’s Legal System
The legal system in the UK can be complex, especially for those unfamiliar with it. Here’s a brief overview to help you understand how it operates:
- Statutory Laws: These are laws passed by the Parliament or other legislative bodies.
- Common Law: Also known as case law, it is developed by judges through decisions of courts and similar tribunals.
- Legal Precedents: Previous court decisions can influence outcomes in similar cases.
- Legal Resources: Besides solicitors, numerous online resources can help you understand specific laws, including government websites and legal advice forums.