Immigration solutions to labour shortages in the UK

If a company wishes to employ non-British or non-Irish nationals, they may be required to sponsor them. To do so, employers must first make an application to obtain a Sponsor Licence from the Home Office. Once this Licence is in place, the candidate will then need to apply for a visa to work for the company in the UK. The type of visa required will depend on the particularities of the role in question.

• The most common visa category for work in the UK is the Skilled Worker visa. This is for new hires to the company or for global relocations which are intended to be long-term or permanent. The UK has seen a huge rise in visas issued under this category in recent years. Removing the cap on work permits, abandoning the need to advertise jobs in the UK before applying for a visa, and reducing the minimum salary threshold have all made it easier for employers looking to utilise this category.
• In order for a migrant worker to be sponsored for a job under this category, their proposed position must be at school leaver skill level or higher, and carry a salary of at least £25,600 per annum or the ''going rate'' for the job type as set by the Home Office, whichever is higher. This visa route may lead to indefinite leave to remain in the UK (ILR, also known as settlement), provided that the worker meets all the qualifying criteria for the application.
• Other options for work visa sponsorship are grouped under the Global Business Mobility (GBM) routes. The GBM routes are designed for workers undertaking temporary assignments in the UK and therefore they do not lead to ILR. The GBM category has five sub-categories which provide flexibility for businesses both with and without an established presence in the UK. The five sub-categories include the Senior and Specialist Worker, Graduate Trainee, UK Expansion Worker, Service Supplier and Secondment Worker routes. Although there are some exceptions, in most cases, the role being filled in the UK must be at University degree skill level or higher, and carry a salary of at least £42,400 per annum or the going rate for the role as set by the Home Office, whichever is higher.
• Where an employer wishes to sponsor an intern or another short-term, temporary worker from overseas, several routes may be available to them, including the International Agreement visa, the Government Authorised Exchange visa, and the Charity Worker visa. All these routes are grouped under the Temporary Worker banner and may require employers to be registered with a particular scheme to support this visa.

All of the following non-sponsored visa routes allow great flexibility for employment, as their holders are permitted to work in any job, apart from work as a professional sportsperson (including as a sports coach).

• The most prominent non-sponsored work visa route is the Global Talent visa and its sub-category, the Global Promise visa. These categories are designed to enable those who are recognised as leaders or future leaders in the fields of science, humanities, arts and digital technology to live and work in the UK. To qualify for this route, a migrant worker must either be endorsed by a Home Office-approved endorsing body, or have won a Home Office-specified award for their work. These visa routes lead to ILR, provided the worker has gained financial earnings in the UK in their specialist field during the period of holding the visa and meets the additional qualifying criteria.
• Whilst for a long period of time UK graduates were not able to obtain a post-study work visa, the UK Government has recently opened the Graduate visa route. This route allows international students to stay in the UK post-graduation to work, or look for work, at any skill level for either two or three years. Employers could therefore seek to take advantage of this route as it provides an opportunity to recruit international talent regardless of whether or not the employer has a Sponsor Licence and without having to pay the costs involved in sponsorship. This visa does not lead to permanent rights to stay in the UK, however, and cannot be extended. After the initial two-three year period the worker would need to switch to another visa route to stay in the UK.
• A similar route for international graduates, the High Potential Individual visa, was introduced by the UK Government earlier this year. Similar to the Graduate visa, this visa allows its holder to work, or look for work in the UK at any skill level. To be eligible to apply, the applicant must have graduated in the last five years from a leading non-UK university with a degree which is equivalent to a UK Bachelor’s or above. The Home Office maintains a list of top universities known as the Global Universities List and the awarding institution of the applicant’s degree must appear on this list in respect of the applicant's year of graduation. Once granted, the visa is normally valid for two years (or three years, where the applicant was awarded a degree at PhD level), may not be extended, and does not lead to ILR.
• The Youth Mobility Scheme is a further non-sponsored visa route, which is open to nationals of Australia, Canada, Monaco, New Zealand, San Marino, Iceland, Hong Kong, Japan, South Korea and Taiwan aged between 18 and 30. The visa is granted for up to two years, may not be extended, and does not lead to ILR.
• The UK Government has also recently opened a hybrid visa route, the Scale-up Worker visa. This route allows fast-growing UK businesses to sponsor workers for a period of at least six months. After six months, the Scale-up worker can take employment with other organisations in the UK, including those without licences to sponsor workers. In order for a migrant to be sponsored for this visa, their proposed job role must be at a University degree skill level or higher, and a carry a salary of at least £33,000 per year or the going rate for the role, whichever is higher. Whilst this visa is initially granted for a two-year period, it may be extended and can lead to ILR, where the worker meets the relevant qualifying criteria.