A Guide to the Visa Application Process for Hiring Foreign Nationals in the UK
Any company that wishes to hire a foreign national to work in the United Kingdom must adhere to a very stringent visa application process, and now the traditional work permit is no longer with us, the applicant must apply for a Tier 2 visa, which covers foreign nationals who wish to work in the United Kingdom. When a foreign national who is from outside of the European Economic Area (EEA) wishes to apply for a Tier 2 visa, the new employer must sponsor the applicant, and with the help of an experienced UK immigration solicitor, things usually work out fine.
If you are planning on hiring someone who is a non-EU citizen, you will need to obtain a sponsorship licence, and providing your company is eligible, the process can begin. Ideally, you want the best immigration solicitors in London on your side, as they are fully conversant with the application process, and will make sure the application conforms to immigration requirements.
Sponsorship Licence Eligibility
There are some conditions when applying for a sponsorship licence, which include the following:
- You cannot have unspent criminal convictions for any immigration related offences.
- You must have a satisfactory history of carrying out sponsorship duties.
- There must be appropriate monitoring systems in place when making the licence application.
UK visas and Immigration would likely visit you at your place of work to ensure all relevant systems are in place, and with the help of an experienced UK immigration solicitor, you will be well prepared for the licence application.
Tier 2 Visa Types
The Tier 2 visa replaces work permits, and there is a general section, which covers most applications, but if a multi-national company wishes to transfer an employee from a foreign branch, the Tier 2 visa is called an “Intra-Company Transfer”, and this visa is a lot easier to apply for, as the company is not actually seeking to employ the applicant from scratch, rather they wish to transfer to a UK based branch. Some positions require that the employer follows the correct procedure by advertising the position to UK nationals, which must be for a period of 28 days. This satisfies UK immigration that UK citizens have the opportunity for the position, and whether or not you have to do that, very much depends on the industry and the position offered.
Applying for a visa for a foreign national to reside and work in the United Kingdom can be a very complex procedure, and should the applicant not comply with the many requirements, the application will likely be rejected, therefore, it makes sense to enlist the help of an experienced immigration solicitor, who will ensure that everything meets the immigration requirements.
If you would like some assistance in this respect, an online search is the best place to start, and once you have made contact with the right law firm, the process should be straightforward.