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Key Requirements All Businesses Need to Follow When Employing Foreign Nationals

on Tue 10 May

Whether your business employs EU nationals, their Non-EU dependants, foreign students, Non-EU dependants of British nationals or Tiered PBS dependants of sponsored foreign nationals. You must have adequate compliance processes in place to demonstrate your employees have a “right to work in the UK”. You only need a Points Based Sponsorship license if you want to employ Non-EU foreign nationals full-time for more than 30 hours per week.

KEY FACT 1: Who can you employ without having to sponsor?

British citizens, EU nationals (except accession states), students at NQF level 6 or above, EU & British foreign national dependants on family visas, Non-EU foreign nationals looking for part-time/ full-time employment can only do so, if they are in the UK as PBS dependent family members of a Tiered sponsored migrant or settled migrants with Indefinite Leave to Remain.

KEY FACT 2: HR Systems & Compliance.

UK Visa & Immigration have powers to inspect any UK based Employer regardless if they have a sponsorship license or not who are suspected of illegally employing someone. Key to any business employing students, or any foreign national is making sure your HR System is fit for purpose. All UK businesses are expected to police their own recruitment process making sure they have a robust HR System that can detect & prevent illegal employment. For those employers who correctly identify they can lawfully employ a foreign national they must have monitoring procedures and checks in place to prevent incurring a civil penalty issued by the UKVI.

KEY FACT 3: Obtaining a sponsorship license.

For those businesses that have a need to recruit & employ foreign workers you must demonstrate that your HR System & compliance procedures are robust enough to meet UKVI requirements.

You must comply with 5 individual areas UKVI assess when considering license approval.

Area 1: Monitoring immigration status and preventing illegal employment
Area 2: Maintaining migrant contact details
Area 3: Record keeping
Area 4: Migrant tracking and monitoring
Area 5: Professional registrations and accreditations

KEY FACT 4: Maintaining a sponsorship license.

Sponsorship licenses are awarded for a period of 4 years before requiring to be renewed. Sponsorship management system is an on-line portal where you manage your license & issue out certificates of sponsorship from your annual allocation. Potential new employees, who successfully complete your recruitment process, use your sponsorship certificate to obtain a Tier 2 visa.

My G Ltd supports many different UK employers maintain compliance procedures in UK regardless of holding a sponsorship license. For more information give our friendly immigration adviser a call on 01373 301194 or email  

Please see our introductory letter for more details on our services. introduction_letter_to_myg_ltd_2.pdf

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