Clients have recently been asking what their options are for employees working for them on time-limited visas, who are a great fit and who they are keen to keep, but whose visas are due to expire.
We have set out below some FAQs on handling visa expiry dates and options available if you do want to keep migrant employees on.
My employee’s visa is coming up to expiry, what can I do to keep them?
Firstly, this depends on the type of visa they are on in terms of whether they might be eligible for an extension of that visa. Options to extend vary depending on visa types and certain types cannot be extended at all. We recommend, firstly, that we help you to review the visa type and explore options to extend with you.
What if the visa cannot be extended but we really want to keep the employee?
Then you need to explore whether your visa holder would be eligible to switch to a different type of visa, for example, a Skilled Worker Visa. An example here is when you employ someone on a Graduate Visa but it’s due to expire, they show great promise, and you want to retain their talent, then you could explore whether they could switch to the Skilled Worker route.
Is it a given that they will be able to switch
Not at all. As is always the case with visa eligibility, the visa requirements must be met in relation to the job being offered and also the individual applying for it. For example, to switch to a Skilled Worker visa:
- the job you want them in will need to meet strict eligibility requirements in things like skill level and salary; and
- the individual will also have to meet a set number of points, gathered by showing things like a certain level of English language ability as well as a qualifying job offer from a Home Office-approved sponsor and also, in certain circumstances, a financial requirement too.
There are also certain visa routes that you cannot switch to a Skilled Worker route from – we can assess this for you and advise.
What would we need to do, as an employer, to help them to switch?
This, again, depends on the route they are switching to but taking the Skilled Worker route, which is the main UK work visa for overseas nationals, then you would need to become a licensed sponsor first. This includes a Home Office application which then gives you an approval to recruit from outside the UK and Ireland, into certain skilled roles. If your employee’s role meets the required skill level, as well as other tests and factors, then once you have your sponsor licence, you are able to offer a job to that employee so that they can switch routes and hopefully stay in your employment.
Would my employee need to leave the country whilst we apply?
Timings are very important here which is why we always advise you monitor your migrant worker’s visa end dates carefully and take early action if you do want to keep them on.
For example, if the individual is on a Graduate Visa and wishes to switch, then they can potentially do so from within the UK but as the graduate visa is not extendable, you need to plan carefully so that plans can be put in place in plenty of time before their current visa expires.
If we go to the trouble of getting a sponsor licence and the employee successfully switches, can they stay with us permanently?
They will usually get a Skilled Worker visa for up to five years, after which they would need to apply to extend it. However, if by that time they have been resident in the UK for five years, they can potentially apply for Indefinite Leave to Remain, also known as Settlement. That would then give them the right to live and work in the UK for as long as they wish. Not all visa routes lead to settlement though but the Skilled Worker is one that does. We can advise and assist with that too.
At BRIDGE we help clients with all aspects of business immigration as well as sponsor licence applications and so, if the contents of this email apply to you, or if you need any support with employing migrant workers, email Georgina@bridgeehr.co.uk or call on 01904 360295.