Find guidance for employers on things you should consider around immigration and visa support, including sponsorship or visa routes. This information is accurate as of October 2022. For the most current guidelines, visit the relevant links in each section.
Guidance on occupation codes can be found in the Immigration Rules on GOV.UK opens in a new window .
This sets out which jobs are suitable for sponsorship for the Skilled Worker route and/or the Global Business Mobility route. It also has a list of codes for jobs that are regarded as shortage occupations (roles where there’s a recognised shortage of resident workers to fill the vacancies).
You can use the ONS Occupation Coding Tool opens in a new window to help identify an occupation code.
If a job is on the shortage occupation list opens in a new window , this usually means that the employee can be paid 80% of the job’s usual going rate as set out by UK Visas and Immigration (subject to a minimum of £20,960 per year).
There’s also a lower fee for the visa.
Learn more about the benefits of roles on the shortage occupation list opens in a new window from GOV.UK.
The salary you must pay will depend on whether you are required to pay the overall minimum salary requirement (£26,200) or the going rate for the job (you must pay the higher of the two).
Find out the current going rates on GOV.UK. opens in a new window
Where you are required to pay the going rate for the role, it may be possible to pro-rate the salary for the number of hours worked – as long as the role always meets the relevant overall minimum salary requirement, and also the hourly rate minimum of £10.75.
Find details of these minimums on GOV.UK. opens in a new window
Where you are required to pay the overall minimum salary (£26,200), you cannot pro-rate the salary to reflect a reduction in working hours if this means the overall minimum will not be met. There are some cases where the overall minimum may be lower than £26,200 (usually as long as the minimum hourly rate is met).
Find more details on salaries for Skilled Workers on GOV.UK opens in a new window
Get more information on pro-rating salary on GOV.UK opens in a new window
Yes, it’s possible for most people in the UK under a Temporary Worker visa to switch to a Skilled Worker visa, so long as they aren’t in the UK under the Seasonal Worker or Domestic worker subcategories.
Anyone switching into the Skilled Worker category must also meet the relevant eligibility criteria.
Skilled Worker eligibility guidance from GOV.UK opens in a new window
You don’t need a sponsor licence to employ someone on a Graduate visa. However, these visas are only temporary, allowing the individual to live in the UK for two years (or three years if if the applicant is a PhD student).
So, it’s likely that the individual will need to meet the Skilled Worker eligibility criteria opens in a new window and be sponsored after their Graduate visa expires in order to continue with their employment. You’ll need a sponsor licence to do this.
Specific timing in relation to each application varies. It will depend on a number of factors, including the complexity of the case, the individual's past immigration history and whether any priority services are used.
Priority services guidance from GOV.UK opens in a new window
In most cases, it will take up to eight weeks for a sponsor licence to be applied for and granted from the date on which the application is made and supporting documents submitted.
In some cases employers can pay an additional fee of £500 to have the application processed urgently. There is a limit on the number of applications that UK Visas and Immigration (UKVI) can accept for this service. However, if you can take advantage of this option, it can significantly reduce the overall timescales.
You should factor in additional time to apply for the relevant certificate of sponsorship, which in most cases will take a few days. The timing depends on whether a defined or undefined certificate of sponsorship is required, and the estimate of a few days may in some cases depend on the employer paying an additional fee to speed up the process.
Currently, visa applications for a Skilled Worker visa from outside of the UK take up to three weeks to process once the application and supporting information has been submitted. This timing is not guaranteed, and in some cases it could take longer due to Home Office delays.
In some cases, you may need to factor in additional time if the individual needs to have a TB test or sit an English language test before applying.
These delays are expected to be temporary. However, the GOV.UK website will list the most up-to-date information on processing times.
Find more information on visa processing times from outside the UK on GOV.UK opens in a new window
The guidance for sponsors from GOV.UK opens in a new window states that the authorising officer should be "the most senior person in your organisation responsible for the recruitment of all migrant workers and ensuring that you meet all of your sponsor duties".
In most cases, this will be someone sufficiently senior in your organisation, but it doesn’t strictly need to be someone in the senior management team. In either case, you should be comfortable that they are the most senior person in the business who will be responsible for the recruitment of migrant workers and ensure they understand the importance of the role in line with the guidance.
Anyone entering the UK to undertake an internship must usually have a visa in place to do so. Those entering the UK as visitors are not permitted to take part in paid or unpaid placements or do any kind of work while in the UK.
There are numerous options available to have international interns work for you in the UK.
Find further details of visa routes on GOV.UK opens in a new window
First, there is a Temporary Worker - Government Authorised Exchange visa (T5) route opens in a new window .
This visa option generally lets certain eligible individuals obtain a visa to "work or train temporarily" in the UK.
View full details in the GOV.UK policy guidance opens in a new window
However, there would need to be an approved, government-authorised exchange scheme in place that is applicable.
Find the current list of government-authorised exchange schemes on GOV.UKopens in a new window
Some schemes relate specifically to internships. These include:
It usually takes up to three weeks to process from outside the UK.
Find further details on the costs and eligibility criteria on GOV.UK opens in a new window
This route is available to UK-based employers who can sponsor employees to work in the UK in specific cases. Employers must have a sponsor licence in order to sponsor employees to work in the UK.
The intern has to undertake a role that’s included on the eligible occupations list on GOV.UKopens in a new window and paid the minimum salary requirements for the role. This is usually £26,200 per year, or the going rate for the role, whichever is higher and subject always to the £10.75 per hour minimum rate. It must also meet other eligibility criteria.
Find out more about minimum rates on GOV.UK. opens in a new window
There are situations where the worker can be paid less, including where they are 'new entrants' meeting the conditions set out.
Find out more about the Skilled Worker visa on GOV.UK opens in a new window , including full details of the costs and timescales for Skilled Worker visa applications.
At present, the Youth Mobility Scheme visa (T5) is only open to applicants aged 18 to 30 who are nationals of:
The scheme is also open to applicants aged 18-35 who are nationals of New Zealand.
Applicants from the following countries can also apply, but must first be selected in the Youth Mobility Scheme ballot:
This route permits individuals to work for a period of two years, or three years if the individual is a New Zealand national. Individuals can undertake internships for you under this visa.
Find full details on the Youth Mobility Scheme visa on GOV.UKopens in a new window
The Brexit transition period ended on 31 December 2020. But what has changed for employers looking to sponsor international talent to work in Scotland?
The new points-based immigration system opened for EU citizens coming to the UK on 1 January 2021, when free movement ended. This new points system was one of the most significant reforms to the UK's immigration system for more than a decade. Its intention was to simplify and streamline the immigration rules for employers.
The resident labour market test was abolished, meaning that it is now faster and easier for employers to sponsor migrant workers to come to the UK. The immigration cap on the number of skilled workers was also removed – resulting in more flexibility for employers and a quicker route to sponsorship.
The range of jobs that are eligible for sponsorship is now far broader than before, and in some cases medium-skilled roles with a salary as low as £20,960 are suitable for sponsorship. All of this has made life easier for employers to sponsor the employees that they need to fill specific skills gaps.
From the statistics published by the Home Office, it appears that there's been an increase in sponsorship across the UK despite the impact of the Covid-19 pandemic.
The Migration Advisory Committee reported in its annual report 2021 that "the new Skilled Worker route has been launched smoothly and the streamlining and digitisation of the route are working well."
The Migration Advisory Committee reported in its 2022 annual report that in the year ending June 2022, main applicants to the Skilled Worker and the Health and Care Worker routes accounted for around 100,000 of the 222,000 individuals granted a UK worker visa. The overall volumes of worker visas were 95% higher than in Q1-Q4 2019.
Across the UK, it appears that many employers impacted by the end of the Brexit transition period have been preparing by applying for a sponsor licence. There was a very significant increase in the numbers of employers who have registered with the Home Office to sponsor employees during the period since the Brexit transition period ended.
That trend looks set to continue. It's more important than ever for employers who don’t already have a licence to plan ahead to obtain a sponsor licence, as the rising numbers of applications can mean a longer processing time.
In order to access the skills available from migrant workers through the system, employers must have a sponsor licence in place.
The information contained in this update is accurate as of September 2023.
Run by Scottish Enterprise, TalentScotland is an international project. We offer general support and guidance to help employers navigate the UK immigration system.
This includes recorded and live webinars delivered by an immigration specialist. Following on from the webinars, we offer further support to employers through interactive tutorial sessions with our immigration specialist, factsheets and checklists to help you take the next steps.
Find TalentScotland webinars and tutorials
Although the last year or so has seen many changes to the immigration rules, further changes are likely in the coming months.
In January 2021, the UK Government introduced the new British National (Overseas) visa route (BNO). This visa route was brought in to allow those from Hong Kong who are British Nationals (Overseas) and their eligible family members to come to the UK to live, work and study in the UK for either two years and six months, or five years.
There were 129,415 applications granted from outside the UK (and 153,708 in total) granted under this route from when it opened on 31 January 2021 until 31 December 2022.
To compare – in the full year to the end of September 2021, there were just over 126,000 out-of-country Skilled Worker applications granted for all nationalities, which shows how popular the BNO route has been.
The UK Government has put in place a welcome programme to provide support for those who come to the UK under this route.
Hong Kong British Nationals (Overseas) welcome programme guidance on GOV.UK opens in a new window
In May 2021, the Home Office's analysis estimated that between 258,000 and 322,400 people might come to the UK under this route in the first five years. As a result, this is likely to be a visa route that more employers will come across when it comes to recruitment.
Some job applicants might apply for jobs when they have already secured this visa and have come to Scotland to work. In other cases, it might also be a useful visa route to think about if you wish to recruit international talent.
This visa route has advantages over some alternative routes. Unlike the Skilled Worker route, this visa does not require employer sponsorship. There's no Immigration Skills Charge for the employer to pay if someone has this type of visa. The employer doesn't have to pay any costs towards the visa at all.
The BNO visa itself has advantages for employers, as the visa process is completed by the individual applying to come to the UK. The visa is also very flexible. The individual can work in highly skilled, medium skilled or low skilled jobs (or take up self-employment).
The only jobs which are excluded are working as a professional sportsperson or sports coach. The visa is not tied to a business or an employer. This means that the person can change their role or take up a promotion without any issues.
Individuals can apply for a visa that lasts two years and six months, or five years. This is typically a lower cost visa than many other types. The person will be able to bring qualifying family with them and to settle in the UK if they live and work here for five years (provided that they meet the criteria for settlement).
Find details on the costs for these visa applications on GOV.UK opens in a new window
You should carry out right-to-work checks in the usual way, before the person starts work. The guidance on right-to-work checks changed on 28 February 2023, so always check the current guidance.
Find right-to-work checks guidance on GOV.UK opens in a new window
Online right-to-work checks can be carried out through the GOV.UK online service for those who have a BNO visa, which makes the process simple and quick in most cases.
The information contained in this update is accurate as of September 2023.
Many employers will consider opportunities to recruit recent graduates – especially when there are skills shortages in specific sectors.
Recent international graduates, whether they are in the UK already or overseas, provide a great source of potential talent and are often highly skilled.
This section covers some potential immigration options that are currently available for hiring graduates from a UK university. It also covers a brand new visa route (the High Potential visa) which will enable employers to recruit additional graduates from some overseas universities.
This is only a quick reference guide. You should read the guidance on each route you're considering for full details.
This new route opened on 1 July 2021. It's a post-study work visa that allows eligible international students who have completed eligible courses at recognised UK higher education providers to stay in the UK after their studies to work or look for work.
The visa lasts for two years (or three years if they have graduated with a PhD). There were just under 29,000 of these visas granted in the period from July to 31 December 2021, so it is a popular visa.
This route provides a flexible and cost-effective two (or three) year visa for graduates to stay and work in the UK. There are also advantages for employers, including:
Employers who wish to retain someone after their visa expires should plan ahead and get a sponsor licence in place well before the visa expires, as it can take several months to process. The employer should also check if the job that the employee will do afterwards meets the eligibility criteria for the Skilled Worker route (or another visa route).
There are many visa options for those graduating and intending to work in the UK, whether they are graduating from a university in the UK or overseas.
This route is available for UK-based employers to sponsor individuals to come and work for them in the UK in eligible skilled roles. Employers must have a sponsor licence in place.
If you're interested in exploring this option, find out how we can assist you with the process of getting a sponsor licence: contact TalentScotland
The Skilled Worker route allows you to sponsor individuals to work for you provided that they meet the eligibility criteria, their role is on the list of eligible occupations and they meet the required salary thresholds.
To be able to switch from a Student visa to a Skilled Worker visa, a Student visa holder must have
This route can lead to settlement in the UK.
Employers may want to consider recruiting graduates as Skilled Workers in order to benefit from the 'New Entrant' option, which reduces the minimum salary and going rate requirements for eligible individuals.
'New Entrants' can include those under 26, or those who are switching from the Student route. The period spend in the UK on a Skilled Worker visa counts towards settlement.
There are also options under the Skilled Worker route which have lower minimum salary and going rate requirements for those who have graduated with a PhD, particularly in a science, technology, engineering or maths (STEM) subject.
Find more details on the Skilled Worker route on GOV.UK opens in a new window
If you are a qualifying UK scale-up, you may be eligible for this type of sponsor licence allowing you to sponsor a worker who would be doing a role that is:
Those with a Scale-up visa will be required to work in the qualifying role they are sponsored to do for their sponsor for a minimum of six months. After this initial six-month period, they are able to work for any employer in the UK at any skill or salary level.
Further details for potential sponsors can be found here opens in a new window and further details for potential scale-up visa applicants can be found here opens in a new window on GOV.UK.
This route allows graduates from certain top global universities to come to the UK to live and work temporarily, at any skill and salary level. Applicants do not need to have a job offer or sponsorship.
The visa is flexible and allows graduates to change job and employer in the UK and switch to other routes that can lead to settlement. Employers will not need to pay any fees to hire individuals with a high potential visa as the individual will pay any visa costs.
Read full details of the HPI visa on GOV.UK opens in a new window
The Youth Mobility Scheme visa might be another route to consider if you wish to recruit overseas graduates. It allows individuals to live and work in the UK, in most jobs regardless of skill level and salary level, for up to 2 years (or 3 years if they are from New Zealand).
It is open to applicants aged 18 to 30 from:
The scheme is also open to applicants aged 18-35 who are nationals of New Zealand.
Additionally, applicants aged 18 to 30 from the following countries can apply through the Youth Mobility Scheme ballot, and if chosen can apply for the Youth Mobility Scheme visa:
The India Young Professionals Scheme is also set to open in the near future. It will operate in a similar way to the Youth Mobility Scheme, but with some additional qualifications and experience requirements.
There's no sponsorship required and no employer fees (such as the Immigration Skills Charge) for this route, making it a flexible and cost-effective way of recruiting young talent temporarily. The application is completed by the individual, and costs include an application fee plus the health surcharge.
Find further guidance on the Youth Mobility Scheme route on GOV.UK opens in a new window
There are other visa options to consider for graduates, including the Temporary Worker - Government Authorised Exchange visa route.
The information contained in this update is accurate as at September 2023.
Note that each graduate's situation will be different, and there may be other options open to them. Each route has its own advantages. You may wish to seek further advice on the best options if you are looking to recruit.
The key is planning ahead in order not to miss any opportunities to hire the talent you need.
Someone on a Graduate visa can work in any job, with any salary level or skills level.
However, if they want to remain in the UK once their graduate visa has expired, they will need to find a job that's eligible for sponsorship before their current visa expires, with an employer who is prepared to sponsor them.
No. This new post-study visa route is only available to those who graduated from a UK educational establishment from the summer of 2021 onwards. The person must have applied for the visa before their current Student/Tier 4 visa expired.
No. The individual will have to pay certain visa fees (typically the application fee, plus the Immigration Health Surcharge), but an employer does not have to cover these.
Further details on these fees can be found on GOV.UK opens in a new window
The employer does not have to pay the Immigration Skills Charge for the period of employment when the person holds a Graduate visa – this is a significant cost saving compared to sponsoring someone under a route where there is no concession or exemption available.
Yes, you should be able to retain them provided that:
Yes, an employer will usually have to pay the Immigration Skills Charge if they sponsor an employee to switch from the Graduate route to the Skilled Worker route. However, there are exceptions to this for certain occupation codes.
Find more information on UK visa sponsorship for employers on GOV.UK opens in a new window
Those who graduated before summer 2021 will not generally be eligible for the Graduate route, but they may still be eligible for sponsorship under the Skilled Worker route depending on the salary and skill level of role they will be undertaking for you.
The resident labour market test (RLMT) was abolished in December 2020. This means that the RLMT is not required to sponsor anyone under the Skilled Worker route.
However, you should still retain evidence of any recruitment process in line with the Appendix D guidance from GOV.UK opens in a new window .
Yes, employers may benefit from certain rules under the Skilled Worker route if they have an employee or recruit who is switching from the Graduate route. In particular, employers may be able to benefit from the 'New Entrant' rules, which allow them to pay 70% of the going rate set out in the Immigration Rules for the occupation code in question, or £20,960 (whichever is higher).
This means that 'New Entrants' may still be eligible for sponsorship even if their salaries are lower than the general minimum salary levels in place.
Read more about when an employee can be paid less on GOV.UK opens in a new window
However, the New Entrant salary rules only apply for four years. After that, the going rate for the occupation code or £26,200 must be paid – whichever is higher. Time spent on the Graduate route will also count towards that four-year period, so if someone spends two years on the Graduate route, they can only benefit from two years of the New Entrant salary rules.
Those switching from the Graduate route to the Skilled Worker route should also automatically meet the English language requirements opens in a new window and the financial requirements opens in a new window specified on GOV.UK.
This should help streamline the process for employers.
Find out the Skilled Worker Visa going rate on GOV.UK opens in a new window
The rules on who is eligible for sponsorship under the points-based system were updated at the end of 2020. Both medium and highly skilled roles are now eligible for sponsorship, and the minimum salary levels were reduced.
This means that more roles are eligible for sponsorship than was previously the case. It’s worth checking whether you have roles that are eligible.
Read our guidance on understanding the visa and immigration process
If you do have eligible roles, you can apply for a sponsor license so that you are able to sponsor an employee or new recruit if necessary.
It's also recommended that you get legal advice on employment law so you can understand the risks associated with any decisions related to employees or recruits based on their immigration status.
Those graduating from a qualifying PhD course in the UK may be eligible for a three-year Graduate visa, which would cover the duration of your graduate programme.
If that’s not the case and the individual has a two-year Graduate visa, it may be possible to sponsor them under the Skilled Worker route so they can complete the third year of your graduate programme.
As mentioned above, there are certain concessions in place to make sponsorship easier for those switching between these two routes. The Skilled Worker route also allows for the sponsorship of most medium and highly skilled jobs – therefore it’s possible that a graduate programme will be considered skilled enough to be eligible for sponsorship (subject to the other eligibility criteria).
It's also recommended that you get legal advice on employment law so you can understand the risks associated with any decisions related to employees or recruits based on their immigration status.
Those with Student visas must apply to transfer to the Graduate route before their current visa expires. An individual cannot apply to switch to the Graduate route if their Tier 4/Student visa has already expired.
If an international student already has family members with them in the UK as dependents under their Student visa, then those family members will usually be able to switch to the Graduate route with them and remain in the UK as their dependants.
However, those switching to the Graduate route usually cannot bring new overseas family members to join them in the UK as dependants.
Got a question about hiring talent, immigration, visas, sponsorship or something else? Get in touch with our helpful team to discuss the support we can offer.
