André Minnaar, partner and head of the immigration team at Midlands law firm Sydney Mitchell, offers an overview of UK immigration law relevant to recruiting workers from overseas
According to recent data, around 300,000 foreign workers are currently employed in the UK care sector, and over the last 12 months the number of overseas recruits has increased, but the number of visas granted has decreased.
Any business wanting to recruit a foreign worker from abroad needs to first apply to UK Visas and Immigration (UKVI) for a sponsorship license. Only if the licence is approved will the business be entitled to employ workers from abroad to work for the business in the UK. The same applies when looking to employ a foreign worker who is already in the UK on another route. Employing foreign workers without authority is a serious offence, liable to huge civil penalty fines.
UKVI recently introduced measures to bring net migration down, and stepped up scrutiny of the visa system, not least in response to the alleged high levels of non-compliance and worker exploitation, as well as unsustainable levels of demand. These measures, including the significant increase on the financial income threshold, have had a particularly harmful impact on social and health care.
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