A Guide for UK Employers recruiting from Hong Kong on the British national (overseas) visa
A Sponsor Licence Solicitors look at the one of the alternatives to sponsoring employees on the skilled worker visas
UK employers are struggling to recruit the staff they need, partially because of the end of free movement for EU nationals on the 31 December 2020. Although companies are applying for sponsorship licences so that they can sponsor overseas employees on the skilled worker visa, HR directors are asking Sponsorship Licence lawyers whether there are alternate visa options to recruit from overseas to meet their recruitment needs. In this article we take a look at targeted recruiting from Hong Kong and the British national (overseas) visa.
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For business immigration and employment law advice call the expert London Sponsorship Licence lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
Why is the British national (overseas) visa good news for UK employers?
The British national (overseas) visa is good news for those UK employers who are desperate to fill vacancies and are unable to do so because:
- They can not recruit from the available pool of British or settled workers.
- The jobs they have on offer do not meet the eligibility criteria for the skilled worker visa. For example, the job may not meet a standard occupational code for a certificate of sponsorship or the job may not meet the required minimum salary threshold or the skill criteria for the employer to be able to recruit overseas employees on skilled worker visas.
- They are not able to sponsor new employees because their sponsor licence has been suspended.
What are the key differences between the skilled worker visa and the British national (overseas) visa?
If an individual secures a British national (overseas) visa they can:
- Come to the UK without first securing a job.
- Work for a UK employer who does not have a Home Office issued sponsor licence.
- Take up employment that does not meet the skilled worker visa eligibility criteria. For example, the job does not need to meet occupation code criteria.
- Bring family members who meet the dependant criteria.
- Live and work in the UK for up to five years.
- Apply for indefinite leave to remain once they meet the residence requirement and general eligibility criteria. After holding indefinite leave to remain status for at least twelve months they can go onto apply for British citizenship.
These are all significant advantages in comparison to the skilled worker visa. In addition, if a UK employer recruits a worker who is in the UK on a British national (overseas) visa then, as they do not need to be sponsored, the employer does not have to meet all the sponsor licence reporting and recording duties that they are obliged to do with a sponsored employee who is in the UK on a skilled worker visa. However, the UK employer will still need to conduct right to work checks on all employees, including those in the UK on British national (overseas) visas, as failure to do this would mean the UK business is not complying with illegal working legislation.
Who can UK employers recruit on a British national (overseas) visa?
A UK employer can recruit anyone with a right to work in the UK and that includes a successful British national (overseas) visa applicant. As part of the eligibility criteria for the British national (overseas) visa all applicants have to have British national (overseas) status.
As applicants for the British national (overseas) visa can apply for the visa from Hong Kong or from the UK recruitment can take place in either Hong Kong or the UK but the key point is that the British national (overseas) visa applicant does not need a job offer to come to the UK though assurance of a job in the UK will undoubtedly encourage applicants who would otherwise worry that they might not be able to secure suitable employment in the UK.
Around 65,000 Hong Kong nationals have already applied for or obtained a British national (overseas) visa. Sponsorship Licence lawyers say that according to government figures over five million Hong Kong residents could apply for a Hong Kong visa although the government estimated that only around 300,000 applications would be made. However, the UK government has not limited or capped the number of British national (overseas) visas available.
The British national (overseas) visa eligibility criteria are very straightforward in comparison to other visa routes as it is almost purely based on nationality rather than the skills or qualifications of an applicant.
The eligibility criteria for the British national (overseas) visa are:
- Person with British national (overseas) status who is ordinarily resident in Hong Kong or the UK or crown dependants.
- Able to support themselves for at least six months and accommodate themselves.
- Have a TB certificate.
- Meet the general eligibility criteria for UK entry clearance.
Are there other non-sponsored visa routes available for UK employers looking to recruit from overseas?
Sponsorship Licence lawyers say that in addition to the British national (overseas) visa there are other visa routes where an applicant does not need a job offer from a sponsoring employer to come to the UK. For example, the graduate visa. However, the graduate visa is far more restrictive in some ways than the BNO visa as a graduate visa applicant needs to be an international student on a student visa to meet the eligibility criteria. In addition, the graduate visa does not lead to settlement in the UK.
Sponsorship Licence lawyers do not just offer specialist legal advice on applying for a sponsor licence or on managing your sponsor licence but also look at all your business immigration options and needs as well as advising on your employment law needs.
UK Online and London Based Immigration Solicitors and Sponsorship Licence Lawyers
For expert help with your business immigration and employment law requirements call our Sponsorship Licence lawyers at OTS Solicitors on 0203 959 9123 or contact us online.