SPONSOR LICENCE & WORK VISAS TO EMPLOY FOREIGN CONSTRUCTION WORKERS
Sponsor licence can be obtained by construction & building businesses to employ foreign overseas builders and construction workers on Skilled Worker and other work visas in the UK. The sponsor licence will assist UK companies that struggle with the local staff shortages in the construction sector.
Once the sponsor licence is granted to your business by the UK Home Office, your licence is valid for 4 years and it will give you the authority to employ overseas workers on work visas at your business. Your sponsor licence is subject to automatic renewal for further 4-year duration each time, for as long as you need it.
There is no limit on how many overseas migrant workers you can employ on Skilled Worker and other work visa categories (such as Global Business Mobility visas if you are a multinational business with a branch or subsidiary company in the UK), as long as the job roles are genuinely required by your business. This is called the ‘genuine vacancy test‘. In a nutshell, the jobs must be needed by your business for its operations, and not just created to facilitate the entry of foreign nationals to the UK. The Home Office provides their guidance on the Test in their sponsor guidance.
STAFF SHORTAGES IN THE UK CONSTRUCTION & BUILDING SECTOR
Staff shortages are considered as one of the main problems faced by the construction sector in the UK. According to Construction Skills Network (CSN) report, more than a quarter of a million extra construction workers will be needed by 2026 to meet growing demands on the UK sector. Carpenters, joiners and construction managers are among the job positions that are most in demand, along with a wide range of technical roles.
WHAT KEY REQUIREMENTS YOUR BUSINESS HAS TO MEET WHEN APPLYING FOR A SPONSOR LICENCE
There are some requirements that businesses have to meet when applying for a sponsor licence. We list these key requirements below for your reference:
- Already have trading presence and operate lawfully in the UK.
- Have relevant HR systems and procedures in place (we will guide you on this).
- Be honest, dependable and reliable (e.g. have HMRC/Tax, company affairs in good order and your Office Holders and Key Personnel must not have criminal offences and/or immigration offences on their record).
- Have at least one employee or Director who is ‘settled’ in the UK to fill the Key Personnel roles for your sponsor licence application.
- Be able to offer skilled jobs at the NQF Level 3 or above (the job must be skilled to at least level 3 NQF). The qualifying jobs are listed in the Immigration Rules Appendix Skilled Occupations.. Many jobs in construction & building industry sector are meeting the skill level for the Skilled Worker work visa. We list those jobs further below.
MINIMUM SALARY AND GENUINE VACANCY TEST FOR SPONSOR LICENCE
To meet the requirements for sponsor licence and work visa, you need to pay at least the minimum salary required for a specific visa work category. We focus below on the Skilled Worker visa category, as this is the most common work visa used by businesses in the UK.
- Be able to pay the minimum salary required for the Skilled Worker visa (the minimum is normally not less than £26,200 gross per year OR the minimum for a particular job role, whichever of the two is higher. We recommend that you to read our other article on the minimum salary for Skilled Worker visa, as it gives more details on the salary requirement. The minimum salary is due to increase from 4th April 2024 to £38,700 per year. This is a significant change to the salary requirement.
- The Genuine vacancy test must be met. The jobs that you intend to offer to migrant workers must be genuinely required by your construction business (i.e. those jobs are needed for your company’s operations and the jobs are not just created to facilitate the migrant’s entry to the UK).
WHAT IS THE COST OF SPONSOR LICENCE AND WORK VISAS
The current application fee for sponsor licence is £536 for small sponsors or charities and £1,476 for other sponsors. There is an extra £500 fee if you decide to use the expedited processing. We prepared application fee calculator that will help you in understanding what fees you will have to pay.
WHAT CONSTRUCTION & BUILDING JOBS QUALIFY FOR UK WORK VISA
Examples of the jobs that qualify for UK Skilled Worker work visa are listed below. This will give you an idea what jobs are accepted for the Skilled Worker work visa. The complete list of jobs is available in the Home Office Appendix Skilled Occupations.
| 1122 Production managers and directors in construction | • Building Services manager • Construction manager • Director (building construction) • Owner (electrical contracting) |
| 2121 Civil engineers | • Building engineer • Civil engineer (professional) • Highways engineer • Petroleum engineer • Public health engineer • Site engineer • Structural engineer |
| 2431 Architects | • Architect • Architectural consultant • Chartered architect • Landscape architect |
| 2433 Quantity surveyors | • Quantity surveyor • Surveyor (quantity surveying) |
| 2434 Chartered surveyors | • Building surveyor • Chartered surveyor • Hydrographic surveyor • Land surveyor |
| 2435 Chartered architectural technologists | • Architectural technologist |
| 2436 Construction project managers and related professionals | • Contract manager (building construction) • Project manager (building construction) • Transport planner |
| 3114 Building and civil engineering technicians | • Building services consultant • Civil engineering technician • Survey technician • Technical assistant (civil engineering) |
| 5241 Electricians and electrical fitters | • Electrical contractor • Electrical engineer • Electrical fitter • Electrician |
| 5312 Bricklayers and masons | • Bricklayer • Dry stone waller • Stone mason |
| 5313 Roofers, roof tilers and slaters | • Mastic asphalt spreader • Roof tiler • Roofer • Roofing contractor • Slater • Thatcher |
| 5314 Plumbers and heating and ventilating engineers | • Gas engineer • Gas service engineer • Heating and ventilating engineer • Heating engineer • Plumber • Plumbing and heating engineer |
| 5315 Carpenters and joiners | • Carpenter • Carpenter and joiner • Joiner • Kitchen fitter • Shop fitter |
| 5316 Glaziers, window fabricators and fitters | • Glass Cutter • Glazier • Installer (double glazing) • Window fabricator • Window fitter |
| 5319 Construction and building trades not elsewhere classified | • Acoustician • Builder • Building contractor • Fencer • Maintenance manager (buildings and other structures) • Property developer (building construction) |
| 5321 Plasterers | • Fibrous plasterer • Plasterer • Plastering contractor |
| 5322 Floorers and wall tilers | • Carpet fitter • Ceramic tiler • Flooring contractor • Mosaic floor layer |
| 5323 Painters and decorators | • Artexer • French polisher • Paper hanger • Ship sprayer • Wood stainer |
| 5330 Construction and building trades supervisors | • Builder’s foreman • Construction foreman • Construction supervisor • Maintenance supervisor • Site foreman |
WHAT CONSTRUCTION JOBS ARE ON THE UK SHORTAGE OCCUPATION LIST
The Shortage Occupation List offers lower salary requirements and lower visa application fees for jobs identified as being in shortage and where immigration is a sensible part of addressing that shortage. Following recommendations by the Migration Advisory Committee (MAC), all jobs in the below listed occupations in construction are being added to the list. However, it is important to note that Shortage Occupation List (SOL) is due to be transformed and the benefit of paying 80% of the going salary rate for the SOL listed job is due to be removed in the near future (likely to be as early as in April 2024). You may wish to read our blog on the upcoming changes for Skilled Worker visa in 2024.
• 5312 Bricklayers and masons
• 5313 Roofers, roof tilers and slaters
• 5315 Carpenters and joiners
• 5319 Construction and building trades not elsewhere classified
• 5321 Plasterers
Following a further recommendation by the MAC, dryliners are being reclassified to the same occupation code as plasterers, making the job eligible to be sponsored for the Skilled Worker route and included on the Shortage Occupation Li
OCCUPATION CODES WHICH ARE NOT ELIGIBLE FOR THE SKILLED WORKER
Some jobs (occupations) are specifically listed by the UK Home Office as not skilled enough for sponsored work visas. The minimum skill level required for Skilled Worker visa is NQF Level 3. Examples of jobs that do not qualify for UK sponsored work visas in the construction & building industry are listed below and the complete list can be found in the Appendix Skilled Occupations.
8141 Scaffolders, stagers and riggers
8149 Construction operatives not elsewhere classified
8221 Crane drivers
8229 Mobile machine drivers and operatives not elsewhere classified
9120 Elementary construction occupations
