Tech Talent: Immigration Strategies for UK Employers
The UK’s tech sector is expanding at a rapid rate – in 2019, investments grew to £10.1 billion, an increase of £3.1 billion compared to 2018. This level of growth was the highest globally (beating both the US and China) and the UK is also now known as the ‘Unicorn Capital’ of Europe. The tech sector is also growing behind the scenes, with many companies in other sectors relying on sophisticated in-house tech experts to function at full capacity.
It should therefore come as no surprise that many British companies are heavily recruiting a variety of tech roles (software developers, machine learning engineers, computer systems analysts, network architects – to name but a few). Given the need to recruit the best talent regardless of their nationality, a key component of any British company’s recruitment strategy will inevitably involve immigration. Here, we outline our top five tips for ensuring applicants requiring a UK visa can be recruited quickly and effectively. This is crucial, as the best candidates often have multiple offers and an immigration process which is both quick and smooth can be a deciding factor.
It is worth noting that most of our tips below involve the hiring company having a Tier 2 sponsor licence in place already – if not, obtaining a sponsor licence would be step one in preparing to recruit foreign talent quickly. Sponsor licences usually take at least four weeks to be obtained (longer including preparation time) so this process should be undertaken prospectively.
Tip Number 1: Explore the Shortage Occupation List
The UK Government recently updated the Shortage Occupation List to include a number of tech roles. When a role falls under the Shortage Occupation List, there is no need to undertake the Resident Labour Market Test – a fairly arduous advertising process which usually adds around four to six weeks to the process (see below). It is worth mentioning that roles paying a guaranteed salary of at least £159,600 gross per annum do not need to be advertised even if they do not fall under the Shortage Occupation List, however from experience this not applicable in the majority of roles.
So, the first step is usually to review a full job description for the relevant role(s) and determine whether they fall under the Shortage Occupation List. If so, this removes a lot of the timing pressure as a request for a Tier 2 (General) Restricted Certificate of Sponsorship can simply be submitted to the upcoming monthly panel (for overseas applicants), or a Certificate of Sponsorship can be assigned to in-country applicants. The team at Eversage would be happy to discuss this further with you, including assisting with determining whether highly-recruited roles fall on the Shortage Occupation List.
Tip Number 2: Rolling Resident Labour Market Test
For positions which do not fall under the Shortage Occupation List, we recommend undertaking a ‘rolling’ Resident Labour Market Test for those roles which are heavily-recruited and likely to involve hiring overseas talent under Tier 2 (General). While this is a relatively low-cost exercise, the requirements of the Resident Labour Market Test are very technical and must be complied with carefully. Our team is very experienced in this area and would be pleased to assist by preparing, posting and monitoring the advertisement(s) on your behalf, then reminding you when it is time to re-post the advertisements in due course. We can also advise fully on the requirements if you would prefer to undertake this process yourself.
Tip Number 3: Hiring Recent Graduates from British Universities
Overseas students in the UK with a Tier 4 visa are usually permitted to work up to 20 hours in term time and full-time in vacations, provided the role is not a full-time vacancy. Thus, some companies prefer to use internships to seek out excellent new talent in order to ‘test the waters’ before committing to sponsorship under Tier 2 (General). If you do choose to sponsor a recent graduate, there is usually an exemption from completing the Resident Labour Market Test provided the individual has attended a qualifying university (whether or not they have completed an internship with you). The application must be submitted from within the UK (before the individual returns home after graduating) in order to benefit from this exemption. Please get in touch to discuss the nuances relating to timing and the qualifying universities.
Tip Number 4: Transferring from an Overseas Office
While the three tips above involve applications under Tier 2 (General), and alternative may be to transfer employees of linked overseas offices to the UK office under the Tier 2 (Intra Company Transfer) category. Traditionally, this required at least 12 months’ employment in the overseas office, however it is now possible to transfer recently-employed individuals provided the UK role will pay at least £73,900 gross per annum. It is worth noting that this category never leads to permanent residence in the UK and is capped at a five year visa (sometimes extended to nine years if the individual earns at least £120,000) – so this route is not appropriate for any employees who may wish to settle in the UK permanently.
Tip Number 5: The ‘Tech Nation’ Visa
The so-called Tech Nation visa involves an individual applying to Tech Nation to be endorsed as exceptionally talented or exceptionally promising – this individual must usually be well-established or a rising star in the tech sector, so new graduates are often excluded. Provided they obtain a Tech Nation endorsement, the individual can then apply for a visa (known as the Global Talent Visa from 20 February 2020). We will not go into the nuanced requirements for endorsement here, however we are experienced in this area and would be happy to advise further on request.
From an employer’s perspective, the Tech Nation visa does not require a job offer – so it is less expensive and ‘involved’ for employers, as the individual usually obtains it on their own. That said, unlike Tier 2 the Tech Nation visa is also not tied to any company or role – so it is much easier for an individual to accept competing offers and change their employer. For some companies, it may therefore be preferable to support a Tier 2 visa application.
Get in touch!
If you are hiring overseas talent to fill tech roles in the UK, please get in touch so we may discuss your requirements and develop a suitable UK immigration strategy.