Guide

Employ a member of staff using a Skilled Worker visa (advice for managers)

Updated on 15 June 2022

If you intend to employ a member of staff who is not currently in the UK, it is likely you will need a Skilled Worker visa.

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If your prospective employee is:

  • a UK national
  • an Irish national
  • from the Crown Dependencies (Isle of Man, Guernsey and Jersey)
  • has EU settled or pre-settled status

they do not need a visa to work in the UK

In all other cases it is likely your prospective employee will need a Skilled Worker visa to take up an job opportunity at the University.

Check if you need a UK visa

You can check on the UK Government website which type of visa you require.

You need to answer three questions and will be told which type of visa you need, plus any additional requirements.

Employing someone from outside the UK

Following normal recruitment procedures, HR will establish if a candidate is a non-UK/Irish national and they require sponsorship for a visa.

If this is the case, the University will arrange to provide a Certificate of Sponsorship which will allow them to apply for a Skilled Worker or other appropriate visa.

Visa applications are handled by UK Visas and Immigration (UKVI), a division of the Home Office. As a sponsoring employer, the University of Dundee needs to liaise with and keep up to date records for UKVI.

It is the candidates responsibility to apply for the visa. The University will provide documentary evidence for sponsorship but cannot guarantee a successful application.

Responsibilities for line managers

There are several tasks you, as a line manager, can do to ensure a smooth visa application process.

  • Ensure the job title and job description provided to HR are accurate and up to date.
  • Plan to commence recruitment in plenty of time (visa applications can take several weeks to process).
  • Avoid committing to start dates with candidates – sponsorship and visa processes can be lengthy.
  • Check skills, qualifications, and accreditations at interview.
  • Ensure your new staff member provides evidence of their right to work in the UK before their first day of work and they complete their new start documents with HR.

Academic Technology Approval Scheme (ATAS)

Some job roles may require a separate application to the ATAS scheme. This may be applicable to researchers who are already employed by us should they need to make an application to extend their current visa. HR will advise if this is necessary and can provide guidance.

Responsibilities for HR

We must hold accurate records and report certain changes in circumstance to UKVI. Records include details of the role, certain terms and conditions (such as pay, hours of work), and personal contact details.

As we need to inform UKVI of any changes, line managers assist us by informing us immediately about:

  • First day of work – if a sponsored individual does not turn up and the reason why
  • Absences – if a sponsored individual is absent for an unauthorised reason
  • Changes to employment – hours worked, salary, location and if a sponsored individual resigns
  • Changes to visa category – if a sponsored individual is granted indefinite leave to remain

Obligations on a sponsored individual

The employee must inform HR if they change their address or contact number using the change of personal contact details form.

Penalties for non-compliance

If we do not comply with the responsibilities set out above, our licence could be revoked, suspended, or downgraded. This would prevent the University from continuing to employ sponsored individuals.

Civil penalties (fines and imprisonment) can be imposed if we are found to be employing illegal workers

Guide category Human resources