Employing non UK nationals FAQs
Your primary obligation as an employer is to ensure that you do not employ any person illegally.
Offering employment to people who are citizens of any country within the European Economic Area (EEA) and Switzerland continues to be legal and the right to travel and work in EU member states continues to apply whilst the UK is a member of the EU.
Existing Employees who hold EEA/Swiss Nationality
- Employees whose right to live and work in the UK is based on the above should apply for a REGISTRATION CERTIFICATE.
- At the current time, it is likely that subject to the United Kingdom leaving the EU, all and any EEA nationals working for your organisation will need to apply for and obtain British Nationality in order to remain living and working in the UK post “Brexit”.
Offering employment to people who are citizens of any country outside the European Economic Area (EEA) and Switzerland requires a valid VISA that confers the right to both live and WORK in the UK.
There are a range of VISAs that enable entry to the UK.
TIER 2 VISA
The VISA most commonly used to employ people within schools is a TIER 2 VISA which requires both:
Skills shortage occupations relevant to schools as at 28.2.2017: Secondary education teachers in the subjects of maths and science (physics and chemistry only) (minimum salary levels apply).
The right to work in the UK ENDS on expiry of a TIER 2 VISA; any application to extend must be applied for by the employee in good time and as the employer you must contact the Employer’s Checking Service and obtain written confirmation from the Home Office that you may continue to employ that person beyond their VISA expiry date pending the outcome of an application to extend and or appeal a decision. You cannot rely on any reassurances from an employee or their representative to protect you from criminal liability.
TIER 5 YOUTH AND MOBILITY SCHEME
The other VISA that might be applicable is the TIER 5 Youth and Mobility Scheme
The Tier 5 VISA can be applied for by people aged 18 -30 and if granted it is for a fixed period of 2 years (a TIER 5 VISA cannot be extended).
There are conditions and some restrictions on who can apply and the process of application.