The UK energy sector is set for a recruitment boost following the launch of new work immigration routes, as Anne Morris explains.
The UK Government has launched several new work visa routes with the potential to transform recruitment programmes in the energy industry.
With employers across all sectors competing for best talent, the challenge for energy companies is to understand the new routes and diversify their recruitment programmes to take advantage of enhanced access to the global talent market across all skill levels.
Recruiting overseas workers
The UK’s immigration system comprises two types of work visa: sponsored work visas and unsponsored work visas.
Since the end of EU free movement, UK employers have, except in limited circumstances,been restricted to recruiting non-UK resident workers under sponsored routes.
Sponsorship visas require the employer to have applied for a sponsor licence from the Home Office and to meet ongoing licence compliance and management duties. In practice, the time, expertise and expense of managing a sponsor licence have deterred many employers from recruiting internationally.
But changes to the Immigration Rules announced earlier this year have seen a number ofnew unsponsored work visas introduced. Hiring under an unsponsored work visa means the employer will not have to pay the costs associated with sponsoring workers, such as the Immigration Skills Charge, offering greater flexibility and reducing the immigration compliance demands on employers.
As well as new unsponsored routes, the Government has also launched new sponsored work visas, aimed at specific types of workers.
Together, this new ‘menu’ of visas for overseas workers offers companies a lifeline to address current and future talent needs.
What are the UK work visas employers can now consider?
Unsponsored UK work visas
Graduate route
Under the Graduate route, international students studying in the UK can remain in the country after graduating for up to two years, or up to three years if they have a PhD.
The route imposes no restrictions on the type of work or job the graduate must do during this time. However, as the route only allows limited leave to remain, the graduate must apply for a different visa to maintain lawful status to stay in the UK.
To continue working in the UK, Graduate visa holders can apply to switch into a longer-term category such as the sponsored Skilled Worker visa, but the worker and the role must both qualify under the visa requirements and the employer must be a licensed sponsor.
High Potential Individual route
The High Potential Individual Route aims to attract international graduates to the UK, with the potential to open graduate recruitment programmes up to non-UK graduates.
Open from 30 May 2022, the visa allows international graduates from certain high calibre, overseas universities to come to the UK without a job offer or a UK degree, provided they meet the eligibility requirements, such as obtaining their degree within the previous 5 years.
Visa holders can stay for a period of 2 years, or 3 years where the applicant holds a qualification equivalent to a UK PhD. As with the Graduate route, this visa is short term but allows holders to switch into a longer-term worker route, such as the Skilled Worker visa, where they meet the visa requirements.
Global Talent visa
Another route offering flexible working terms without employer sponsorship is the Global Talent visa.
As with the two graduate routes, there are no restrictions for Global Talent visa holders on the type of work they can do, nor do they need to be sponsored.
However, the visa is open only to people who can show exceptional achievement or promise within in their professional field. Candidates have to secure endorsement from an authorised body before they can apply for their visa, so while it is an attractive status for employers, the worker must have attained the necessary endorsement.
Sponsored work visas
Where unsponsored roles are not available, or for longer-term permission to work in the UK, consider the following sponsored work visas:
Skilled Worker visa
Currently the UK’s primary work visa route, the Skilled Worker visa is for highly skilled workers with a job offer from a licensed sponsor in a role that meets skill and salary requirements.
Once the visa has been granted, skilled workers can bring their immediate family with them to the UK and they are able to stay in the UK for up to 5 years, at which point they can become eligible for Indefinite Leave to Remain.
This route can, however, present recruitment risks for employers. Before the worker can apply for their visa, the organisation has to be granted a sponsor licence. Delays and uncertainty with the licence application process can therefore lead to employers missing out on candidates. Because of this investment, the Skilled Worker visa is considered a longer-term recruitment solution, suitable for permanent roles.
If the worker finds a new job, they have to be sponsored by their new employer and their new job has to meet the visa requirements relating to skill and salary levels.
Global Business Mobility visa
Launched on 11 April 2022, the Global Business Mobility route has five sub-categories of visas designed for different types of workers: Senior or Specialist worker visa, the Graduate Trainee visa, the UK Expansion Worker visa, the Service Suppliers visa and the Secondment Worker visa.
Whilst none of these routes lead to settlement, they allow for workers with specific expertise to be deployed to the UK to support specific projects or commercial needs.
For example, the Senior or Specialist worker visa replaces the old ICT visa, allowing certain overseas workers to move quickly and with ease between the UK and international offices, while the UK Expansion Worker visa has replaced the Sole Representative Business visa,allowing overseas companies to deploy multiple representatives to the UK to establish and expand UK-based operations.
The Graduate Trainee visa is for companies in the UK with overseas operations that have graduates undertaking training who need specialised training to gain the experience of a work placement in the UK that is leading to a specialised role or senior management position. This route can help enhance overseas companies’ existing graduate trainee programmes by allowing their trainees to gain experience within UK operations, enhancing relations between overseas operations.
Impact for energy employers
The new ‘menu’ of unsponsored and sponsored work visas should open up access to global talent for energy employers of all sizes in the UK. With greater choice and certainty when hiring overseas workers, the challenge for employers will be to adapt recruitment planning and talent acquisition programmes to avail of the new routes.
Anne Morris is a corporate immigration lawyer and Managing Director at employer solutions law firm, DavidsonMorris.
Anne Morris
