As a UK employer with international talent, you can expect that some of your expat employees will be looking to stay in the UK indefinitely. This can be a difficult process for them, so supporting them through their journey can be a surefire way to retain them as top-performing talent.
In this blog post, we'll cover the main points you need to know as an employer about UK visa extensions, including eligibility, application processes, and a section on transitioning to Indefinite Leave to Remain (ILR) for long-term residency.
1. General Overview of UK Visa Extensions
Visa extensions are critical for employees who wish to continue living and working in the UK legally after their initial visa expires. As an employer, knowing the essentials can help you guide and support them.
Eligibility Requirements
To extend their visa, employees typically need to meet these criteria:
- Current Visa Type: The visa must be eligible for extension. Common extendable visas include Skilled Worker Visas, Student Visas, and Family Visas.
- Continuous Compliance: Employees must have adhered to the terms of their existing visa, including employment conditions and length of stay.
- Financial Thresholds: Some visas, like family or spousal visas, require proof of income or savings to meet minimum financial criteria.
When to Apply
Applications should generally be made at least 8 weeks before the current visa expires to avoid legal issues. However, processing times vary, so starting early is crucial.
2. The Application Process
The process for extending a visa involves several key steps:
Step 1: Check Eligibility and Documents
Employees must confirm that their visa allows an extension and gather necessary documents, such as:
- Current passport and BRP (Biometric Residence Permit)
- Proof of employment, income, or sponsorship (talent retention tip: this is where you can be indispensable and quickly prepare the necessary documents!)
- Updated proof of English language proficiency (if applicable)
Step 2: Application Submission
Applications are submitted online via the Home Office portal. Depending on the visa type, applicants may also need to attend a biometric appointment or provide updated health checks.
Step 3: Decision Wait Times
Processing times for visa extensions vary. Standard applications typically take 8 weeks, but priority services can shorten this to 5 working days.
Employer-Specific Responsibilities
For visa categories like the Skilled Worker Visa, employers must:
- Ensure their sponsorship licence is valid and in compliance with Home Office requirements.
- Issue a new Certificate of Sponsorship (CoS) to the employee.
3. Best Practices for Employers
As an employer, maintaining compliance with immigration laws is vital for retaining your international talent. Key recommendations include:
- Early Communication: Encourage employees to start the visa extension process early to avoid overstaying.
- Legal Assistance: Offer to connect employees with immigration specialists for tailored guidance. Localyze can help!
- Monitor Visa Expiry Dates: Use internal systems to track visa deadlines and remind employees.
- Update HR Practices: Ensure all visa-related employee records are current, including right-to-work documentation.
4. Transitioning to Indefinite Leave to Remain
For employees seeking long-term residency, Indefinite Leave to Remain (ILR) is the next step. It allows them to live and work in the UK without immigration restrictions. If you’re looking for an easy checklist to follow when supporting them through this process, we have you covered!
Eligibility for Indefinite Leave to Remain
Most visas require a minimum of 5 years of continuous lawful residence in the UK to qualify for ILR. Exceptions include:
- Accelerated ILR: Certain visas, such as the Innovator Visa or Global Talent Visa, allow applicants to qualify after 2-3 years.
- Long Residence ILR: A 10-year route is available for those with multiple qualifying visas over a decade.
Key requirements include:
- Continuous Residence: Applicants must have spent no more than 180 days outside the UK in a 12-month period during their qualifying period.
- Clean Record: A lawful immigration history with no breaches.
- Knowledge of Life in the UK: Applicants must pass the Life in the UK Test and meet English language standards.
Indefinite Leave to Remain Application Process
The ILR process is detailed but manageable with preparation:
- Document Submission: Similar to visa extensions, but with added emphasis on residence and absence records.
- Application Timing: Applicants should apply shortly before their qualifying period ends to ensure compliance.
Benefits of Indefinite Leave to Remain
- Unrestricted access to the UK job market.
- Freedom from visa renewals and associated fees.
- Eligibility for British citizenship after 12 months of holding ILR.
Supporting employees through the Indefinite Leave to Remain application can enhance long-term retention and loyalty.
Conclusion
Employers play a crucial role in helping workers navigate visa extensions and the pathway to Indefinite Leave to Remain. Understanding the processes, offering support, and staying compliant with sponsorship obligations are essential for fostering a legally secure and productive workforce. By proactively assisting your talent with their immigration status, you can build a reliable team while avoiding compliance risks.