A Guide to Sponsor Licence Applications

The main visa route available for non-British and Irish nationals wanting to work in the UK is now the Skilled Worker visa. The Skilled Worker visa is a sponsorship system: a foreign worker cannot simply apply for this visa unaided. Applicants need a job offer from a UK-based organisation willing to employ them before they can apply. In order to be able to employ foreign workers, an employer must obtain a sponsor licence. This enables them to issue “certificates of sponsorship” to applicants so they can get their visa. Here, we provide a guide to sponsor licence applications.

How to apply for a Sponsor Licence

The most common application within work-based migration is the Skilled Worker sponsor licence. Sponsors have to fulfil certain eligibility and suitability criteria to get their licence, including:
-The sponsor has to submit evidence to show that they are a genuine employer with a lawful trading presence in the UK.
-The Home Office will look at whether the organisation is “honest, dependable,
reliable”, and capable of meeting the responsibilities that it expects from sponsors.
-The sponsor must be able to demonstrate that they can offer “genuine
employment” that meets the skill and salary thresholds of the Skilled Worker route. The Home Office will assess whether a business truly needs the role they are
wishing to sponsor, and recruit for by examining the business type and the people they already employ to see if the sponsored role makes sense within their current
structure.
-The sponsor must be able to prove that their organisation has the HR or recruitment systems in place to meet the myriad sponsorship duties that an employer effectively signs up to when they become a sponsor.

What about Compliance Visits?

Sponsors need to be aware that the Home Office can visit them as part of the sponsor licence application process to check that their systems are robust enough. This is the principal method by which the Home Office can assess the suitability criteria.

Pre-licence visits are due to start again shortly after a hiatus for the pandemic. They will usually occur if the application is deemed high risk in some way, or if the sponsoring company is newly formed.

How long does it take for a decision to be made?

Decisions can take up to eight weeks. The Home Office has recently introduced a service to expedite a sponsor licence application for an extra fee of £500 which will ensure an application is decided within 10 working days.

The sponsor will be emailed with the result of the application and if successful they will be granted a licence valid for four years from the date of the decision. If the application is refused, there is no right of appeal against this decision and a six-month cooling-off period will kick in. This prevents the sponsor from making another application during this time period.

We hope that you have found this post on ‘A Guide to Sponsor Licence Applications’ useful.

Our immigration experts are able to provide advice and guidance in relation to a sponsor’s duties. Contact us here to learn more.

What to do if your Sponsor Licence is Downgraded, Suspended, or Revoked

In this post, we look at what to do if your sponsor licence is downgraded, suspended, or revoked.

UKVI is constantly assessing and checking if employers are meeting their sponsor licence obligation and duties, and if not, they may take action that prevents them from continuing to sponsor overseas workers. Employers may have their licence suspended, downgraded or revoked for non-compliance. In this post, we look at what to do if your sponsor licence is downgraded, suspended, or revoked.

What to do if your sponsor licence is downgraded

Following a compliance visit, UKVI may decide to downgrade your sponsor licence from an A-rating, the default for all new licences, to a B-rating. There are a number of reasons why this may happen, including a compliance officer finding minor issues with your sponsor licence compliance. As a B-rated sponsor, you will not be able to issue any new Certificates of Sponsorship until you have your A-rating re-instated.

Action to take

  • Respond to UKVI within 20 days of receiving the notification letter that your licence may be downgraded, providing any details and evidence showing that your licence should not be downgraded
  • If your licence is still downgraded, you may be asked to pay a fee for an action plan. Your sponsorship action plan will outline the steps you now need to take (e.g. to improve your record-keeping). If you pay the fee within 10 days, you will be able to continue using your sponsor licence, and your action plan will be sent to you. Alternatively, if you are not currently sponsoring anyone, you may choose not to pay the fee and simply surrender your licence. If you choose not to pay the fee or take the necessary action, your licence will be revoked.
  • Once you receive your sponsorship action plan, you will have 3 months to resolve the compliance issues identified. At the end of this period, UKVI will carry out further checks and if they are satisfied, they will either a) revoke your licence if the issues remain, b) provide a second action plan if new issues are found, or c) restore your A-rating.

What to do if your sponsor licence is suspended

When a licence is suspended, an employer is no longer able to issue new Certificates of Sponsorship (CoS). There are a number of reasons why sponsor licences may be suspended, including a breach of sponsorship duties.

Action to take

  • Respond to UKVI within 20 days of receiving the notification letter that your licence may be suspended, providing any mitigating details and evidence showing that your licence should not be suspended.
  • On receipt of your response, UKVI will review this information and then will either: re-instate your licence with an A-rating; re-instate your licence with a B-rating (and issue you with an action plan) – in which case refer to the above section; prevent you from assigning any new CoSs; prevent the use of any assigned, but unused, CoSs, or revoke your licence – in which case, see the next section.

What to do if your sponsor licence is revoked

There are an array of reasons why the Home Office may revoke your sponsor licence, such as a serious or systematic breach of sponsor duties or if your business poses a threat to immigration control. If your licence is revoked, you are no longer able to sponsor overseas workers, and any existing visas for sponsored workers will be cancelled.

Unfortunately, there is no right of appeal against a decision to revoke your licence and you will not be able to apply for another sponsor licence until 12 months from the date of revocation.

We hope that you have found this post on ‘What to do if your Sponsor Licence is Downgraded, Suspended, or Revoked’ useful.

Our immigration experts are able to provide advice and guidance in relation to a sponsor’s duties. Contact us here to learn more.

How does the immigration skills charge work?

How does the immigration skills charge work?

The immigration skills charge (ISC) is a fee that an employer may need to pay if they employ an overseas worker under their sponsor licence. Here we explore how does the immigration skills charge work?

When don’t employers need to pay the immigration skills charge?

If a worker has one of the following occupation codes, they will not need to pay the ISC:

  • chemical scientists (2111)
  • biological scientists and biochemists (2112)
  • physical scientists (2113)
  • social and humanities scientists (2114)
  • natural and social science professionals not elsewhere classified (2119)
  • research and development managers (2150)
  • higher education teaching professionals (2311)
  • clergy (2444)
  • sports players (3441)
  • sports coaches, instructors, or officials (3442)

Employers also don’t need to pay the ISC if they are employing someone who has switched from a student visa to a working visa.

For those on the Senior or Specialist Worker visa the ISC charge won’t be necessary if they were assigned a certificate of sponsorship after 1st January 2023, are an EU national (or hold a Latvian non-citizen passport), they usually work in the EU but have been temporarily transferred and their visa will last for no longer than 36 months. 

How much is the immigration skills charge?

The cost of the ISC is dependent on the size of the company paying it. Small companies will need to pay £364 for the first 12 months and £182 for each additional 6 months. Whereas larger companies must pay £1,000 for the first 12 months and £500 for each additional 6 months.

A small sponsoring company must have at least two of the following:

  • An annual turnover of £10.2 million or less
  • Total assets worth £5.1 million or less
  • 50 employees or less


We hope that you have found this blog post on ‘How does the immigration skills charge work?’ useful. Should you have any queries regarding the above information or if you require assistance with applying for a sponsor licence or recruiting an overseas workers, contact a member of our team here.

Commonly asked questions about the Innovator Visa

commonly asked questions about the Innovator Visa

Introduced in March 2019, the Innovator visa is one of the latest additions to the UK’s range of immigration options. The Innovator visa is for anyone who wants to set up or run a business in the UK. The business must be ‘innovative’, i.e. something new in the business field. The Innovator visa partly replaced the UK Tier 1 visa (Entrepreneur) route, which is now closed for new applicants. Here, we answer some commonly asked questions about the Innovator Visa.

What are the requirements for the Innovator Visa?

Applicants for the Innovator visa must meet the following criteria:

  • Be aged 18 or over
  • Be a genuine Innovator applicant
  • Want to set up or run a new business in the UK – applicants cannot join a business that is already trading
  • Have a new, innovative and viable business or business idea 
  • Have their business or business idea endorsed by an approved body
  • Have at least £50,000 in investment funds if setting up a new business, or have already invested £50,000 in the UK business (subject to certain exceptions)
  • Meet an English language requirement in speaking, reading, writing and listening – Level B2 of the Common European Framework of Reference for Languages (CEFR)
  • Provide proof of enough personal savings to support themselves, and any dependants, while in the UK. There are fixed amounts the applicant will need to be able to show
  • Not be at risk of being refused under the general grounds of refusal, which include, for instance, automatic refusal on the grounds of the previous overstay, deception and/or certain criminal convictions

There are different requirements if the applicant is applying relying on the same business as the business used in a previous endorsement under the Innovator, Start-Up, or Tier 1 (Graduate Entrepreneur) route.

What is the application process for the Innovator Visa?

The Innovator route is a two-stage application process. Applicants will first need to apply for endorsement from an ‘endorsing body’. Once endorsed, they will be able to apply for leave to enter/remain in this category.

Endorsing bodies are on an approved list and are sector-specific. The list can be viewed here.

To obtain an endorsement, applicants must have a business plan, and the endorsing body must be satisfied that they have created or made a significant contribution to that plan. The endorsing body will want to be satisfied that the applicant will be based in the UK and involved in the day-to-day management of the business and implementation of the business plan they put forward. The endorsing body will also want to see that the applicant is either the sole founder of the business, or that they are an instrumental member of the founding team. 

Applicants must be able to prove to an endorsing body that their business idea is:

  • Innovative – the business idea must be genuine and original. It must meet new or existing market needs and/or create a competitive advantage
  • Viable – applicants will need to show they have, or are actively developing the relevant knowledge and skills to carry out the business plan, and that the plan is realistic based on the applicant’s resources
  • Has potential for growth – the business must be scalable. Applicants will need to demonstrate structured planning and potential job creation and growth in to national and international markets

The endorsement letter must be used within three months after the date it has been issued.

Can you apply for the Innovator Visa from within the UK?

Applications can make an application for an Innovator Visa from within the UK, unless the applicant was last granted permission in the UK in any of the following visa routes, or is on immigration bail: 

  • Visitor
  • Short-term student
  • Parent of a child student
  • Seasonal worker
  • Domestic worker in a private household
  • Outside of the Immigration Rules

How much does the application process cost?

Entry clearance costs approximately £1,036 for the main applicant, with the same fee for dependants. In-country applications cost approximately £1,292 for the main applicant, with the same fee for dependants. 

In addition, applicants have to pay the Immigration Health Surcharge which is currently approximately £624 per person per year applied for.

How long does the Innovator Visa last for?

The Innovator visa is for three years. Applicants can apply for another three years when their visa is due to expire. There is no limit on the number of times the visa can extend. However, applicants may apply to apply for settlement once they have been in the UK for three years on an Innovator visa.

An innovator visa can be cut short if the endorsing body withdraws its endorsement.

What can’t be done on an Innovator Visa?

Innovators cannot:

  • Work as a professional sportsperson or sports coach
  • Work as a doctor or dentist in training
  • Receive public funds

We hope that you have found this post on commonly asked questions about the Innovator Visa useful. Our immigration lawyers have many years of experience in helping our clients get their visas and solve their immigration and legal issues. We’re here to provide advice when it comes to start-up and innovator visas.  Contact us here to find out more about how we can help you with your Innovator Visa application.

What do you have to do to maintain a sponsor licence?

What do you have to do to maintain a sponsor licence?

Businesses that hold a sponsor licence must comply with a number of duties and responsibilities set out by the Home Office, which are set out in the Sponsor Guidance.  If a sponsor fails to comply with the duties set out within the Sponsor Guidance, this can lead to a suspension or revocation of the sponsor licence, and that in turn means that the employment of sponsored workers must cease. But what do you have to do to maintain a sponsor licence?

The Sponsor Guidance is frequently amended and updated, and sponsors should ensure that those responsible for the maintenance of the licence regularly review the latest guidance in order to ensure that the organisation is up to date with its compliance and that any necessary changes regarding the sponsorship of workers are made.

Here, we look at what you have to do to maintain a sponsor license.

The duties of a sponsor

The Home Office’s intention is that sponsors should carry out many of the functions that were previously undertaken by immigration officers. The general aim of the sponsor duties is to ensure that those benefiting from the sponsor licence i.e. sponsors play their part in:

  • preventing abuse of sponsor assessment procedures;
  • capturing patterns of migrant behaviour that cause concern; and
  • monitoring migrant workers compliance with the Immigration Rules.

In order to meet the aims set out above, sponsors are required to adhere to a number of specific duties and these include:

  • notifying UKVI if there are any relevant changes to the sponsoring entity (for example, change of ownership/shareholding/acquisition, change of address, different key personnel, changes in the size of the sponsor (from small to large company, etc.);
  • monitoring the attendance/absences of sponsored workers;
  • reporting any changes to the sponsored worker’s employment;
  • carrying out right-to-work checks;
  • retaining documents as set out in Appendix D of the Sponsor Guidance;
  • complying with the law; and
  • cooperating with the Home Office.

Detailed information on all the duties and how to comply with them is contained in the Sponsor Guidance.

Compliance Visits

Compliance visits can happen before or after a sponsor licence is granted. If the Home Office has any concerns that a sponsor is not capable of complying with its duties, it may visit the sponsor at any time in order to carry out a compliance visit.

During a compliance visit, not only will the Home Office seek to determine that a sponsor is carrying out its duties but will also look into whether the employment that any sponsored worker is carrying out is genuine, whether those that run the organisation are honest and dependable and if the organisation is operating lawfully in the UK.

We hope that you have found this post on ‘What do you have to do to maintain a sponsor licence?’ useful.

Our immigration experts are able to provide advice and guidance in relation to a sponsor’s duties. Contact us here to learn more.

Changes to right-to-work checks

Changes that affect how businesses hire staff came into force on 1 October 2022. In the UK, it is a legal requirement to check a person’s right to work before you employ them, known as right-to-work checks. Here, we explore the latest changes to right-to-work checks.

What are right-to-work checks?

Employers have a legal responsibility to prevent anyone from working illegally by checking the immigration status of successful job applicants. These right-to-work checks form an important part of the onboarding process when hiring new staff for any business in the UK.

During the COVID-19 pandemic, the UK Government introduced digital right-to-work checks, meaning businesses were still able to continue to hire staff when face-to-face checks were not possible. 

What changes came into force on 1st October?

Changes were introduced in April 2022 to make the digital verification process more secure. And from 1 October 2022, UK businesses wishing to carry out digital checks must:

  • use identity service providers (IDSPs) that offers identity document validation technology (IDVT)
  • keep digital records for two years after an employee exits your business

Many businesses have moved to remote and hybrid working, so the option for secure, digital right-to-work checks is designed to help make the recruitment process more efficient.

IDVT is available for employers to use to conduct digital right-to-work checks for employees who do not fall within the scope of the online service, including British and Irish citizens who hold a valid passport. It is not mandatory for employers to use the IDVT and employers would be able to maintain a statutory excuse against a civil penalty if they continue to carry out compliant manual checks for British and Irish citizens. Checks conducted using IDVT must be carried out via an IDSP, and the list of certified IDSPs can be found here.

What does this mean for employers?

These changes mean that employers are no longer allowed to verify ID documents using less secure methods, such as email or video call.

Not complying with the new legislation could result in a £20,000 fine or being banned from sponsoring visas for foreign nationals in the future.

We hope that you have found this post useful. If you’d like to discuss right-to-work checks or other business immigration matters, contact our business immigration experts here.

How long can you stay in the UK on a Business Visa?

In order to visit the UK for business, you need to apply for the Standard Visitor Visa. This is a 6-month visa which you can apply for up to 3 months before you travel. Davenport Solicitors are business immigration experts and are on hand to guide you through the entire UK business visa process.

What is the UK Business Visa?

The UK business visa is a one-time or longer-term visa that allows holders to stay in the UK for up to 6 months at a time. You must apply for this visa if you are visiting the UK for reasons including:

  • Attending a meeting or training
  • Employees of a corporation based in another country are also allowed to engage in the following corporate or intra-corporate activities
  • Share skills and knowledge on a specific internal project with UK employees of the same corporate group, providing no work is done directly with clients, advise, consult, troubleshoot, or provide training
  • As an internal auditor for a UK branch of the same group of companies as your employer overseas, conduct regulatory or financial audits.
  • Receive training in work methods and procedures that are essential for the visitor’s employment abroad and are not available in their home country from a UK-based company or organisation.

What can’t you do with a UK Business Visa?

The business visa UK falls under the standard UK visitor visa and, as such, carries many of the same limitations. UK immigration laws are very strict, and it’s important that you have clarity when putting together your visa application.

If you don’t provide sufficient evidence of your eligibility and intent for travelling to the UK, you risk having your application refused by the Home Office, or being turned down by immigration authorities when you arrive.

While it may seem comprehensive, the UK business visitor visa rules have strict limitations on the business duties you can perform during a short-term stay in the UK with the visa.

Some of the things you can’t do with a business visitor visa include:

  • Doing paid or unpaid work during your stay. While there are a lot of business activities you can complete with a standard business visa, you can’t perform gainful employment, whether voluntary or not. If you’re working for an overseas company, you need to know that there’s a strict limitation on the work you can do during a short-term stay in the UK.
  • Live or work in the UK for a long period of time. As a category of the standard UK visitor visa, it has a strict restriction on the amount of time you can spend in the UK.
  • Receive any public funds. While performing a short-term business stay in the UK, you’re not permitted to access any benefits, grants, or bursaries from the UK government.

We hope that you have found this post useful. If you’d like to discuss applying for a business visa, contact our business immigration experts here.

What is the UK Start-Up route and who is it aimed at?

The UK Start-up route is a business immigration visa aimed at individuals who want to set up a business in the UK for the first time. They don’t need to be a graduate or have secured any initial funding in order to apply for the visa. However, you will need to have an innovative, viable, and scalable business idea that has been approved by an endorsing body. In this post, we look at what is the UK Start-Up route and who is it aimed at?


What is the UK start-up route?

The Startup Visa is a new visa route in the UK that allows entrepreneurs from outside the European Economic Area (EEA) and Switzerland to set up a business in the UK.

The route replaced the previous Tier 1 (Graduate Entrepreneur) visa and is mainly aimed at entrepreneurs looking to establish a business for the first time.

Who is the start-up route aimed at?

The Start-up route is aimed at early-stage, but high-potential, entrepreneurs who are looking to start a business in the UK for the first time.

Generally, Start-up route applicants will not already have started setting up their business in the UK. However, where they have, the new business should not yet have started trading. The only exceptions to this are if the applicant has already been granted leave under the Start-up or Tier 1 (Graduate Entrepreneur) categories, or under the Tier 4 doctorate extension scheme.

If you are an experienced businessperson seeking to establish a business in the UK then the Innovator visa may be more appropriate. If you wish to join an already trading business, then the Skilled Worker visa may be more suitable.

What is the criteria for the UK Start-Up Route?

In order to qualify for a Start-up route, you will need to meet the following criteria:

-You are at least 18 years old;
-You have not previously established a business in the UK (unless you previously held leave as a Tier 1 Graduate Entrepreneur);
-You have been endorsed by an approved UK endorsing body that has assessed your business idea for innovation, viability, and scalability and is satisfied that you will spend the majority of your working time in the UK on developing your business venture;
-Your endorsement letter was issued not more than 3 months before the date of your Start-up visa application;
-You genuinely intend to undertake, and are capable of undertaking, any work or business activity in the UK stated in your application;
-You are competent in the English language to at least CEFR Level B2 (equivalent to IELTS 5.5 in reading, writing, listening, and speaking);
-If you are outside the UK or have been in the UK for less than 12 months then you have at least £1270 to support yourself, plus £285 for a dependent partner, £315 for a first child, and £200 for each additional child

If you’re interested in applying for the UK start-up route, we can help. Our team of experienced business immigration lawyers are on hand to guide you through the application process. Contact us today to learn more.

UK Visa Processing and Decision Waiting Times

UK Visa Processing and Decision Waiting Times

UK Visas and Immigration (UKVI) has recently published service standards for waiting times for decisions on visa and immigration applications.  Here, we look at UK Visa Processing and Decision Waiting Times, including the Home Office service standards for waiting times, current Home Office visa processing times, options for securing a faster decision on a visa or immigration application, and how to challenge a delay in the processing of a UK visa or immigration application.  

UK Visa Processing and  Decision Waiting Times – standard processing times

If a UK visa application includes all relevant information and supporting documents (and the Home Office does not need to request further evidence or explanation) then the following standardised waiting times should apply:

  • Non-settlement visa applications submitted outside the UK: 90% to be decided within 3 weeks; 98% within 6 weeks and 100% within 12 weeks of the application date (where 1 week is 5 working days);
  • Settlement visa applications submitted outside the UK: 98.5% of settlement applications to be decided within 12 weeks of the application date and 100% within 24 weeks of the application date (where 1 week is 5 working days);
  • Applications for leave to remain submitted within the UK, including as spouses, workers and students: 8 weeks to be decided;
  • Applications for indefinite leave to remain (ILR) submitted within the UK: 6 months to be decided;
  • Applications for no time limit (NTL) submitted within the UK: 6 months to be decided;
  • Organisations seeking to sponsor a worker: 8 weeks;
  • Organisations updating their sponsor licence details: 18 weeks.

The processing time standard for applications submitted via the priority service and super-priority service is 5 working days and the next working day respectively, where these services are available.  Applications for a sponsor licence submitted via the pre-licence priority sponsor licence service should be decided within 10 working days.

What Factors Affect UK Visa Processing Times?

There are a number of factors which can delay UK visa processing times including: 

  • The complexity of the case, 
  • Concerns regarding suitability requirements such as criminality; 
  • Consideration of any adverse immigration history; 
  • Any concerns regarding the authenticity of documents; 
  • The volume of documents provided; 
  • Whether further investigations are required or an interview is scheduled; 
  • The capacity of caseworkers; and 
  • The time of the year.

There is no published service standard for waiting times for more complex applications and UKVI has a wide margin of appreciation with regard to the timing of their decisions. 

Home Office decision-making is sometimes delayed.  In the last couple of years, many UK visa applicants have experienced extended waiting times during the Covid-19 pandemic.  Currently, as we outline below, decisions on some UK visa applications are being delayed again as the Home Office seeks to prioritise Ukraine Visa Scheme applications in response to the humanitarian crisis caused by the invasion of Ukraine.

For expert advice and assistance regarding a UK visa application, contact our immigration lawyers on here for a free, no-obligation consultation. 

The English Language requirement test when applying for a visa to work in the UK

The English Language requirement test when applying for a visa to work in the UK

To apply for a skilled worker visa, an applicant must meet the English language requirement. The way in which an applicant can satisfy this requirement will depend on their circumstances. Here, we discuss the English Language requirement test when applying for a visa to work in the UK.

Awarded a degree taught in English

Where an applicant holds a qualification that is equivalent to at least a UK Bachelor’s degree which was taught in English, this may be evidence of their English ability.

Country in which degree was taughtEvidence required
UKThe degree certificate, transcript, or a letter that confirms the qualification has been awarded.
Antigua and Barbuda, Australia, The
Bahamas, Barbados, Belize, Dominica,
Grenada, Guyana, Ireland, Jamaica,
Malta, New Zealand, St Kitts and Nevis, St
Lucia, St Vincent and the Grenadines,
Trinidad and Tobago, United States of
America		A degree taught in one of these countries will always be assumed by UVKI as having been taught in English.
However, applicants will need to apply for
confirmation their degree is equivalent to at least a UK
bachelor’s degree. Applicants must use Ecctis Visa and
Nationality service (English proficiency) to obtain this
confirmation.
Rest of the WorldIf the applicant was awarded their degree in one of these
countries, they must apply for confirmation that the
the degree was taught in English and is equivalent to at least a UK bachelor’s degree. Applicants must use Ecctis Visa and Nationality service (English proficiency) to obtain this
confirmation.

Passing an approved English language test at the required level

If the applicant has not been awarded a degree taught in English which is equivalent to a UK bachelor’s degree and they do not fall into one of the exemptions below, they would need to pass an approved English Language test. The English language test will assess the applicant’s ability in listening, speaking,
reading and writing. The applicant’s proficiency must be at least Level B1 on the CERF scale.

The approved test providers an applicant can choose from will depend on whether they are making their applicant in the UK or not.

Test providerLocation application shall be madePass requirements
Trinity College London Inside the UK-Listening: Pass
-Speaking: Pass
-Reading: Pass
-Writing: Pass
IELTS SELT ConsortiumInside or outside the UK-Listening: 4.0/9.0
-Speaking: 4.0/9.0
-Reading: 4.0/9.0
-Writing: 4.0/9.0
LanguageCertInside or outside the UK-Listening: 33/50
-Speaking: 33/50
-Reading: 33/50
-Writing: 33/50
PearsonInside or outside the UK-Listening: 43/90
-Speaking: 43/90
-Reading: 43/90
-Writing: 43/90
PSI Services (UK) LtdOutside the UK-Listening: Pass
-Speaking: Pass
-Reading: Pass
-Writing: Pass

Exemptions

Applicants are exempt from meeting the English language requirement if they:


-Are aged 65 and over;
-Are aged under 18;
-Have a disability (physical or mental condition) that prevents you from meeting the requirement.

Further, individuals who are citizens of one of the below-listed countries will automatically meet the English language requirement:


-Antigua and Barbuda, Australia, The Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, Malta, New Zealand, St Kitts and Nevis, St Lucia, St Vincent, and the Grenadines, Trinidad and Tobago, and the United States of America.

Applicants who have previously met the English language requirement as part of a previous visa application, for example, a student visa, will also automatically meet the English language requirement.


How we can assist

We hope that you have found this post on The English Language requirement test when applying for a visa to work in the UK useful. At Davenport Solicitors, we’re experts in business immigration and advise many businesses on the immigration and employment aspects of recruiting and employing overseas nationals in the UK and individuals with the requirements of work visas. If you would like to speak to a member of our team, you can contact our team here.