How to sponsor a teacher under the Skilled Worker route from overseas

Continuing on in our series regarding sponsorship and independent schools, in this article we provide an overview of the Skilled Worker application process to sponsor a teacher coming from outside the UK.

Applicants for teaching jobs who are coming from overseas will need a visa or other immigration status allowing them to work in the UK.

Independent schools can recruit teaching staff from overseas for any subject and most age ranges, as well as special educational needs and disabilities (SEND) professionals. Finding and employing a qualified teacher may not be easy within the UK labour market, particularly for secondary education, and independent schools may consider employing a migrant teacher who is residing outside the UK and needs to obtain a visa.

How can independent schools sponsor overseas workers?

Most applicants from overseas will need a Skilled Worker visa to be able to work in the UK. So that the applicant can apply under the Skilled Worker route, the independent school must have a sponsor licence. If the independent school does not have a licence, they will need to apply for one before being able to sponsor a migrant worker. Further information on how to apply for a Skilled Worker Sponsor Licence can be found in our earlier article here.

Any applicant that an independent school wishes to employ will need a job offer and a Certificate of Sponsorship before they can apply for their Skilled Worker visa. They can apply for a visa up to three months before they start work in the UK as long as:

their employer is a licensed worker sponsor;
they have been offered a job;
they have met the English language requirements for a Skilled Worker visa;
their role pays at least £23,200, or the relevant minimum rate for teachers in England, whichever is higher; and
any part-time role pays at least £23,200, or the relevant minimum rate for teachers in England once pro-rated, whichever is higher.

We discussed the salary requirements for teachers in detail in our earlier article here.

Skilled Worker application process

There are a few steps in the Skilled Worker application process, including obtaining and submitting the relevant supporting documents for the application.

Step 1: Certificate of Sponsorship (CoS)
The first step in the process, once an independent school has identified a candidate for the teaching position, and offered them a position which the candidate has accepted, is to provide their candidate with a Certificate of Sponsorship (CoS).

For candidates based outside the UK, the employer must apply for a defined CoS through their Sponsor Management System, by providing information about the teaching job the worker will undertake. Once the Home Office grants the CoS, which usually takes around two working days, subject to Home Office delays, the school can add the candidate’s personal details and assign the CoS to the individual.

A copy of the CoS should be given to the candidate so that they can prepare their visa application.

Step 2: Visa application
Once the applicant has a CoS assigned to them, they can prepare their visa application. The application form is prepared and submitted online, after which the applicant must provide their biometrics at one of the visa application centres in their country of residence. Following the online submission, the applicant will have access to the biometric appointments diary and will be able to choose and book a suitable appointment. There are usually appointments available within one to two weeks after the submission, however this can vary depending on the location.

Step 3: Supporting documents
In support of their application, as well as the CoS from their employer, the candidate will need to provide further documents, including:

evidence of their identity (passport);
evidence that they satisfy the English language requirement;
evidence that they have enough personal savings to support themselves in the UK, unless their employer has certified maintenance on the CoS assigned to the worker;
a tuberculosis test certificate if they are from a listed country; and
a criminal record certificate.

The applicant will have to prepare their supporting documents in advance and provide copies electronically before they attend their appointment at a visa application centre.

Step 4: Submission of application
Once the application is submitted online and the appointment at the visa application centre is booked, the applicant will need to attend their appointment and submit their biometrics (fingerprints and photo) and passport for processing of the application. As mentioned above, any supporting documents required for the application should be provided electronically by uploading them online before the appointment.

Nationals of EU countries with biometric passports have an option to use their passport to set up an online application and submit their biometrics through the ID Verification app, which removes the need to attend an appointment at a visa application centre.

Checks required for teachers from overseas

Individuals who have lived or worked outside the UK must undergo the same checks as all other staff working in independent schools. They should also undergo additional checks related to international recruitment and training, most importantly the criminal records check for overseas applicants.

All UK visa applicants for jobs in education must provide a criminal record certificate if applying for a visa from outside the UK. Based on their circumstances, the applicant might need to provide a certificate from each country they have lived in over the last ten years, depending on their age and how long they stayed in each country.

The applicant checking process should also include applying for an enhanced DBS certificate with Children’s Barred List information on behalf of the applicant, even if the applicant has never been to the UK. A DBS check can only be performed if the applicant can submit proof of their right to work in the UK (evidence of their visa), so the employer may need to make a conditional offer in order for a visa application to be approved and a DBS check performed.

Application processing

Processing of Skilled Worker visa applications submitted outside the UK can take up to 15 working days from the submission of biometrics to receive a decision, with additional time for the applicant’s passport to be ready for collection from the visa application centre. If a teacher is required to be in the UK sooner, it may be possible to expedite their application and pay for priority processing, which would reduce the processing time to five working days following the submission of biometrics. The priority service is subject to availability, and it is important to note that the Home Office do not guarantee their processing times.

Once the applicant’s Skilled Worker visa has been approved, and they have collected their passport from the visa application centre, they can enter the UK during the validity of the visa.

Right to Work checks

Irrespective of the successful applicant’s visa type or immigration status, the sponsor is responsible for checking their right to work before the teacher starts work. The independent school can check their new teacher’s right to work online, or by checking their documents, if the candidate does not have an online immigration account yet.

A step-by-step example of the application process is as follows:

The school already has a sponsor licence.
The school identifies a candidate they want to employ, who is based outside the UK – they offer the position, and the candidate accepts this, provisional to the visa application being successful.
The school applies for a defined CoS, which is processed by the Home Office in two working days.
The school adds the final details to the CoS and assigns this to the candidate.
Whilst the school has been preparing and waiting for the CoS to be processed, the candidate has been preparing their visa application form and the supporting documents needed for the application.
Once the CoS has been assigned and the application form and documents are finalised, the visa application form can be submitted online.
The candidate books their biometric appointment at a visa application centre, which had availability for the following week.
The supporting documents are uploaded electronically onto the online system ahead of the appointment.
The candidate attends the biometric appointment, and the application is then sent to the Home Office to be processed.
The visa application is processed within 15 working days and the applicant collects their passport from the centre. They can enter the UK within the validity of their visa.
The school completes the correct right to work check on the individual, in accordance with the guidance. The teacher can then start work.

Our series on sponsorship and independent schools

Continue to follow our series on sponsorship and independent schools by subscribing to our legal updates here.

We have much more to come as part of this series, with our next articles focusing on the process to sponsor migrant teachers from inside the UK, how to maintain a licence, and alternative options.

Skilled Worker applications for teachers: How our Immigration Solicitors can help

Here at Carter Thomas, we are experienced in preparing Skilled Worker applications to ensure a successful outcome and will provide expert guidance and assistance to schools throughout the process.

If your school requires legal assistance or you would just like to discuss your situation with one of our experts, please call us or complete our enquiry form below.