How to Hire Foreign Construction Workers

Since the introduction of Brexit, recruiting workers from overseas has become a lot harder across numerous businesses. One that thrives on their foreign recruitment process is the construction industry.

Employers must complete all the necessary immigration conditions before hiring foreign workers. Unfortunately, it’s a lengthy and complicated process – but nonetheless, mandatory.

Failure to comply with any lawful requirements can result in business disruption, compensation penalties, and even criminal prosecution. For further advice, contact one of our expert HR consultants today free of charge today.

In this guide, we’ll look at how to hire foreign construction workers, how much it costs, and how to ensure a smooth and compliant recruitment process.

Can UK companies hire foreign workers?

Yes, UK companies are legally allowed to hire foreign workers, so long as the right steps are followed. From sponsorship licences to immigration charges, employers must ensure they meet all legal requirements well before contacting workers living abroad. These include:

Attain a sponsor licence

The first step employers must complete is attaining a sponsor licence. This allows UK businesses to hire skilled and specialist workers. There are two types of licences offered by the Home Office:

Worker licence: This is for skilled work that’s short-term, long-term, or permanent depending on the individual’s visa.

Temporary worker licence: This is for work that’s on a temporary basis, including volunteering and job-shadowing.

You don’t need a licence to sponsor Irish citizens; those with settled/pre-settled status (under the EU Settlement Scheme); and those with indefinite leave to remain in the UK.

Offer a genuine job position

Once you’ve attained your licence, you’ll be able to sponsor foreign workers. This allows them to enter the country legally and work within your construction businesses in a compliant manner.

Next, employers must prove they’re offering a genuine job position to potential workers – nationally and internationally. You need to prove authenticity for the role, as well as your reasons behind hiring abroad rather than closer to home.

If the UK government doesn’t believe you need to hire foreign workers for a role, they may decide not to issue a visa. That’s because they’ll predominantly recommend hiring UK nationalists over foreign workers – even in construction.

Ensure business eligibility

The UK government will only offer sponsor licences to employers who have eligible businesses. This means providing relevant documents that prove you have a genuine company that operates and trades in the UK.

Employers are assessed to prove they stand as a legitimate sponsor. You cannot have:

• Any unspent criminal convictions for immigration offences. Or certain other crimes, like fraud or money laundering.
• An unpaid or recent civil penalty for employing illegal workers or other offences.
• A sponsor licence revoked within the last 12 months.

The UK Visas and Immigration (UKVI) will review your application forms and supporting documents. From here, they’ll decide whether your construction business is trustworthy and capable of hiring foreign workers according to UK law.

How much is it to hire foreign construction workers?

Depending on your individual circumstances, the costs for hiring foreign construction workers will vary from company to company. There are four main financial areas to consider before recruiting overseas staff:

Sponsor licence application

The first payment your business will make is for the sponsor licence application. This fee will depend on what kind of sponsor licence you want, what your business is, and whether you want to fast-track the application process.

For the 2024 fees, please see below. (It’s also important to note that you’ll need to pay the fees again if you renew your licence after four years).

Certificate of Sponsorship fee

The next costs employers need to complete is for a Certificate of Sponsorship (CoS). You’ll need a certificate for every foreign worker you employ within your business.

For the 2024 fees, please see below. (It’s also important to note that you’ll need to pay the fees again if you plan to assign a further CoS to extend the worker’s role within your business).

Immigration Skills Charge

An Immigration skills charge is an additional fee that’s paid alongside a Certificate of Sponsorship. It’s paid when you’re dealing with a foreign candidate that’s on a:

• Skilled Worker visa.
• Senior Worker visa.
• Specialist Worker (Global Mobility) visa.

Employers will need to make the payment if the foreign candidate is applying for a visa outside the UK to work in the UK for six months or more. Or if they’re inside the UK for any length of time.

Do you need to pay for visas for foreign construction workers?

No, employers are not obliged to pay for the visa of a foreign construction worker – or any kind of worker. As of 2024, they’ll need to pay for the following:

• Application fee: From £719 to £1,639.
• Healthcare surcharge: Usually £1035.
• iving costs: Need to have at least £1,270 (unless they’re exempt).

Companies that hire foreign workers for construction may want to speed up the process. If you wish to fast-track a candidate’s visa application, you can pay an additional £500 for the priority service or £1000 for the super priority service.

How long does it take to hire foreign workers?

The time period for hiring foreign workers varies on all kinds of factors. The sponsor licence application can take between 20-30 minutes to complete; but waiting for a decision can take up to eight weeks.

It can take even longer if the UKVI decides to visit your work sites as part of their application process. Employers can pay an additional £500 to get a decision within 10 working days. However, this is a limited service and runs on a first come, first served basis.

Employers also need to consider how long visas take to be issued. Candidates can apply for them up to three months to their start dates. But waiting for a decision can take up to three weeks (if they’re outside the UK), or eight weeks (if they’re inside the UK).

Get expert advice on hiring foreign construction workers with Peninsula

Since the introduction of Brexit, the rules on immigration have changed – affecting UK businesses and beyond. It’s crucial that you follow the proper procedures when recruiting overseas nationals for your establishment.

Peninsula offers expert advice on hiring foreign construction workers. Our 24/7 HR advice is available 365 days a year.

Want to find out more? Book a free chat with one of our HR consultants. For further information, call 0800 051 3685.