Legal and Visa Considerations for Migrants Working in the UK

This article provides detailed information on visa requirements, work permits, and legal rights for migrants working in the UK.

Jun 04, 2024

Types of Work Visas

Migrants must obtain the appropriate visa to work legally in the UK. Several types of work visas are available, each catering to different circumstances and skill levels.

Skilled Worker Visa: This visa is for individuals with a job offer from a UK employer that holds a sponsor licence. The job must meet certain skill and salary thresholds.
Global Talent Visa: This visa is for individuals who are leaders or potential leaders in academia, research, arts, and digital technology. It does not require a job offer but does need an endorsement from a recognised body.
Temporary Worker Visa: This visa includes categories such as the Seasonal Worker visa, Charity Worker visa, and Creative Worker visa. It is for short-term employment in specific sectors and usually requires sponsorship.

Application Process

The visa application process involves several steps. First, determine the appropriate visa type based on your job and qualifications. Then, gather the necessary documents, such as your passport, job offer letter, proof of sponsorship, and English language proficiency evidence.

Submit your application online through the UK government's official visa application portal. Pay the application fee and any additional charges, such as the healthcare surcharge. Attend a biometric appointment to provide your fingerprints and photograph. The processing time for visa applications can vary, so apply well in advance of your intended start date.

English Language Requirements

Most work visas require proof of English language proficiency. You can demonstrate this by passing an approved English language test at the required level, having an academic qualification taught in English, or being a national of a majority English-speaking country.

Ensure you check the specific English language requirements for your visa type. Meeting these requirements is essential for the success of your visa application and your ability to integrate and work effectively in the UK.

Work Permits and Employment Rights

Obtaining a Work Permit

In most cases, obtaining a work permit is part of the visa application process. The work permit allows you to legally work in the UK for the employer specified in your visa application. Your employer must be a licensed sponsor, and they will provide you with a Certificate of Sponsorship (CoS) as part of the process.

The CoS contains information about your job, salary, and duration of employment. It is a crucial document for your visa application. Ensure all details are accurate and match the information provided in your visa application.

Rights as a Worker

As a migrant worker in the UK, you have the same employment rights as British citizens. These rights include fair pay, safe working conditions, and protection against discrimination. The National Minimum Wage and National Living Wage laws ensure that you receive fair compensation for your work.

You are entitled to a written contract, detailing your job role, pay, and working conditions. You also have the right to paid holidays, rest breaks, and protection against unfair dismissal. Understanding these rights helps you advocate for yourself and ensure fair treatment in the workplace.

Changing Employers

If you wish to change employers while in the UK, you may need to apply for a new visa. This depends on the type of visa you hold and the specific conditions attached to it. For instance, the Skilled Worker visa requires you to obtain a new Certificate of Sponsorship from your new employer.

Before making any changes, consult the UK Visas and Immigration (UKVI) website or seek legal advice to understand the implications and necessary steps. Changing employers without following the correct procedures can lead to legal issues and jeopardise your immigration status.

Legal Rights and Protections

Anti-Discrimination Laws

The UK has robust anti-discrimination laws to protect workers from unfair treatment based on race, gender, age, disability, religion, or sexual orientation. The Equality Act 2010 is a key piece of legislation that outlines these protections and ensures equal opportunities for all workers.

Employers must adhere to these laws in their hiring practices, workplace policies, and everyday interactions. If you experience discrimination, you can seek recourse through internal company procedures or external bodies like the Employment Tribunal.

Health and Safety Regulations

Employers in the UK are legally required to provide a safe and healthy working environment. The Health and Safety at Work Act 1974 sets out the responsibilities of employers and employees in maintaining workplace safety.

Employers must conduct risk assessments, provide necessary training, and ensure that safety measures are in place. As an employee, you have the right to a safe working environment and the duty to follow safety protocols. Report any hazards or unsafe practices to your employer or the Health and Safety Executive (HSE).

Right to Unionise

Workers in the UK have the legal right to join a trade union and participate in union activities. Trade unions represent workers in negotiations with employers, offering support on issues such as pay, working conditions, and employment rights.

Joining a union can provide additional protection and advocacy in the workplace. Unions also offer legal advice and support in cases of disputes or grievances with your employer.

Navigating the Legal System

Seeking Legal Advice

Navigating the UK’s legal system can be complex, especially for migrants. Seeking legal advice from qualified professionals can help you understand your rights and obligations. Immigration lawyers and advisors specialise in visa and employment law, offering guidance on various issues.

Legal advice can be crucial when facing problems such as visa renewals, changing employers, or addressing workplace disputes. Ensure you choose a reputable advisor registered with the Office of the Immigration Services Commissioner (OISC) or a similar regulatory body.

Reporting Violations

If you encounter violations of your rights or legal issues, there are several avenues for reporting and seeking redress. You can report workplace discrimination to the Equality and Human Rights Commission (EHRC) or unsafe working conditions to the Health and Safety Executive (HSE).

For employment disputes, the Advisory, Conciliation and Arbitration Service (ACAS) provides free and impartial advice. ACAS can help resolve disputes through mediation and arbitration, avoiding the need for legal action. Understanding these resources can help you effectively address and resolve legal issues.

Understanding Legal Documents

As a migrant worker, you will encounter various legal documents, including contracts, visa forms, and correspondence from UKVI. Understanding these documents is crucial for ensuring compliance and protecting your rights.

Take the time to read and understand all legal documents before signing. If you have any doubts or need clarification, seek advice from a legal professional or trusted advisor. Properly understanding these documents can prevent misunderstandings and legal issues in the future.