What are the legal steps to hiring international agricultural workers?
Labour in the UK has seen a dramatic reduction of workers; in part due to Covid, Brexit, and the lack of interest or awareness in certain sectors. The agricultural and horticultural industry in particular has seen some of the largest disruptions due to this. With limited exposure to the positives of working in agriculture in the past, it is becoming harder to attract talent. This shift could take years to rectify, and farms don’t have years to wait for younger people to join the workforce.
The Brexit effect of agricultural workers
Migrant agricultural workers are, and always has been, a huge part of the agriculture industry. People from different countries in Europe, and across the world, would work either seasonally, or year-round, growing and picking fruits and vegetables. Since Brexit came into effect, the labour shortage has only become worse. There is a lot more paperwork involved in order to legally bring agricultural workers over from the continent.
The future of overseas employment
The fact is, there is no sign of going back to the old way of employing overseas agricultural workers. The norm is going to require more red tape, visas, sponsorships and other documentation. Luckily, there is help, and you can still employ European and worldwide workers. You need a sponsor license, certificate of sponsorship, and potentially a seasonal agricultural workers scheme license before you can apply for the visas.
Sponsorship license
The sponsorship license is the only way for UK companies to recruit migrant agricultural workers, whether they are in the UK already, or overseas. This sponsorship is granted for four years by the UK Home Office, and can be renewed as long as your company complies with all the duties and responsibilities associated with the license.
What is the Process?
The standard process can take 8 weeks from the date of submission, but if you need an express process, the priority processing times are from 10 working days. This will come with an additional £500 cost. The standard sponsorship license cost from the Home Office is very transparent, £536 standard fee for a small business, and £1,476 standard fee for medium and large businesses.
Certificate of sponsorship
The certificate of sponsorship is issued after the sponsorship licence is granted. without a certificate of sponsorship, a candidate is not allowed to work in the UK. These certificates can only be assigned if the role is on the Home Office’s list of eligible jobs. Certificates will be issued for candidates already in the UK, on certain visas. Visas such as, student, graduate, and for overseas candidates. The certificates are assigned by the Home Office, and they cost £199 per certificate. Certificates for candidates already in the UK can be applied for with the sponsor licence application, this usually has a maximum of 5.
Seasonal agricultural workers scheme
Seasonal agricultural workers sponsor licences are only granted to four overarching bodies, that are endorsed by DEFRA. If you wish to employ workers under the seasonal worker scheme, you must have a contract with one of the four bodies. This scheme is currently running until end of 2024. Currently, two of the four bodies only have their license until the end of 2022. This is subject to change, so you need to keep track of who you can use.
Skilled worker visas
There is a limit to what the Home Office will allow, and skilled worker visas are only issued for jobs they have specified on their eligible occupation list. Candidates must have good immigration history and meet the requirements of all the UK immigration rules. You put in the visa application after the certificate of sponsorship is assigned to the candidate.
Is there anyone who can help with this process?
Due to the fact the rules could change at any time, and there are costs involved, you will want to get it right the first-time around. If you feel you would like someone to go through the legal hoops for you, we have a specialist immigration consultant on retainer who can help. You can reach out to us for more information via the contact form below, or email us on sales@livefarmer.co.uk.