Can I recruit workers from outside the European Economic Area through the Sectors Based Scheme?

This page explains the requirements you need to meet to employ a person from outside the European Economic Area (EEA) under the Sectors Based Scheme (SBS).

The SBS is closed to new applications from workers from outside the EEA. If you want to make a new SBS application this must be for a worker from Bulgaria or Romania. You should read the section on Bulgarian and Romanian nationals for details of how to make an application.

The information on this page is aimed at employers wanting to make an extension or change of employer application for an existing SBS worker. If you are an SBS worker your employer will need to make the SBS permit application on your behalf. If the permit application is successful, the SBS worker will need to extend their permission to stay in the United Kingdom. We call this applying for further leave to remain. Details of how to do this can be found in the section for SBS workers.

The SBS only covers work within the food manufacturing or hospitality sectors. If the potential employee will not be working within this sector they will not qualify under the SBS.

Applications under the SBS must be made for a specific individual to be employed in a specific role. If the application is successful the employee will only be able to take up the role the letter of approval was issued for, they will not be able to take a different job or work for a different employer.

Basic requirements

The basic requirements for employment under the SBS are:

• the individual will be aged between 18 and 30 at the time the application is made; and
• the individual is already in the United Kingdom under the SBS; and
• the post on offer is within the food manufacturing or hospitality sectors; and
• the post on offer is covered by the SBS; and
• the individual will be working full-time (at least 30 hours per week).

Posts covered by the SBS

The SBS can only be used to fill vacancies within certain posts within the food manufacturing or hospitality sectors. Details of the posts covered are below. If the worker will be working within the food manufacturing sectors and will undertake retail activities such as serving customers he/she will not be eligible for the SBS.

Hospitality sector

• bar staff;
• chefs at NVQ level 2 and below;
• cleaner of premises - in staff canteen or restaurants only;
• concierge staff;
• food service operatives - serving food to paying customers;
• housekeeper;
• kitchen assistant - help prepare food, clean and provide assistance to staff;
• room attendants;
• reception staff; and
• waiting staff.

With the exception of the cleaner posts which will only be approved for work in staff canteens and restaurants, the post holder must work in one of the following:

• contract or event catering business;
• cafeteria;
• caravan park;
• hotel;
• motorway service station;
• club;
• public house;
• restaurant;
• take-away shop.

Food manufacturing sector

Fish processing

• fish filleters - prepare, clean, cut fish for processing;
• fish packers - pack, wrap, label, seal fish for distribution and sale;
• fish process operatives - operate, mind and clean machines that prepare fish.

The processing of shellfish is covered in the above job descriptions.

Meat processing

• animal gut remover;
• meat bone breaker;
• meat bone extractor;
• meat cold store operator;
• meat cutter;
• meat packer;
• meat process operatives;
• meat slaughterer;
• lairageman - pre-slaughter animal welfare attendant;
• trimmer - trim fat from and shape meat after it has been boned and cut.

Mushroom processing

Mushroom processor - tend growing crops, pick, grade and pack mushrooms for distribution and sale.

The full SBS requirements

If the worker you want to employ and the post you need to fill meet the basic requirements above you should read the full SBS requirements below. In order to make a successful application under the SBS you must show that:

• you are a UK-based employer; and
• the individual will be your employee; and
• there is a genuine vacancy for the individual. The post must not have been created for the purpose of recruiting the individual; and
• you are responsible for the post; and
• the gross pay and conditions of employment will equal or exceed those normally given to a resident worker doing similar work; and
• the employment complies with United Kingdom legislation and any requirements for registration or licensing; and
• the individual is suitably qualified or experienced to do the job on offer; and
• you will provide the individual with suitable accommodation; and
• there are no suitably qualified or experienced residence workers available; and
• where the individual will be working at a client's address, you are providing a service and not just personnel - we may need to see a contract.

Information about the evidence you need to supply to support your application can be found on the applying page.

Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Irish Republic, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom. Iceland, Liechtenstein and Norway are not members of the European Union (EU) but citizens of these countries have the same rights to enter, live in and work in the United Kingdom as EU citizens.