The Post-Brexit Playbook: How to Legally Sponsor an Executive Assistant on a Skilled Worker Visa in the UK

Many UK businesses seeking top-tier executive support understandably look towards the Skilled Worker Visa as a primary route to access global talent, especially in the post-Brexit era. However, when it comes to hiring an Executive Assistant (EA), assuming direct sponsorship is a straightforward option can lead to significant hurdles and wasted effort. Recent changes to UK immigration law, specifically regarding skill level requirements, mean that legally sponsoring a new employee for a standard EA role is generally not feasible. Understanding this critical limitation is the first step in the real post-Brexit playbook for securing high-caliber executive support.

While the demand for strategic, highly capable EAs remains intense, the regulatory landscape requires a shift in recruitment strategy. The focus must primarily be on candidates who already possess the Right to Work in the UK. Direct sponsorship is reserved for roles meeting a higher skill threshold, which standard EA positions typically do not. Navigating this requires clarity, compliance, and often the expertise of specialist EA recruitment services or insights gained through personal EA services.

This complete guide explains why the path to sponsoring a standard EA via the Skilled Worker Visa is largely closed for new hires, outlines the limited exceptions, and details the compliant, effective strategies UK companies must now employ to legally hire the essential executive support they need.

The Skilled Worker Visa Sponsorship Hurdle: The RQF 6 Rule

The core reason standard EA roles generally cannot be sponsored for new hires under the Skilled Worker route lies in a crucial post-Brexit reform to the UK’s points-based immigration system.

Understanding the Minimum Skill Threshold

Effective from mid-2025, the UK government raised the minimum skill level required for jobs eligible for sponsorship under the Skilled Worker visa. The role must now be skilled at Regulated Qualifications Framework (RQF) Level 6 or above. This level is generally considered equivalent to requiring a bachelor’s degree or possessing a similar level of complex vocational learning and responsibility.

How Standard EA Roles are Classified

The Home Office uses the Standard Occupational Classification (SOC) system to categorize jobs and determine their skill level. Executive Assistant and Personal Assistant roles typically fall under codes like SOC 4215 (‘Personal assistants and other secretaries’) or potentially related administrative codes. These SOC codes are officially classified by the Home Office as operating at a skill level below RQF 6.

The Direct Consequence for Sponsorship

Because the standard EA role does not meet the mandatory RQF Level 6 skill threshold, UK employers cannot obtain a sponsor licence specifically to hire a new EA from overseas, nor can they assign a Certificate of Sponsorship (CoS) for such a role under the main Skilled Worker route if the candidate requires visa sponsorship to work in the UK. Attempting to sponsor a role under an incorrect, higher-skilled SOC code carries significant compliance risks.

The Real Post-Brexit Playbook: Compliant Hiring Strategies

Given these limitations, the effective playbook focuses on identifying candidates who do not require sponsorship for the EA role itself.

Strategy 1: Prioritize Candidates with Existing Right to Work (The Primary Route)

This is the most direct, compliant, and widely applicable strategy. Your recruitment efforts must focus on the large pool of individuals who already have the legal right to work in the UK.

Identifying Eligible Candidates

Target individuals who hold immigration statuses granting open work rights, including:

  • British Citizens
  • Irish Citizens
  • EU/EEA/Swiss nationals with Settled or Pre-Settled Status under the EU Settlement Scheme
  • Individuals with Indefinite Leave to Remain (ILR) or Right of Abode
  • Holders of Dependant Visas (e.g., partners of Skilled Workers, Global Talent visa holders)
  • Holders of Graduate Visas (allowing work in any job for 2-3 years post-UK graduation)
  • Holders of Youth Mobility Scheme Visas (YMS)
  • Holders of High Potential Individual (HPI) Visas
  • Holders of UK Ancestry Visas

Implementing the Recruitment Process

Your job advertisements must clearly state that candidates require pre-existing Right to Work in the UK. Screen CVs and conduct interviews focusing on relevant EA skills, experience, cultural fit, and verify their claimed Right to Work status early in the process.

Mandatory Right to Work Checks

Before the first day of employment, you are legally required to conduct a Right to Work check. Use the prescribed methods:

  • Manual Check: For British/Irish citizens offering physical documents (passport, birth certificate + official NI document). Check originals, verify validity, make dated copies, store securely.
  • Online Check: For most non-British/Irish nationals. Save a dated digital copy of the check result. Failure to perform these checks correctly can lead to substantial fines.

Exploring Limited Exceptions and Niche Scenarios

While direct sponsorship for a standard EA role is generally blocked for new hires, two niche scenarios exist, though neither offers a broad solution.

Scenario 1: Leveraging Transitional Arrangements

Individuals who were already granted a Skilled Worker visa under an EA/PA SOC code before the RQF Level 6 rule was implemented (around July 2025) may be covered by transitional provisions.

Applicability

These individuals might be eligible to extend their visa or switch employers, provided they remain sponsored under the same (now generally ineligible) SOC code. Your company would need a valid Sponsor Licence to facilitate this switch or extension.

Limitations

This exception applies only to a very small, specific group of EAs already within the UK system under the old rules. It cannot be used for new hires from overseas or those currently in the UK on different visa types. It is a diminishing pathway.

Scenario 2: Re-Scoping the Role to an Eligible RQF 6 Occupation (High Risk)

This strategy involves designing a role that genuinely requires RQF Level 6 skills and responsibilities, potentially incorporating some EA duties but fundamentally qualifying under a different, eligible SOC code.

Potential Roles Roles like Chief of Staff, certain strategic Project Manager positions, or high-level Office Managers with significant operational, financial, or team leadership responsibilities might qualify under RQF 6 SOC codes if structured appropriately.

Critical Considerations and Risks

  • Genuineness: The role’s primary duties must align with the RQF 6 SOC code. Simply inflating an EA title or adding minor strategic tasks to a fundamentally administrative role is non-compliant. The Home Office scrutinizes job descriptions and actual duties.
  • Candidate Qualification: The candidate must possess the genuine skills and qualifications (often degree-level) required for the higher-level RQF 6 role.
  • Salary: The offered salary must meet the (typically higher) threshold for the chosen eligible SOC code.
  • Expert Advice: Due to the high compliance risks of misclassification, expert immigration legal advice is essential before attempting this strategy.

This is not a loophole for sponsoring standard EAs but a potential pathway only if the business genuinely needs and creates a distinct, higher-level strategic or operational role.

The Role of Specialist EA Recruitment Services

Navigating this complex landscape effectively often requires specialist support. EA recruitment services familiar with UK immigration rules offer significant advantages.

Understanding the Limitations

Specialist agencies are aware that standard EA roles cannot typically be sponsored for new hires. They won’t waste time pursuing impossible sponsorship routes but will focus on finding candidates with existing Right to Work.

Accessing the Right Talent Pool

They possess extensive networks of high-caliber EAs already based in the UK and eligible to work, including passive candidates who aren’t actively applying through public job boards.

Expertise in Vetting and Role Definition

They can help you accurately define the role (PA vs. strategic EA) and assess candidates for the specific high-level skills, discretion, and cultural fit required. If considering the complex route of re-scoping a role to RQF 6, their input on market norms and achievable candidate profiles is invaluable, complementing legal advice.

Guidance on Compliance

Experienced agencies understand the nuances of Right to Work checks and can offer guidance (though not legal advice) on compliant hiring processes.

Adapting Your Recruitment Strategy Post-Brexit

The post-Brexit playbook for hiring an Executive Assistant in the UK requires a fundamental shift away from relying on the Skilled Worker Visa for sponsoring new overseas talent into standard EA roles. The introduction of the RQF Level 6 skill threshold largely precludes this pathway.

The effective and legally compliant strategy centres on recruiting individuals who already possess the Right to Work in the UK. This involves targeting the right talent pools and meticulously conducting mandatory verification checks. While very limited exceptions exist, they do not offer a broad solution for sponsoring typical EA positions. By understanding these regulatory realities and adapting your recruitment approach accordingly – often with the support of specialist EA recruitment services – UK companies can successfully find the high-caliber executive support essential for leadership success.

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