Tier 2 Sponsorship License Application
If you are a UK based company currently looking to employ a non-EU Migrant, your company will need to go through the process of applying for Tier 2 Sponsorship License. This is a complex process, the UKVI require detailed documentary evidence from the potential sponsor to demonstrate that they have a genuine need to apply for a licence and that they have to ability to meet with the obligations as a Tier 2 Sponsor.
If you are thinking of applying for the Tier 2 Sponsorship licence contact us now to speak with one of specialist immigration solicitors who will advise you on the process.
Key criteria to obtain a Tier 2 Sponsorship License
- You must be a genuine organisation for example: a corporation or a limited-liability partnership or a sole trader;
- You must be operating legally in the United Kingdom;
- There must be no evidence that your organisation or key personnel could present a threat to UK immigration control (for example, by having a history of immigration violations);
- You must be able to nominate a member of staff to fulfil the following roles:
- Authorising Officer;
- Key Contact; and
- Level 1 User.
- You must have effective HR systems in place to ensure that you are able to meet your responsibilities as a sponsor; and
- You must be able to substantiate the above with documentary evidence.
National Qualifications Framework (NQF) level 6
If you would like to sponsor migrants under the Tier 2 (General) Visa route, you will need to substantiate that you have a genuine vacancy which is at the National Qualifications Framework (NQF) level 6 skill threshold.
Meeting with the Subjective Test under Tier 2 Sponsorship Licence
This new test introduces an additional hurdle for prospective employers to meet with. After obtaining a sponsorship licence and meeting with all other necessary requirements such as the Resident Labour Market Test an employer will now need to demonstrate that the position offered is a “genuine vacancy” and not a position that has been created for the selected employee.
Meeting with the Resident Labour Market Test
In some instances the sponsor will need to demonstrate that they have made attempts to source the position from within the UK. The vacancy will need to be advertised for a specific period in the manner stipulated by the UKVI. The sponsor will need to demonstrate that there are no suitable workers already living permanently in the UK who can fill the position.
Why use Vincent Solicitors to advise on your Tier 2 Sponsorship License?
As specialists in this area of law, we will guide you through the complex Tier 2 Sponsorship Licence process and advise you on the most appropriate solution bearing in mind the long term objectives of your company. We will ensure that all key points are substantiated with documentary evidence and that all procedural issues are adhered to. We can manage the entire sponsorship process on your behalf.
How Vincent Solicitors can assist you with your Tier 2 Sponsorship License Application
At Vincent Solicitors we can assist you with the following applications:
- Conduct a pre-registration audit of your existing HR Systems to ensure that you meet with the UKVI requirements;
- Help you to meet with the genuine vacancy requirement;
- Assist you with the Tier 2 Sponsorship Licence Registration application process;
- Assist you with requesting and issuing a Certificates of Sponsorship (COS) through the Sponsor Management System (SMS);
- Ensure that you meet with other procedural requirements of the Tier 2 Sponsorship License process such as the resident labour market test and the appropriate salary requirements;
- Evaluate new hires and Intra Company transfers to ensure that they comply with the relevant points based criteria;
- Prepare and assist with in country and entry clearance Tier 2 General applications;
- Preparing applications for additional Certificates of Sponsorship in accordance with the Tier 2 Sponsorship License guideline;
- Submit further leave to remain or Indefinite Leave to Remain (ILR) applications for employees upon eligibility; and
- Deal with any Tier 2 ICT
Single or Multiple Tier 2 Sponsorship Licenses
If you have several branches in the UK, you may opt to apply for a license as a single entity or apply for a separate License for each location. After discussing your specific needs with you we will advise you of the best course of action to follow. How long will the Tier 2 Sponsorship License be valid for? Once your Tier 2 Sponsorship License is in place, this will be valid for 4 years providing you continue to meet with the Tier 2 Sponsorship Licence requirements.
Compliance and Sponsorship Duties
After you have been issued with a Tier 2 Sponsorship Licence you will have certain responsibilities that you are required to adhere to. You will need to ensure that your HR department is equipped to comply with your ability monitor your Tier 2 employees and ensure that you have adequate systems in place to meet with your compliance and record keeping duties as imposed by the UKVI.
Sponsorship Duties under Tier 2 of the Sponsorship License
As an approved Tier 2 Sponsorship License entity you will need to ensure that you adhere the UKVI policy guidelines. Your responsibilities will consist of the following:
Record Keeping – The sponsor is required to keep certain documents on file in compliance with UKVI policy guidelines. Failure to keep these documents may have an adverse affect on the company’s Sponsorship rating and continued ability to remain on the register of the Tier 2 Sponsorship License register.
Reporting – The Tier 2 Sponsorship License holder is required to report the absence of Tier 2 workers, when a Tier 2 worker terminates his employment, the sponsor stops sponsoring the migrant, a significant change in the migrant’s employment status and any breach of the Tier 2 workers visa conditions.
Compliance – As a License Tier 2 Sponsor you will need to ensure the following;
- That the tier 2 sponsored migrant you employ is legally entitled to do the job in question and has the relevant accreditation and is registered with the relevant professional accreditation;
- That you have the appropriate authority to conduct your business e.g. relevant professional accreditation;
- That you only assign Certificates of Sponsorship under the sponsor License to Tier 2 migrants who meet the relevant UKVI criteria;
- Ensure that your recruitment practice is in compliance with the UKVI policy guidelines and immigration rules.
The Tier 2 Genuine Vacancy Test
Employers and companies who are applying for sponsorship licences have a responsibility to be able to show that they can offer the vacancy that matches the requirements of the Tier 2 conditions including the skill level and appropriate rate. The Home Office has newly introduced further additional information to ensure the genuineness of the job vacancy that is being advertised as a Tier 2 appropriate vacancy. It is important to know the possible reasons why your application may be likely to fail with the above in mind;
– The job named in the CoS doesn’t genuinely exist
– The job role has been manipulated in order to match Tier 2 requirements
– The applicant is not qualified for the job
– The Job advertisement has been changed to not include worker from the UK
Additional requests generally only occur when a sponsor has applied for a restricted Certificate of Sponsorship. The ‘genuineness vacancy’ test applies to Migrants who are applying for entry clearance or leave to remain in the Tier 2 category. Meaning the Home Office must be satisfied that the nature of the stay is with the intention to start or the have the capability to start a job role for which the CoS expressly states.
Suspension of the Tier 2 Sponsorship Licence
If the UKVI has reason to believe that the Tier 2 Vacancy you have filled is not genuine or that you do not have adequate systems in place to ensure you can adhere to your duties as a Tier 2 Sponsor, the UKVI may suspend your Tier 2 Sponsorship licence until you can provide them with documentary evidence to substantiate your ability to meet with the above requirements.
Why use Vincent Solicitors to apply for Tier 2 Sponsorship License or Tier 2 Visa Issues?
After we have established your exact needs we will devise a specific actions plan so that you can obtain Tier 2 accreditation and thereafter successfully employ non EEA migrants under the Tier 2 visa category. At Vincent Solicitors we have extensive experience in advising business on corporate immigration matters; specifically in relation to the UKVI Sponsorship requirements and other Tier 2 work permit related issues. We pride ourselves on providing a consultative approach tailored towards the needs of our clients.
- We will ensure that you meet with all the UK Tier 2 Sponsorship requirements, we will prepare your application to the highest standards including all the relevant documentary evidence thereby leading to a successful application and avoiding unnecessary expense of re-submitting your application to the Home Office;
- Our team of immigration lawyers have a proven track record of success in advising businesses in relation to their corporate immigration needs and testimony to this is the fact that 90% of our work comes from referrals; and
- Our immigration specialists remain up to date with the changes to the UK immigration rules and policy guidance.
Vincent Solicitors and Affordable fees
We cater to the needs of our clients by offering affordable fees and the option of flexible payment terms. If you cannot afford to pay our fee in full at the time of your instructions, we are happy for you to pay in installments; we will accept half of the agreed fixed fee at the time of initial instructions with the balance to be paid upon submission of the application.
Vincent Solicitors and SRA Compliance
We are a firm of solicitors that is authorised and regulated by the SRA to provide immigration advice. Your matter will be dealt with by qualified immigration solicitors from instruction through to completion of your immigration matter. Get in touch for a free initial consultation