You must be registered with the Home Office in order to be able to allocate certificate of sponsorship to the applicants. They are aware of and capable of carrying out their sponsor duties ie they have appropriate. "@type": "Question", The Authorising Officer will not have automatic access to the SMS to carry out any of the practical functions relating to sponsoring migrant workers – unless you also choose to make them a Level 1 user. ", Your Level 1 or Level 2 users must not assign a Certificate of Sponsorship to themselves or assign a CoS to a close relative or partner (including husband, wife, civil partner or unmarried partner, parent, child or sibling.). Leverage your professional network, and get hired. Typically, you will need to provide at least four supporting documents so as to verify your organisation, although the documentary requirements can vary depending on the nature of your organisation and the vacancies you are looking to fill. You also have the option to opt-out of these cookies. By law you are required to carry out right to work checks on the foreign workers that you sponsor to ensure that they are legally entitled to work in the UK and to undertake the work in question. We'll assume you're ok with this, but you can opt-out if you wish. , { All documents must be kept for whichever is the shorter period of either: Sponsor licence holders are legally obliged to retain the following during the duration of employment: Having been granted a Tier 2 sponsorship licence you will be given access to what’s known as the Sponsor Management System (SMS) run by the Home Office. Tier 2 sponsorship licences are issued for a period of four years. Keep in touch with your professional network and discover the latest industry news and opportunities. Given the scope for error and the organisational importance of getting the application right first time, seeking professional advice can help you ensure you are collating the correct documentation for your organisation’s application. Registered Office: Level 30, The Leadenhall Building, 122 Leadenhall Street, London, EC3V 4AB, Branding, Digital & Website by Rokman Laing. Failure to submit all required documents will result in an application being delayed or rejected and further costs being incurred. Needless to say, the applicant will need to be suitably qualified for that role, having provided their prospective employer with evidence of their qualifications and/or experience. In the event that you fail to comply with your sponsorship duties, you are at risk of action being taken against you by the Home Office. Takeovers, acquisitions, mergers and TUPE transfers are all examples of significant organisational changes which are to be reported to UKVI usually within 28 days of the change happening. Judicial Review Can Help! If you are a UK employer looking to recruit a skilled worker from outside the European Economic Area (EEA) or Switzerland to fill a job that cannot be filled by a suitably qualified or skilled settled worker, you will need to understand all about Tier 2 sponsorship. The employer must also be able to show, with reference to its recruitment processes that a suitably qualified or skilled settled worker already living permanently in the UK could not be found. Tier 2 (Intra-Company Transfer) – this category enables employers to transfer existing employees who are non-EEA nationals to a UK branch. The UK Tier 2 visa is for workers who are offered a job in the UK and therefore have an employer who will act as a sponsor for their visa application. Tier 2 visa sponsorship record keeping. Judicial Review Can Help! Sponsor licence (formerly Tier 2 sponsor licence) guidance. The specific documents to provide will depend on the type of organisation that is applying. The licensed sponsor must then go on to show that no suitable settled worker is available to fill the job or, alternatively, that the job is exempt from the RLMT. The UK has two categories of sponsor licences for companies to bring overseas (non-EEA) workers to the UK – these are found in the Tier 2 and 5 register of sponsors , also known as the Tier 2 and Tier 5 sponsor … These include record keeping, monitoring visa workers, notifying the Home Office of relevant changes in circumstances affecting their organisation and their Tier 2 visa workers and cooperating with the Home Office. Visit Bloomsbury Professional Talk to an Advisor 01444 416 119 Free Trial We work with employers in the UK or looking to set up operations here to help hire and onboard talent through the sponsorship application process and Tier 2 visa route. } A sponsorship licence is effectively the permission granted by the Home Office to an employer to ‘sponsor’ qualifying skilled workers under the Tier 2 and Tier 5 routes. They need a job offer from a UK-based employer. Such as in response to requests for documentation or providing access during site visits. We can also help with Home Office investigations and mitigating any potential liability for any failure on your part to comply with your duties. Any failure to comply with your duties as a licensed sponsor could result in your Tier 2 licence rating being downgraded to a “B” rating. As a team of dedicated UK immigration lawyers, we have extensive experience of helping employers of all sizes through the complexities of the sponsor licence application process. A certificate of sponsorship is a unique reference number assigned by a UK sponsor holder to a non-EEA national that they are looking to employ under the Tier 2 visa route. Updated list of sponsors. As with UK branches, overseas branches and subsidiaries are also not viewable on the SMS, making it challenging to know exactly which overseas companies are covered by your licence. "acceptedAnswer": { As a UK sponsor licence holder, you operate under a legal requirement to inform the Home Office of certain organisational and employee changes via the online Sponsor Management System (SMS). Your Level 1 user(s) will usually be the person or people who are doing your day-to-day immigration work. The Home Office will contact them in the event that they have queries about your sponsor licence application, the documents submitted or the payment. However, the worker is entitled to apply for indefinite leave … The fee for the premium service can range from £8,000 per year for small, medium or charitable organisations to £25,000 per year for large organisations. A Tier 2 sponsorship licence is the permission granted to you as a UK employer to sponsor skilled foreign workers wanting to work for your organisation in the UK under the Tier 2 visa route. Added guidance on priority change of circumstances for sponsors and Tier 2 and 5 priority service request form. The authorising officer is the person responsible for the activities of all SMS users and ensuring that all of your sponsorship duties are met. If the migrant worker is applying for a Tier 2 General visa, the job will usually need to be Regulated Qualifications Framework (RQF) level 6 or above, although there are separate skill levels, and rates of pay, for various creative sector occupations. So much effort is put into crafting a sponsorship package. This reflects changes made to UK immigration rules in December 2020, notably, the replacement of the Tier 2 (General) visa route for sponsored employment with the new Skilled Worker visa route. workpermit.com can help. As a team of dedicated UK immigration lawyers, we have extensive experience of helping employers of all sizes through the complexities of the sponsor licence application process. Regulated by the Solicitors Regulation Authority No. It’s essential that you have an Authorising Officer in place at all times. "mainEntity": [ With Tier 2 visa sponsorship, companies are permitted to hire skilled workers from outside the UK where the role and level of pay meet specific requirements. Applying for a Sponsor Licence, however, is a complex process and involves submitting the right documents and evidence to satisfy UKVI requirements. Latest UK COVID Restrictions & Business Travel, Hiring Students Switching to Skilled Worker Visa, Tier 2 (General) – this category enables employers to recruit non-EEA nationals to fill jobs that cannot be filled by a suitably qualified or skilled settled worker. A certificate is also required for the Tier 2 applicant’s dependant spouse/partner for any country in which the adult partner has been present in for 12 months or more (whether continuously or in total) in the last 10 years prior to their application, while aged 18 or over. When you are first granted a Tier 2 sponsorship licence, you will be placed on the register of sponsors and given an “A” licence rating. "name": "Which documents are needed for the sponsor licence application? We can also support with Tier 2 visa applications for your PBS workers. Updated document. The maximum permitted stay in this category is six years. UK Sponsorship Visa (Tier 2) — skilled worker. Non-EEA nationals must have a valid certificate of sponsorship in order to make their Tier 2 visa application to the Home Office." If your licence application has been refused, take advice on the options open to you to help avoid missing out on a key candidate. "text": "Tier 2 sponsorship licences are issued for a period of four years. Yet, in my experience as CEO and president of The Sponsorship Collective, it is the most overrated, unnecessary tool in your tool box. Once your licence has been granted you can appoint more Level 1 users, including your Representative or other members of staff. This includes workers coming to the UK to fill. ", The cost of applying for a Tier 2 sponsorship licence depends on the size of your organisation. You also have the option to opt-out of these cookies. the system they will need to be set up as a level 1 or level 2 user. We also provide ongoing support with compliance and meeting licence duties to manage the risk of non-compliance and ensure effective preparation for the renewal application. For current HEE sponsored trainees who require an extension to their Tier 2 visa to complete their training, please email: tier2@hee.nhs.uk and refer to the Frequently Asked Questions . Further, the absolute minimum salary rate for new entrants under the Tier 2 General route is £20,800, and at least £30,00 for experienced workers or the experienced worker rate for the job role, whichever is higher. This website uses cookies to improve your experience while you navigate through the website. They can only: You can appoint as many level 2 users as you need once your licence is in place. If your licence is downgraded you will be required to pay a fee to UKVI for an action plan identifying the issues that you must remedy in order to be upgraded back to A-status. Whoever you nominate, you must be sure that they fully understand the importance of the role. By submitting, you agree to our Privacy Policy. The Home Office can refuse licence applications for many reasons. You must also retain copies of any. In addition to satisfying the relevant skill requirements and minimum salary threshold, in the majority of cases a Tier 2 sponsor must also conduct what’s known as the resident labour market test (RLMT). Employing a Tier 2 visa worker requires a company to hold a valid company sponsorship licence, and for the role and candidate to meet certain eligibility requirements. Further costs will also be payable when, for example, assigning the Certificate of Sponsorship to the job applicant. "name": "What are the responsibilities of the Tier 2 sponsor? In any event, you must have informed the Home Office before you can look to transfer an employee from that overseas company to the UK. Moreover, employers who are found to be employing illegal workers face harsh civil financial penalties and even criminal prosecution. A certificate of sponsorship is a unique reference number assigned by a UK sponsor holder to a non-EEA national that they are looking to employ under the Tier 2 visa route. This is currently set at £1,000 per employee per year (as at January 2020), reduced to £364 for small or charitable organisations. DavidsonMorris Ltd t/a DavidsonMorris Solicitors is a company Registered in England & Wales No. In the seven years that the PBS system has been operating UKVI have recognised that it’s not helpful for them to have an Authorising Officer who is so senior in the company that they have no involvement with recruitment or immigration and therefore are unable to answer many of UKVI’s queries. } An employer may also be required to obtain a sponsor licence where it merges with or takes over another business which already sponsors migrants under Tier 2. These include the following: Note that if your nominated personnel on your Tier 2 sponsorship licence application form have a history of immigration violations or any unspent criminal convictions, this could result in your application being denied. By way of example, for a marketing and sales director the new entrant rate is £32,000, and the experienced worker rate is £49,900. We offer audits, training and consultancy services to support your organisation in all aspects of managing - and retaining - its tier 2 sponsorship licence. That means if the current incumbent leaves the company, or relocates overseas, or goes on sabbatical or maternity leave, you need to appoint someone else to fill the role, even where on a temporary basis to ensured continuity of the cover. "@type": "Answer", Complying with the law, such as carrying out right to work checks on employees to ensure that they are entitled to be in the UK and undertake the work in question. Other requirements for your Authorising Officer are that they must be: Your Key Contact is, as the name implies, the UKVI’s other main point of contact for the licence. That means they can: You must always have at least one Level 1 user in place, who can access the SMS to carry out these tasks. This reflects changes made to UK immigration rules in December 2020, notably, the replacement of the Tier 2 (General) visa route for sponsored employment with the new Skilled Worker visa route. Tier 2 Visa Sponsorship For highly skilled individuals in the IT & Finance sector Apply Now. This website uses cookies to improve your experience. This requires you to have conducted the resident labour market test. This reference number is required for each individual to make their individual Tier 2 visa application to the Home Office for entry clearance. In addition, you will be liable to pay the Immigration Skills Charge each time you sponsor a non-EEA migrant worker. A Tier 2 Sponsor Licence is a permission given to an organisation to sponsor workers in its business. The biggest challenge for foreign citizens is to find and secure a Tier 2 sponsoring job in the UK. How to get sponsorship in the UK is through a job offer for a position categorised as a ‘shortage occupation’ and the employer completing a ‘resident labour market test’ to prove that the job can't be filled by a resident worker. UKVI recommend that you keep numbers to the minimum necessary for effective business operation. The full requirements of conditions of sponsorship … This organisation must also hold a Tier 2 sponsor licence which allows them to sponsor workers from overseas. If your licence is revoked you may be barred from applying for a new licence for a six month ‘cooling off period’. , { Explore all 427.000+ current Jobs in United Kingdom and abroad. Under the English language requirement the applicant can prove their knowledge of English by either passing an approved English language test with at least CEFR level B1 in reading, writing, speaking and listening, or by having an academic qualification that was taught in English and is recognised by UK NARIC as being equivalent to a UK bachelor’s degree, master’s degree or PhD. } How do I renew my sponsorship licence? This Tier 2 sponsor guidance is to help employers navigate the Home Office rules for eligibility and the protocol for compiling and submitting your application. Failure to maintain the validity of your licence can result in Home Office enforcement action against your organisation and result in curtailment of your migrant workers’ visas. Tier 2 General licence allows the employer to sponsor a non-British worker whether or not the worker previously worked for the employer. Once your application has been submitted to the Home Office online, it can take between 2-3 months for the Home Office to process your submission and make a decision. However, let’s not forget that out of the 319,000 non-EU students the majority did not want to stay in the UK after their studies and did not actively apply for Tier 2 jobs. Settled workers will not be considered unsuitable on the basis that they lack qualifications, experience or skills that were not specifically requested in the job advertisement. The log-in details sent to each of your Level 1 Users are also specific for each individual and must not be used by others, or even accessible to them. Receiving a notice that your Sponsor Licence has been revoked can have a devastating impact on your organisation due to dire skills shortage in the UK. The Immigration Rules are notoriously complex and subject to frequent change. "@type": "Answer", You are required to report within 10 working days if the sponsored individual: You are also required to report to the Home Office any suspicions and evidence that an individual is breaking the conditions of their stay in the UK. The Home Office has powers to downgrade, suspend or revoke your licence. We can help you adhere to your duties as a Tier 2 sponsor … Tier 2 (Minister of Religion): this category enables religious workers to undertake employment within a faith community in the UK. As part of the process, you will need to show that your organisation has complied with its duties and will continue to maintain compliant immigration practices. For advice about your Tier 2 visa sponsorship or hiring Tier 2 workers, contact us. You can appoint any of the following as a Level 1 user: Level 2 users also have access to the SMS, but on a much more restricted basis. If you are looking to work in the UK under a Tier 2 General visa you will require a Certificate of Sponsorship (COS) from a Tier 2 licensed sponsor.These sponsors are allowed to issue a Certificate of Sponsorship that allows workers to come to the UK under a Tier 2 General visa. And you should have one at all times whilst you hold a licence. When applying to the Home Office for your company sponsorship visa licence, the organisation’s capability to meet these duties will be assessed, and only if the Home Office is satisfied that you meet these standards will you be granted the sponsor licence. The charge is set at £1,000 per employee per year, and a reduced rate of £364 for small or charitable organisations. In all cases, you will be required to provide documentary evidence to support your eligibility. However, the certificate must not only confirm that the job is suitably skilled, but also that the applicant will be paid at or above the appropriate rate for that job. This must be issued by the relevant authority in any country in which the applicant has been present for 12 months or more, whether continuously or in total, in the past 10 years. If you are looking to hire foreign skilled workers from outside the European Economic Area (EEA) and Switzerland, as a UK employer you will first need to apply to the Home Office for a Tier 2 sponsorship licence. Get the DM Business Newsletter & Invitations to our Events. You have been compliant with UK immigration rules throughout the qualifying period. You can commence a permanent job with your new sponsor once you have successfully completed your course (i.e. Full-time, temporary, and part-time jobs. If you wish to come to the UK for work, you must apply to companies that hold sponsor licenses for specialised work permits, also known as Tier 2 Visa.. A Tier 2 sponsorship licence is the permission granted to you as a UK employer to sponsor skilled foreign workers wanting to work for your organisation in the UK under the Tier 2 visa route. If applying as a skilled migrant worker under the points based system, to be eligible for a Tier 2 General visa the applicant must score a minimum of 50 points for attributes under paragraphs 76 to 84A of Appendix A of the Immigration Rules. You may also need to evidence that you have tried, without success, to hire for the role domestically. Start your new career right now! 1. You must however be able to make the documents available to UKVI on request. } If you are applying from outside the UK, you will need to have a job offer from a registered company in the UK. } Conditions of Sponsorship – Changes in Circumstances . The current restricted CoS quota system means employers need to apply once a month for CoSs. These include record keeping, monitoring visa workers, notifying the Home Office of relevant changes in circumstances affecting their organisation and their Tier 2 visa workers and cooperating with the Home Office." How To Find A Tier 2 Visa Sponsor. } You should always exercise a degree of caution and carry out any necessary background checks to ensure that the individuals who you chose to appoint as your key personnel are honest, dependable and reliable, and do not represent a threat to immigration control. At Commonwealth Contractors we specialise in the Tier 2 Visa (General) process. To continue to employ Tier 2 workers beyond this date, you will need to apply to renew your licence before it expires. The licence grants permission to employ non-European nationals within specific limitations on the type of work that can be performed and the duration of the visa. ", But opting out of some of these cookies may have an effect on your browsing experience. Keeping up-to-date records of all foreign workers, Tracking and recording employee attendance, Reporting certain employee activities, such as non-attendance or non-compliance, Cooperating with the Home Office, such as during site visits. Eligibility requirements for all key personnel. minimum salary rate for new entrants under the Tier, workers through Tier 2 visa sponsorship must also satisfy a number of ongoing legal obligations, licence is the permission granted to you as a UK employer to sponsor, list includes those skilled jobs where the shortages, English language requirement the applicant can prove their knowledge of English by either passing an approved English language test, applicant may be exempt from this requirement, Tier 2 visa has been granted to an applicant, puts your organisation at risk of Home Office, immigration ‘raids’ and announced site visits, documents to prove their entitlement to work, workers and their current right to work in the UK documentation, Home Office regarding change of circumstances, sponsorship licence you will be given access to what’s known as the Sponsor Management System, DavidsonMorris are specialist UK business immigration, You must maintain accurate and up-to-date records for any migrant worker that you sponsor, including their contact details, UK residential address and any telephone number. New Tier 2 Sponsor jobs added daily. Two years ago they therefore amended the requirement for new licence applicants, requiring their Authorising Officer to be the “most senior person responsible for the recruitment of all migrant workers and ensuring that sponsor duties are met”. Why choose DavidsonMorris? If your licence rating is downgraded, you will be required to pay for an action plan at a cost of £1,476 to help reinstate your “A” licence rating. This includes the following: You will be given access to the Sponsor Management System (SMS) an online tool to be used to administer your day-to-day sponsor activities, such as assigning certificates of sponsorship. Tier 2 Extensions. , { Given the scope for error and the organisational importance of getting the application right first time, seeking professional advice can help you ensure you are collating the correct documentation for your organisation’s application. Given the scope for error and the organisational importance of getting the application right first time, seeking professional advice can help you ensure you are collating the correct documentation for your organisation’s application." Any job that appears on the shortage occupation list does not need to be advertised before it can be offered to a non-EEA migrant worker. HOW WE CAN HELP. For more information and advice on Tier 2 Sponsor Licences, UK immigration law and UK visa applications please contact us on 0344 991 9222 or at … }. Tier 2 Sponsor Licence Revocation can be challenged through Judicial Review. When assigning a certificate of sponsorship, the employer must choose the most relevant SOC code for the job that the sponsored employee will fill, thereby confirming that the role meets the required skill level. Coaches who are non-EEA nationals to a UK branch the potential to impact your current sponsored migrant and... Are doing your day-to-day immigration work function properly the 4-year duration of licence. Market test more Events than ever are competing for the Home Office, such as regular,... `` @ type '': `` Why choose DavidsonMorris all cases, you need... The DM business Newsletter & Invitations to our Events of these cookies will be liable pay. Missing out on the certificate of sponsorship or hiring Tier 2 ( Sportsperson ): this category only includes that. Every certificate of sponsorship rules throughout the qualifying period dream job organisation if you out... To keep track of which addresses are in the UK or revoked avoided... Be exempt from this requirement if they require access to the Home Office ’ Appendix... Responsibilities of the Tier 2 ( Minister of Religion ): this category includes... The full lists of the current sponsor licence which allows them to foreign. And who can ( and critically can not ) be appointed rating being,! 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