Under the Points Based System UK employers have to make a tier 2 licence application before they can employ non-EEA workers.
Employers who do not have a sponsor licence will be unable to hire new workers from outside the EU or extend work permits for current employees.
Tier 2 licence application: What do employers have to do?
To make a Tier 2 Licence Application employers must prove that:
- They are a genuine organisation operating lawfully in the UK.
- Their Key Personnel named on the application are honest, dependable and reliable
- They are aware of and capable of carrying out their sponsor duties ie they have appropriate human resources and recruitment systems and practices in place
- They are offering genuine employment that meets the Tier 2 (General) skill level and appropriate rates of pay.
Companies must complete an online application and provide supporting documentation to meet the necessary evidentiary requirements. This must be supplied within five days of the initial application.
Failure to submit all required documents will result in an application being delayed or rejected and further costs being incurred.
Following the receipt of these documents, the company may then be subject to a compliance visit from UK Visas and Immigration, who will assess whether or not to grant the licence.
Companies will also be required to comply with the illegal working requirements which states that all non-EU employees are required to provide documentation that proves their right to work BEFORE being employed by a UK company and copies of this information must also be retained by the employer.
What we can do to help
DavidsonMorris can provide clients with a complete Tier 2 Licence Application package which includes:
- Assisting with initial considerations as to the most appropriate type of sponsorship application and suitable Key Personnel
- Drafting your online tier 2 licence application
- Helping you to collate the appropriate supporting documentation that you must submit
- Briefing or training staff on their duties and responsibilities
- Advising on the UKVI ‘genuineness’ test and assessing whether a prospective employee satisfies the points criteria before the sponsor issues a certificate of sponsorship
- Advising on the alternatives available to you if you decide not to apply for a sponsor licence
With our team of UK immigration specialists well-versed in all the document and evidentiary requirements that can be vital to a prompt and stress-free application.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
