Tier 2 Licence Application

IN THIS SECTION

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

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 500 and 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

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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