Are you looking for overseas talent? One must note that the process of hiring employees from overseas is deceptively simple. Once you have determined the employees outside the European Economic Area (EEA) and Switzerland, get ready for a complicated immigration system to invite them from overseas. Under the current system, a sponsor License is a permission granted by the Home Office to a UK based employer to hire highly skilled workers from outside the European Economic Area (EEA) and Switzerland under Tier 2 Visa route.
Employers must make an application to UK Visas and Immigration (UKVI) to confirm their eligibility for the Tier 2 Sponsor License. They must provide all the essential documents and pieces of evidence to prove that the company has all the capabilities to meet ongoing compliance duties.
Eligibility
To get a sponsor license, an employer cannot afford to have:
- An Unspent criminal conviction for immigration
- Any incident of failing to carry out sponsorship duties.
UK Visas and Immigration (UKVI) will meticulously review the application form and supporting documents (originals or certified copies).
Tier 2 Sponsor Documentation Requirements
An employer must provide following documents to the Home Office
- Lease or Rental agreement for office premises
- Latest Annual accounts
- Employers liability Insurance Documents worth £5 million
- Business Bank Statement from last three months
- VAT and PAYE registration document
Process to undertake
The employer must be familiar with the process in order to obtain a Sponsor Licence from UKVI. The company must:
- Undertake a Resident Labour Market Test.
- Appoint Home Office (Sponsorship Management System) SMS Key Personnel.
- Submit Tier 2 Sponsor License application online.
- Provide appropriate documents to the Home Office which will support Tier 2 Sponsor License application.
- Engage in a pre-authorisation compliance visit.
Resident Labour Market Test
A prospective employer must undertake a Resident Labour Market Test before applying for a Tier 2 Sponsor License. This test involves the employer to ensure that the role has already been advertised for at least 28 days in two advertising platforms.
This step ascertained that the role had already appeared on the Home Office’s “Shortage Occupation List.” Moreover, the salary package for the role must exceed £155,300 or above.
Appointing Key Personnel
A sponsor license holder must be psyched up to appoint individuals within the company to carry out certain administrative functions by key-personnel.
- Authorising Officer: An authorising Office must be a senior and competent person who will carry out the responsibilities for actions of staff and representatives who will employ the Sponsorship Management System (SMS).
- Key Contact: Key Contact must be the main point of contact with UKVI.
- Level 1 User: Level 1 User will be a person who will administer the license and ensure dated compliance according to the immigration rules.
Compiling your application & Supporting Documentation
The application consists of 4 parts encompassing:
- business information,
- a proper justification for applying,
- supporting documents, and
- the nomination of key personnel.
A company needs to provide information like location, the total number of organisations, and essential information regarding registration with HMRC. The employer is also expected to indicate the number of Certificate of Sponsorships (Restricted or Unrestricted) (CoS’s) needed for the rest of the year.
Prepare for UKVI Inspection
The employer is subjected to a compliance visit from UK Visas and Immigration (UKVI). The main objective of Home Office Inspection is to determine whether the company has adequate HR systems in place in order to meet the requirements of the Sponsor license. This step also assesses whether or not to grant the employer sponsor license.
Role of the UK Immigration Law Firm
A knowledgeable and qualified immigration solicitor provides advice, assistance, and representation in employer sponsor license. A Y & J Solicitors is an expert in all aspects of United Kingdom immigration.
Are you still unsure about the Tier 2 Sponsor License? A Y & J undertakes a comprehensive employer-sponsor license application that encompasses conducting an initial assessment, preparing your sponsor license application, advising and assisting in the collation of documents and evidence, carrying out a full immigration audit, and training staff considering compliance duties and responsibilities.
