New Skilled Worker Licence required to recruit migrant workers in 2021

As we all know, the UK’s immigration system is in the process of being reformed in order to include EEA nationals within the Immigration Rules from January 2021. This means EEA nationals who wish to come to the UK to work after this date will need to apply for a skilled job position which is offered by an employer with a sponsor licence. Under the current Tier 2 visa route, employers must have a Tier 2 sponsor licence in order to employ the non-EEA migrant worker. From 1 January 2021 the Tier 2 route will cease to exist and therefore Applicants and employers will have to meet the rules under the skilled worker route. It is important that the visa Applicants, as well as the employers, are aware of the up and coming changes as failure to adhere to the recent guidance can result in visa refusals and serious penalties. Our Immigration Solicitors in London are happy to have a consultation with migrant workers and employers in order to discuss the changes and how they may affect the employee and the business.

What is the new Skilled Worker Licence?

The skilled worker licence will allow employers to sponsor skilled migrant workers in the UK under the new skilled worker route which will come into force by 1 January 2021. Essentially, the skilled worker licence will replace the current Tier 2 sponsor licence. Current Tier 2 sponsors who wish to continue to sponsor migrant workers in the UK after 1 January 2021 will be automatically granted the skilled worker licence. The same applies to current Tier 2 ICT sponsors. The Home Office advises that any employers who currently do not have a valid Tier 2 sponsor licence and would like to sponsor migrant workers in the UK to apply for a sponsor licence as soon as possible.

What is the new Skilled Worker visa?

The skilled worker visa will replace the Tier 2 (General) visa. Whilst the full guidance and rules have yet to be published, certain changes from the current Tier 2 route have already been announced. The main difference between the current points based system route and the new route will be the inclusion of EEA nationals. Other notable changes include the job offer must be at the minimum skill level of RQF 3 or above (which is the equivalent of A-levels) as opposed to being a minimum of RQF 6. Furthermore, it is possible to ‘trade points’ under the new skilled worker route. For example, if the job role pays less than the minimum salary requirement £25,600 but no less than £20,480, then the Applicant may still be able to successfully apply if they are applying for a job on the Shortage Occupation list or have a higher skill level (equal to PhD). Skilled worker applicants will still need to be sponsored from a Home Office approved employer (as mentioned above) and are still able to bring dependents with them (dependant on meeting the relevant requirements).

EEA nationals in the UK before 31 December 2020 do not have to apply under the skilled worker route and can instead apply under the EU Settlement Scheme until 30 June 2021.

What is a Tier 2 UK Visa?

A Tier 2 Visa is a Points Based System application which enables non-EEA national skilled workers to come to the UK to take up employment. The employment must be genuine and Applicants must have a valid Certificate of Sponsorship (CoS) in order to apply. Migrants can spend up to 6 years in the UK under this visa route and there is a route to settlement in the UK. This visa route will be coming to an end from 1 January 2021 and will be replaced with the skilled worker visa. Migrants with a valid Tier 2 visa prior to this date will likely still be able to apply for an extension or settlement either under the Tier 2 route until a certain date or under the skilled worker route.

How can our immigration solicitors in London can help with a Sponsor Licence application?

Our immigration solicitors in London specialise in Sponsor Licence applications and prepare applications to the highest standard. We have an impeccable track history of submitting successful business visa applications for a range of different businesses. The key to submitting successful applications is being aware of the relevant Immigration Rules and ensuring the correct supporting documents are submitted with the application. Our immigration solicitors in London guide Applicants through the requirements and prepare detailed legal submissions in support of the Sponsor Licence application whilst conducting thorough reviews of the supporting documents.

In addition to the legal representations and application submission, our team of solicitors can also conduct a mock Home Office compliance visit to ensure the Key Contact is prepared in the event the Home Office decide to make an unannounced visit to the business premises at any point during the application process or even once the sponsor licence has been granted.

Using our Immigration Solicitors in London to submit a successful Sponsor Licence application

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Sponsor Licence. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.

Caseworkers at the Home Office are trained to reject applications, which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Sponsor Licence application succeeds, our solicitors and barristers will ensure all specified documents must be provided.

The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successful Sponsor Licence applications with our Immigration Solicitors in London

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Sponsor Licence application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Sponsor Licence application and ensure that your application has the best chance of success.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful Sponsor Licence applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an application.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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