Shortage Occupation List is a list of shortage occupations which are ones where there are not enough settled workers to fill available jobs in particular sectors. Employers willing to employ a worker on a Tier 2 Visa will not have to carry out a Resident Labour Market test if the occupation is listed on the Shortage Occupation List.
UK Tier 2 Sponsor Licence: What is it?
In order for UK business employers to be able to employ skilled workers from outside the EEA, they will need to be holders of a valid Sponsor licence. This includes unpaid work such as running a charity. You must note that sponsoring someone to be your employee in the UK does not necessarily mean that they will most certainly be allowed to work in the UK. Their right to work in the UK will be dependent on numerous factors and on the outcome of their immigration Leave to Remain or Entry Clearance applications.
UK Shortage Occupation List: What is it?
Shortage occupations are ones where there are not enough settled workers to fill available jobs in particular sectors. The document is reviewed regularly and includes a separate occupations list for Scotland.
If the job that your future employee is applying for is listed on the Shortage Occupation List, you will not have to carry out a Resident Market Labour Test before assigning Tier 2 (General) certificate of sponsorship (CoS). The certificate of sponsorship can only be assigned for a job in the Shortage Occupation List if the migrant will work for a minimum of 30 hours a week. There are also specific requirements for applicants applying under the digital technology Shortage Occupation List.
UK Resident Market Labour Test
Employers must demonstrate they have conducted the Resident Market Labour Test before recruiting a non-European Economic Area (EEA) migrant worker under the Tier 2 (General) visa. The Home Office has made it clear that they will refuse Tier 2 applications where employers have failed to conduct the Resident Labour Market Test. Employers must demonstrate they have advertised the vacancy for at least 28 consecutive calendar days in accordance with their policy guidance, within the 6 month period before assigning the certificate of sponsorship to a non-EEA migrant. Assessing a candidate’s suitability for a job role solely on qualifications is relatively straightforward for employers but challenges often arise when assessing a candidate’s intangible skills referred to as soft skills which are not easily distinguishable.
Using Legal Representation to Apply for a Tier 2 Sponsor Licence
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 2 Sponsor licence application.
A Sponsor Licence application can be complicated at times as the Home Office have imposed highly specific requirements for applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the Sponsor Licence process. We ensure that we assist you to achieve and maintain an A-rated Sponsor status and provide ongoing compliance checks to ensure you are aware of your duties as a registered Sponsor.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successful Tier 2 Sponsor Licence Applications
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 immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.
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 immigration 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.
Contact our London immigration solicitors on 02071830570 or complete our contact form.