Authorising Officer must be appointed when applying for a Tier 2 Sponsor Licence. Failure to having an Authorising Officer in your company at any point might cause a suspension or revocation of your Sponsor Licence.
Tier 2 Sponsor Licence Authorising Officer: Who is it?
Authorising Officer is a person appointed by your company to be the Home Office’s first and primary point of contact with your organisation. They will be responsible for the recruitment of all migrant workers, for the activities regarding the immigration status of your employees and for acting on your behalf to issue certificates of sponsorship. The Authorising Officer must be a permanent and paid member of your organisation. This is a very responsible role so it is advisable to ensure you are confident that your Authorising Officer fully understands the importance of their role.
When applying for a Tier 2 Sponsor Licence you must appoint an Authorising Officer and you must have one in your company at any point. Failure to meeting this requirement may result in suspension or revocation of your Sponsor Licence.
With current development in UK immigration laws, many business owners are eager to learn more about different options available in order to bring in international talents from outside the European Economic Area (EEA) to continue to meet business needs and growth. Our experienced solicitors can assist you in obtaining a Sponsor licence for your company and advise you on all the requirements of day-to-day running your company when employing overseas workers.
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.
Tier 2 Sponsor Licence Compliance Checks
Once your Sponsor Licence has been issued it is your responsibility to ensure you comply with your Sponsorship duties. The Home Office is known to conduct unplanned compliance checks visiting businesses without notice. If during these checks the Home Office is not satisfied with their findings and discover there has been a breach in any of the Sponsorship duties, it is likely that your Sponsor Licence will be suspended or revoked. The Home Office has made it clear that they will not tolerate inattentive employers by ruling out the appeal process following a suspension or revocation of a licence. Examples of potential compliance issues that may arise are:
- Failure to update the SMS system regularly;
- Failure to notify the Home Office of changes in Sponsor’s circumstances such as change of address or contact details;
- Employing foreign workers without a valid visa; and
- Not issuing employee’s important documents such as employment contract and payslips.
Our team of solicitors can assist businesses with their Sponsorship duties by regularly conducting mock audits and compliance checks protecting their “A-rated” Sponsor Licence.
UK Tier 2 Sponsor Licence Application Requirements
You must apply for a Sponsor Licence online and you must apply for the correct type of licence in order to be successful in your application. For instance, if you wish to sponsor a worker under the Tier 2 (General) route, you must ensure that the job you are offering is of a suitable skill level and has a corresponding appropriate salary. The minimum skill level of the job must be at NQF level 6 as stated in the codes of practice. Furthermore, the job must pay an appropriate salary in relation to the job title, job description, and the Standard Occupational Classification (SOC) codes.
After you have submitted the application online, you must then provide with the Home Office all the supporting documents within a restricted time limit via post. Different types of businesses will be required to provide different documentary evidence. As a general rule, you must provide sufficient evidence to demonstrate that you run a legitimate and genuine business.
You will be expected to provide evidence that your company is registered with the applicable and necessary regulatory bodies. You will further be expected to provide documents such as Employer’s Liability Insurance cover, proof of VAT registration, financial accounts of the company, and numerous documents depending on the type of business that you run.
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.