The Home Office priority change of circumstance service allows Tier 2 sponsors to prioritise certain requests each day by submitting an application via email, rather than submitting a standard service request via the Sponsorship Management System (“SMS”). This service also applies to Tier 5 sponsors of temporary migrant workers in the UK. Our business immigration solicitors in London specialise in sponsorship applications and have in-depth knowledge of the SMS portal and sponsor duties. Therefore, for advice on the change of circumstance service and other compliance issues, please contact our team today in order to arrange a consultation.
What is the Tier 2 priority change of circumstance service?
It is important that Tier 2 sponsors remain compliant with their sponsor duties; one of which is making sure that the Home Office is made aware of any changes regarding the sponsor or sponsored employee. Any change of circumstances must be made using the SMS portal. There are some instances where priority requests need to be made by A-rated sponsors which include:
- additional unrestricted Certificate of Sponsorship (“CoS”) allocations;
- annual CoS allocations;
- add a new level 1 user;
- change level 1 user;
- replace or amend the authorising officer;
- replace or amend the key contact;
- add a representative; and
- amend the organisation details such as if moved to a new premises.
How can I submit a Tier 2 priority change of circumstance?
A change of circumstance request first needs to be made as usual via the SMS portal, after which sponsors can then send a completed Tier 2 priority request form to the Home Office priority request email address for consideration. Sponsors can submit multiple priority requests with a maximum of 60 requests allowed per day. If the priority request is eligible, then a link will be emailed to the Authorising Officer to enable them to make a payment within 72 hours.
How long does the Tier 2 priority change of circumstance service take?
The standard processing time for straightforward eligible requests is 5 working days from when the payment (£200) for the request has been made. More complex requests or those that require further checks to be made however, may exceed this standard processing time. If this is the case then the Authorising Officer will be notified by email. The Home Office may also request for further information to be provided within a certain time-frame and failure to comply will result in the request being rejected. Sponsors may only be eligible for a refund if the request is delayed outside the standard processing time due to technical errors.
What is the difference between Tier 2 and Tier 5 visa?
Most of the rules for Tier 2 sponsors also relate to Tier 5 sponsors as both sponsor migrant workers to work in the UK. However, a Tier 2 work visa is usually for long-term workers and is the more common of the two work permits. A Tier 5 Temporary Worker – Government Authorised Exchange visa is for short-term temporary workers who wish to come to the UK for work experience, training or research. The length of the Tier 5 visa is either up to 12 or 24 months whereas it is common for Tier 2 workers to spend 5 years on their visa and subsequently apply for indefinite leave to remain. Tier 5 workers are not allowed to take up permanent employment in the UK.
Can I change from Tier 5 to Tier 2?
It is not possible for a Tier 5 migrant to switch to a Tier 2 visa from within the UK. If a Tier 5 sponsored migrant wishes to undertake permanent employment from a Tier 2 sponsor, then they must return to their home country and make an entry clearance Tier 2 (General) application. In order to successfully do so, Applicants must be assigned a new CoS from a Tier 2 sponsor licenced employer.
Using our Immigration Solicitors in London to use the Tier 2 priority change of circumstance service
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 use the Tier 2 priority change of circumstance service.
It is important that Sponsors are aware of their sponsorship duties and failure to comply put the sponsor licence at risk. 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 sponsor licence application meets the Immigration Rules and requirements.
Successfully use the Tier 2 priority change of circumstance service 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 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.