Small and large businesses that require specialist skilled workers from outside the European Economic Area must apply for a Tier 2 Sponsor Licence to become a registered sponsor. Tier 2 Registered Sponsors can offer migrant workers jobs in the UK. In light of the new proposed Immigration System that will be introduced on 1 January 2021; employers are urged to apply for a Tier 2 Sponsor Licence whilst the requirements remain the same. As we have seen in the past with other visa applications, if you apply for a Tier 2 Sponsor licence now it is likely that your route will remain the same and you will not be required to apply under the new Immigration Rules. It is almost certain that post-Brexit a Tier 2 Sponsor Licence application will be more difficult as EU national workers will also fall under this category.
What is a Tier 2 Sponsor Licence?
A Tier 2 Sponsor Licence is an instrument that allows public and private organisations to employ specialist skilled workers from outside the UK and European Economic Area. A Tier 2 Sponsor Licence will be valid for 4 years, after which it will expire unless it is revoked. The Home Office recognises that there is a shortage of specialist workers in the UK resulting in a gap in the UK employment market. The Home Office has designed a Point Based System for employers and migrant workers to use. The Home Office has also implemented measures such as the Tier 2 Resident Labour Market Test to protect domestic workers. The Tier 2 Sponsorship route should only be used where a particular job role cannot be filed by a British or settled worker.
What are the requirements for a Tier 2 Sponsor Licence?
Employers are advised to instruct an immigration specialist for assistance in submitting a Tier 2 Sponsor Licence application. To apply for a licence; employers must complete the online form and ensure they have provided the mandatory documents as listed under Appendix A. You should receive decision 8 to 12 weeks from the date of submission unless the Home Office wishes to conduct an onsite visit to see the business. This is usually when the application is lacking key information or when the Home Office have reasons to doubt the credibility of the business. There are 5 main factors that must be considered when applying for a Tier 2 Sponsor Licence.
- Employers must show that their business is in need of a Tier 2 Sponsor Licence by showing they need specialist workers. Employers can choose to conduct the Tier 2 Resident Labour Market Test as evidence that their business requires a licence.
- Employers must show that the business is operating lawfully in the UK and is compliant with its tax responsibilities. The Home Office will also look at business activity. The Home Office expects employers to provide a specific list of documents to assist them to determine the credibility of the application. The Home Office will be assessing the business structure, relevant accreditations/permissions, insurances and would expect to see tax being paid etc.
- The Home Office will conduct an assessment reviewing the employers’ history and background to determine whether the employer is worthy of a licence. In particular, the Home Office will look at whether the business has applied for a licence before.
- Employers must provide evidence that they have the resources to monitor migrant workers using the Sponsorship Management System (SMS). Employers must carry out their compliance responsibilities and assign a key contact that will act as an authorising officer on the SMS portal.
- Employers must provide evidence to show that the job they are offering is genuine and employment meets the required skill level and salary. The skills threshold for sponsored employment that the role being offered must Regulated Qualifications Framework Level 6 or above.
What happens once you have been granted a Tier 2 Sponsor Licence?
Once the Home Office grants an employer a Tier 2 Sponsor Licence; an employer can start searching for employees from outside the European Economic Area as long as they have carried out the Tier 2 Resident Labour Market Test (RLMT). However, there are a number of exemptions to the Tier 2 RLMT such as if the job in question falls under the Shortage of Occupation list under Appendix K to the Immigration Rules or the job falls under high earners or it is a post-study job (doctors or dentists).
Employers have a wider responsibility to ensure they behave in a manner that is consistent with the law and they must not discriminate workers on the basis of their gender, gender identity, sexual orientation, race, religion or any other protected characteristics under the Equality Act 2010. Once an employer identifies a suitable worker a Certificate of Sponsorship must be assigned (restricted or unrestricted). Following this, a Tier 2 work visa application must be submitted under the Point Based System.
How our immigration solicitors can help with a Tier 2 Sponsor Licence application?
Our immigration solicitors in London specialise in Tier 2 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 Tier 2 Sponsor Licence application. In addition to the legal representations, our team of solicitors also provide multiple substantial reviews of the application bundle to ensure that the correct documentary evidence is submitted. We also prepare and assist with the submission of the application.
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 Tier 2 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 Tier 2 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 Tier 2 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 Tier 2 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 Tier 2 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.