The need for employers to ensure that they comply with the rules for Tier 2 Sponsor Licences has never been higher, as more and more small businesses are hit by fines that could have been easily avoided.
What can happen if you do not have a Tier 2 Sponsor Licence?
For small business owners in particular, having to manage every element of your business can be onerous and time consuming. Interviewing prospective staff, performing reference checks and then training them through the on-boarding process will take up time that you might think is better spent on other parts of the business. Hiring staff or specialists from non-EEA countries, such as chefs who are highly skilled in their national cuisine for example, might cost you more than just time, however: if you do not have a Tier 2 Sponsor Licence, you will have hired those non-EEA nationals illegally, and that will leave you liable for fines that could spell the end of your business. Home Office Immigration and Enforcement recently imposed a fine of £100,000 on an Indian and Bangladeshi restaurant in Hampshire, which led to the insolvency of the company. This could have been avoided had the company researched Tier 2 Sponsor Licences.
What to do if you do not have a Tier 2 Sponsor Licence – but need to employ foreign staff
If you want to employ non-EEA nationals as staff in your company, you will need a Tier 2 Sponsor Licence to enable you to do so. You must obtain one before employing the non-EEA national, as you will otherwise receive a civil fine, and face being disqualified from acting as a director of a company and other punishments. There are a number of requirements that your company must meet in order to be eligible for a Tier 2 Sponsor Licence, and you and your staff will also need to undergo suitability checks. If your company is relatively new, it is likely that you will face a compliance inspection from the Home Office, for which you will need to prepare.
What to do if you do not have a Tier 2 Sponsor Licence – Right to Work Check
If you don’t have a Tier 2 Sponsor Licence, you will need to make sure that you are not employing staff illegally, as you do not want to face very damaging fines and disqualification orders. To avoid this, and make sure you are complying with the regulations, businesses will need to carry out a Right to Work Check to ensure that any potential employees are eligible to work in the UK. There are numerous documents that you will be required to check, and compliance with the Home Office rules is vital to ensure the safe future of your business.
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.
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 application succeeds, all necessary documents must be provided.
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.