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 to continue to meet business needs and growth. One of the options that may be available to some business owners is to obtain a Tier 5 Sponsor Licence which enables them to employ a skilled non EEA worker on a temporary basis. We briefly outline below how businesses can obtain a Tier 5 Sponsor Licence.
Employing a Tier 5 Temporary Worker in the UK
A Tier 5 Sponsorship Licence caters specifically for employers wishing to employ temporary workers and must fall under one of the following categories;
- Tier 5 (Temporary Worker) Creative and Sporting;
- Tier 5 (Temporary Worker) Religious Workers;
- Tier 5 (Temporary Worker) Charity Workers;
- Tier 5 (Temporary Worker) Government Authorised Exchange; and
- Tier 5 (Temporary Worker) International Agreement.
There are several requirements that businesses must meet in order to be eligible to apply for a Tier 5 Sponsor Licence such as;
- Not have (a) any unspent criminal convictions for immigration offences and certain crimes, and (b) any history in non-compliance with sponsorship duties;
- Show that you are a genuine and legitimate business;
- Proof that you intend to hire a worker for a ‘genuine vacancy’; and
- Show that you are capable and will continue to comply with sponsor duties.
Within each Tier 5 categories, there are further specifications on what type of businesses are eligible. For instance, an organisation must be a registered, excepted or exempt UK charity to fall under the charity workers type of employment.
Tier 5 Sponsor Licence Holder Compliance Duties
Prior to granting the Sponsor Licence, the Home Office may carry out checks to verify documents or may visit your business premises, where necessary.
After you have been granted a Sponsor Licence, you may begin to issue Certificates of Sponsorship (CoS) to your prospective employees. With the CoS in hand, your employee may then apply for a corresponding work visa with the sponsorship you provided.
Businesses also need to be aware that obtaining the Sponsor Licence imposes ongoing compliance duties in relation to record keeping. As such employers must keep records and ensure that they do not fall short immigration law requirements and must co-operate with the Home Office where necessary. Failure to keep up to date with sponsors’ duties may result in a penalty fine, a downgrade of your sponsor licence rating, or even a suspension or revocation of your sponsor licence.
Successful Tier 5 Sponsor Licence Applications for UK Businesses and Employers
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.
Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through your UK Sponsorship Licence application process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our legal case assessment form and we will get in touch or call us now 02071830570 on for a telephone case assessment.