Businesses who wish to employ workers from outside the European Union must first obtain permission from the Home Office in the form of a sponsor licence. Organisations wishing to employ workers on a permanent basis must apply for a Tier 2 Sponsor Licence. Only organisations that meet the Home Office’s standards regarding eligibility will be granted a Sponsor Licence.
The purpose of the sponsorship system is to ensure that a worker from overseas fills a genuine vacancy that cannot be filled with a suitably qualified or skilled settled worker. Secondly it involves a pledge from the sponsor that it accepts all of the duties expected when sponsoring the migrant.
To make a successful Sponsor Licence application the Home Office will be looking for you to prove that:
- You are a genuine organisation, operating lawfully in the UK;
- That the organisation is run and managed by honest, dependable and reliable members;
- The organisation is aware of and capable of carrying out its sponsor duties i.e. they have appropriate human resources and recruitment practices in place;
- That the organisation can offer genuine employment that meets the appropriate skill level and rate of pay.
In order to obtain a sponsor licence businesses must complete an online application and provide supporting documentation to meet the necessary evidential requirements. Part of the online sponsor application requires the allocation of certain responsibilities to members of your staff. Following receipt of these documents, the business may then be subject to a compliance visit from the Home Office, who shall assess whether or not to grant the licence. In some circumstances, there is the additional requirement of advertising the role to the UK workforce before the role can be offered to an overseas worker.
When completing the application, the organisation must choose which tiers, categories and subcategories they wished to be licenced under. Provided the organisation is eligible, they can choose as many tiers, categories or subcategories as they need. The sponsor licence is valid for four years and thereafter the organisation has the option to renew the licence.
Gherson has over 29 years of experience in handling the immigration matters of both individuals and corporations. Should you require assistance in regards to a Tier 2 sponsor licence or advice on any of your other immigration matters, please contact us.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.