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TIERS 2 SPONSORS: UPDATED GUIDANCE

Posted by: Gherson Immigration

Tier 2 Sponsors: Updated Guidance

On 06 November 2014, changes were made to the Tier 2 Policy Guidance. All Tier 2 sponsors, new or existing, must ensure that they are aware of these changes and comply with the guidance at all times.

Overview of changes:

• New Sponsor: You must have at least 1 employee as a Level 1 User to ensure that you have access to the Sponsor Management System (SMS), to check activity.

• If you are applying for a sponsor licence as a new sponsor and wish to employ a migrant who is at NQF (National Qualifications Framework) level three or four, then you must inform UKVI of why, and supply their name so their eligibility can be checked.

• There is a cooling-off period for sponsors. This is the period of time between the refusal of a sponsor licence application and making a new application, which can vary from a minimum of six months to a maximum of five years depending upon the grounds of refusal. The reasons for previous refusal should be resolved before any attempt is made to reapply. If an employer surrendered its licence whilst UKVI took action against it, the employer will be subject to a cooling-off period before a new application can be made.

• If you are applying under Tier 2 (General), UKVI will check to see whether you can offer genuine employment that meets the Tier 2 (General) skill level and appropriate rates of pay. You must only employ migrants who are appropriately qualified or registered to do the job, and there must be a genuine vacancy.

• If your migrant employee gains Indefinite Leave to Remain (ILR) in the UK whilst being sponsored by you, then you must report this to UKVI within 10 working days of becoming aware of the change.

• All salaries and payments made to migrants that you sponsor under Tier 2 must be made into their bank accounts in the UK or overseas and must not be paid in cash.

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