If an employer is looking to recruit an overseas worker, a non EEA UK graduate, or an existing sponsored worker (i.e. already employed by another business) then in the majority of cases any such employer would need to ensure that they hold a Tier 2 Sponsor Licence. Before the individual prospective candidate can start working for the employer there is specific defined process that each employer will need to undertake before they are issued with the Sponsor Licence.
Typically, the process will include the following:
In some instances, prior to applying for a Tier 2 Sponsor Licence, it may be that a prospective employer will need to undertake a Resident Labour Market Test. This primarily involves the employer in question ensuring that the role / position in question has been advertised for at least 28 days in two advertising platforms so as to afford UK based EEA residents, settled migrants and British Citizens an opportunity to apply for the role in question.
Provided that the prospective migrant worker is genuinely still the most suitably qualified candidate at the end of this particular recruitment process and this can be supported by documentary evidence then UKVI will usually be satisfied that the process has been a genuine one and that the role meets the “genuine” vacancy definition.
In some other instances it may not always be necessary for a Resident Labour Market Test to be conducted, this will usually be the case in the following circumstances:
Below is a snapshot of how a sponsor licence online application looks like.
Before applying for a Tier 2 Sponsor Licence, the company will need to select Key personnel. Key personnel include persons that will be managing the immigration relation functions within the organisation. There are certain immigration related roles that must be fulfilled by the personnel within the company.
Based on the structure of your business and your needs, it is up to you to decide on the number of level 1 users you have. As the authorising officer is responsible for actions of users of the SMS, it is advisable to keep the number of level 1 users to the minimum necessary for effective business operation.
Once you have identified the relevant “key Personnel” the next step is to formally complete the Online Tier 2 Sponsor Licence Application. Essentially this application consists of 4 parts covering Business Information, Justification for applying, Supporting documents and nomination of Key Personnel
Typically, the information required to be provided about the business such as location, industry total number of workers and information regarding registration with HMRC.
Once you have provided the information about the business in the next section you are then required to indicate the reason why you are applying for a Sponsor Licence (e.g. business expansion, specialist knowledge or new market penetration). You will also be expected to indicate how many Unrestricted CoS’s you will require for the remainder of the year. Here at Reiss Edwards our specialist Tier 2 immigration lawyers can advise you on how may Unrestricted CoS’s you will require once we have a better understanding of your business and your recruitment plans for the upcoming year.
The penultimate section in the Tier 2 sponsor licence application relates to the supporting documents that the company will be providing as part of the application. Some documents are mandatory depending on the nature of the business but generally the documents that a prospective sponsor is expected to provide are documents that they would already be in their possession in the ordinary course of their business such as:
Once you have selected the documents that you will be using to apply you need to make sure that those very same documents are to hand as you will need to physically post them to the Home Office Sponsor Licence Team within 5 days of you completing the online sponsor Licence application.
The final part of the application requires you to provide the contact details and information about the Key Personnel. One person can perform all three roles (Authorising Officer, Key Contact & Level 1 user), however, this is not always practical to appoint the same person to all 3 roles our business immigration lawyers can always advise you on the appropriateness of your selection based on your organisations individual set of circumstances.
Our team of London based Tier 2 sponsor licence lawyers can advise on all aspects of your Tier 2 sponsorship application process. We offer a free initial consultation / assessment over phone, please feel free to take advantage of this service.
Call us now on 020 3744 2797 or send us an email at firstname.lastname@example.org.