It is the responsibility of employers with sponsor licences to familiarise themselves with changes to the immigration rules relating to sponsoring overseas skilled workers. On the 6th of April 2017, the employee sponsorship licence rules was updated, touching on employers who allow their Tier 2 migrant to go out to work at a third party site.
The key points of the changes include: -
If you are a sponsoring employer whose Tier 2 employee work at a third party premises, the following steps may be necessary: -
If you are looking to move your sponsored migrant to a site, it is important that this move is reported to and approved by the Home Office. You will need to add this new location as an additional site on the Tier 2 Sponsor Licence.
Once the UKVI approves the additional site, you may now proceed with moving the Tier 2 migrant to the new site.
This instance relates to where the change of location is to a different entity but where both entities share a common ownership or control.
The process here is the same as above. The employer must inform the Home Office to obtain an approval to relocate. Importantly the branch must have been reported to and approved by the Home Office as a branch on the Tier 2 sponsor licence management system.
The employer must show evidence of the relationship between the parent and the branch. Evidence of relationship may be by way of audited accounts.
The employee may be transferred once the branch has been approved.
Tier 2 migrants can only work for a third party where they will be working on a project for the third party on behalf of the sponsor. Please note that the Tier 2 migrant cannot be one of the following: -
Note that the third party need not be added to the sponsor licence.
Reiss Edwards boasts of a team of expert sponsor licence lawyers in London who can assist you all matters regarding Tier 2 visa applications, sponsor licence applications as well as immigration compliance and audit.
Contact us today on 020237442797 or firstname.lastname@example.org for a free consultation.