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HR Compliance For Tier 2 Visas

HR Compliance for Tier 2 Visas

An employer sponsor licence is granted on the premise that as an employer, you have both the understanding as well as internal HR systems to fulfil your responsibilities as a sponsor. Often times, we find that it is easy for employers to forget some of their key responsibilities as sponsors. This article summarises some of those duties and responsibilities as well as setting out tips on the best internal systems to put in place to ensure that you are always compliant with your duties as a sponsor.

It is important to note that the HR systems that need to be in place in order to be compliance need not be a world class bespoke IT system. A simple excel spreadsheet may suffice. What is more important is your knowledge of the workings of the systems as well as what is expected of you.

If you are a non-EEA migrant and you are not sure whether or not your company holds a Tier 2 Sponsor licence, please click here .

If you have applied for a Tier 2 Sponsor Licence, the Home Office will assess your application, amongst other things to determine if you have an infrastructure that allows you to be compliant. This is called pre-compliance checks. In some cases, especially for start-ups, the Home Office may decide to visit you.

Home Office Compliance Officers will normally announce their visits; however they may also choose to come in without prior notice.

Key questions you may want to ask yourself include: -

  1. If the migrant doesn't turn up for work, how would you know?
  2. Can you contact them, if they have been absent for some days?
  3. How up-to-date is the contact information you have about them?
  4. How will you know when or if their visa about to expire?
  5. What will you do if their visa expires?

If you can answer these questions by pointing out to emails, calendar entries, filers/folders, documents, software or any other thing within the company's HR, then you are most likely set to pass the pre-compliance checks.

In addition to pre-compliance checks, the Home Office will need to check that the salary on offer is at the appropriate level. Also, whilst it is not a pre-requisite that the company is making profit, companies offering to pay almost double their cash flow may face more scrutiny and checks when compared with companies that offer a salary within or just above their cash flow.

A typical example may be where a company offering is to pay a migrant £35,000 for a role; whereas the company is under a year and the operating capital of the company is less than £10,000. Even though the Home Office is not there to tell you how to run or grow your business, they will have to sure that there is indeed a genuine vacancy in your organisation. And that you are not just sponsoring someone to the UK for the sake of it or for personal gains.

Once your sponsorship application is successful, you must then appoint Key Personnel to manage. Key personnel relates to person within the organisation that will be fulfilling immigration related roles. They are also referred to as the account/compliance officers. These roles include: -

  • An Authorised Officer
  • A key contact
  • Level 1 user.

For more information on duties of each of the key personnel, click here.

If you are not sure that your systems are compliant, please feel free to contact our immigration lawyers today.

Basic duties of a Sponsor

  1. Secure files for all employees
  2. Verification process to ensure that all employees have rights to live and work in the UK.
  3. Ensure that all copies of employee documents with you are genuine.
  4. Update the Home Office of any change of circumstance to the licence, migrant or key personnel.

How we can help

Tier 2 Employee

If you are the applicant looking to apply for a Tier 2 visa, our Tier 2 visa lawyers can help you with an entry clearance application if you are applying from outside the country. We can also assist you with a switching application if you applying from inside the country.

Please note that the fact that you are already in the country doesn't mean that you will be able to submit an application from inside the country. Call our immigration experts today if you are not sure where you should be applying from.

Employer

Our services for employers include: -

  • Tier 2 visa application
  • Sponsorship licence application (Tier 2, 4 and 5).
  • Managing your licence as one of the key personnel
  • Training for your in-house HR staff.
  • Inform you of changes in Home Office rules and advice you on how best to deal and react to them.

Contact us today if you would like to speak to one of our immigration solicitors on 020037442797 or send us an email on info@reissedwards.com.

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Reiss Edwards Awards

ACQ5 Awards Award
Lexis Nexis
Three Best Rated
Department For International Development
University Of Cambridge
Lexology Legal Influencers
ACQ5 Awards Award ACQ5 Awards Award
Lexis Nexis Lexis Nexis
Three Best Rated Three Best Rated
Department For International Development Department For International Development
University Of Cambridge University Of Cambridge
Lexology Legal Influencers Lexology Legal Influencers

O.L

Andy Tieu is absolutely amazing.

As a lawyer myself I can categorically say that he knows his stuff, gentle, responsive, cares about you and not just about the money, very professional.
I mean I can go on and on!

Andy and the entire team at Reiss Edwards are amazing!

Thanks again Andy.

Kiran Sardar


I found Joe very helpful and tremendous patience which is a must in this professional as there are lots of emotions always involved in each and every case.

The way they dealt with my case during COVID19 Situation is highly appreciable. I would definitely recommend Joe D. and Anna F. Anna is an amazing lady, her patience is beyond my words.

Her hard work and professionalism have no boundaries. She is the right person for all type of cases.

Thanks to Anna and Joe for all your support and guidance which helped me fulfill my dream.

I would say Reiss Edwards is lucky to have Joe D. and Anna F. Great job Reiss Edwards.

thanks once again. Anna you’re a Gem and a Star.

Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was outstanding. Handling the case with constant correspondence over a lengthy, lockdown delayed 7-month application process. Her expert advice guided us successfully through some difficult times as a result of COVID-19. Some of the best service I have received for any service ever! Often replying to emails late at night, offering to send additional correspondence to the home office and going above and beyond in handling our case! Well done and thank you Reiss Edwards and thank you Anna!!".

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"Reiss Edwards did a great job, and so much work, for their reasonable fixed fee. I would heartily recommend them to anyone looking to secure a Visa and /or Visa renewal. I will use them again when mine needs to renew. Great value".

Majlinda Berisha

"The help, the professionalism, the kindness from this team is phenomenal. A massive thank you to Anna Foley.

I have had a really tough time with getting my husband’s visa. My last immigration lawyer made many mistakes that caused stress, disappointments and sadness.

I was weary about getting another lawyer as I thought I was going to go through the same experience but no, it turned out better than what I had hoped or even imagined.

What I received was: constant emails and calls updating me and asking if anything else is needed. If I called and they missed my phone call I would get a call back within 10 minutes. All of my documents were carefully checked and I would get a reply the next day if anything was missing or not correct. There were times that I was impatient and asked to just send the visa off, but was reminded that everything had to be perfect and correct before submitting the application. I was told about every option I had and discussed what the best would be. I was always spoke in a nice, calm, polite manner.

The overall intelligence of this team, especially Anna Foley for me, is outstanding. I am speechless. Anna done such an amazing job on my husband’s application that although we couldn’t apply for the fast service and was told to wait for 12 weeks, we got a reply within 5 weeks.

That alone shows what an amazing and talented team Reiss Edwards are. Thank you".

Christine .C

"I wholeheartedly recommend Reiss Edwards to anyone who is in search of immigration advice. I had the pleasure of speaking with Amar who has been very thorough in finding a solution to my enquiry, and followed up with additional information even after the consultation. I normally don't leave reviews, and this firm already has enough good reviews for me to need to my own anyways! However, in this instance, I do hope that my review can let anyone who reads it be aware that RE is a great choice, these people care enough to help you the best they can".

Zohaib Butt

"I had the chance to use Reiss Edwards services for my Tier 2 extension. Marija dealt with my case and I found her very professional and experienced in dealing with my application. The care and attention to detail was exceptional. I would definitely recommend Reiss Edwards!".

Quintus Liu

"Knowledgeable, experienced, and relatable. Translated a complex process into steps that are easy to follow. Cruised to 3 successive wins on my Tier 1 graduate/entrepreneurship visa which allowed us to play our part in making the UK a better and healthier place!".

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"Thank you, Ms. Anna Foley! I am writing this with tears of joy.

As a family, we are all grateful to Anna Foley and her firm Reiss Edwards, for doing all the hard work and giving us the best support. Finally We found the best law firm".

Saira Lawson-Brown

"Highly professional organisation and really supportive solicitors. Ina Iteva the solicitor that was provided to us was a blessing in disguise, as our first solicitor was let go off due to pandemic. She was so supportive and understanding throughout the process, and my husband spouse visa was granted due to their effort and attention to detail. We constantly try to keep in touch with her and consider her as more of a friend now than a solicitor. Sure, to bother her and the firm more in the future".

Nora Nkechi

"My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team".

Deepak Chartbhurjh

"This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again. I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle".

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Top Notch Immigration Service

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Gallagher Jones

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Fong Li

"Investing over 2 million pounds is definitely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind".

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"It's a shame that you don't have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards".

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"I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards".

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Amir Sandeep

"The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help".

Reiss Edwards Reviews

O.L

"Andy Tieu is absolutely amazing, as a lawyer myself I can categorically say tha...

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Kiran Sardar

"I found Joe very helpful and tremendous patience which is a must in this profes...

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Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was ou...

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Isaac .T

"Professional service. I was very impressed with the fact that my ILR applicatio...

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Jesse Lee

"Reiss Edwards did a great job, and so much work, for their reasonable fixed fee...

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"I had the chance to use Reiss Edwards services for my Tier 2 extension. Marija ...

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"Thank you, Ms. Anna Foley! I am writing this with tears of joy. As a family, we...

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"I have been using Reiss Edwards for three years now for my family's immigration...

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Gallagher Jones

"I contacted Reiss Edwards to help me with my wife's UK settlement visa. They ac...

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"I have just had British Citizenship application approved. Prior to making the a...

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Fong Li

"Investing over 2 million pounds is defintely not a routine decision. We had to ...

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"It's a shame that you don't have an 'Excellent' star rating on here, as my expe...

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"I am glad that i instructed Reiss Edwards on my visa matter. It started with a ...

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