For many employers, the local labour market does not offer the diversity of skills that are often required for businesses with technical speciality. Because of this, the Home Office initiated the Tier 2 General Visa. The Tier 2 General Visa offers employers the opportunity to bring in talented staff from outside of the EEA to fulfill skill gaps in various sectors. In order to bring in these staff, businesses must themselves gain a Tier 2 Sponsor Licence that allows them to offer these roles.
In this article, we are going to look at the Tier 2 Sponsor Licence in a little more detail and more specifically, the duties that come with the Tier 2 Sponsor Licence.
One of the main duties of a Tier 2 Sponsor Licence holder is to ensure that they abide by the rules that govern the creation and advertising of a role. Due to the requirements that are laid out for Tier 2 Sponsor Licence holders, it is necessary to ensure that jobs are only offered to suitable applicants and that there has been a fair process to ensure that local qualified workers are not being ignored in favour of non-EEA workers.
There are three main areas that are important to consider when it comes to the creation and advertising of a role that could be used as a route into the UK for a Tier 2 General Visa applicant. These three distinct areas are laid out below:
A major part of the eligibility criteria for a Tier 2 General Visa role is the minimum salary. For the vast majority of roles, a minimum salary of Ã‚£30,000 is necessary in order to apply. This minimum is specified to ensure that the Tier 2 General Visa system is not being used as a way to bring in low paid labour to the UK.
Resident Labour Market Test
To ensure the job is eligible for a visa, employers must put the job through a set of tests, known as the resident labour market test. The test consists of specific steps that ensure that there is no one qualified locally who can fulfill the role you are offering. This test is achieved by ensuring that roles are first advertised on the governments Find A Job website, and at least one private sector job board. Once applications are in, you must keep records as to why the domestic applicants were not suitable and hence why you need to offer it to a non-EEA worker. Certain roles that are that do not require the usage of a resident labour market test are those on the Shortage Occupation List or if the role has a pay level of over Ã‚£159,600 per year. There is also an exception for roles for those who have gained a degree on a Tier 4 Student Visa and are now switching to a Tier 2 General Visa in the UK.
Shortage Occupation List
Certain sectors of the UK industry have large shortfalls in skills. Many of these include vitally important areas of British life such as health, education and engineering. Due to the urgent need for these skills, the Home Office introduced the Shortage Occupation List. This list consists of roles and sectors which give the option for employers to not only lower the the minimum salary threshold (though alternative minimums must still be met), but also allow employers to avoid the resident labour market test. Each job is given a Shortage Occupation Code (SOC) which can be used to support the creation of the Certificate of Sponsorship required by the Tier 2 General Visa applicant to apply for a visa.
Another important aspect of the Tier 2 Sponsor Licence conditions is the allocation of Certificates of Sponsorship. These certificates are used to support the application of a would-be Tier 2 General Visa holder. Because of the ability this gives the applicant, it is vital you ensure that you gain all of the information needed to ensure your job applicant is indeed sufficiently qualified to take on the proposed role. You will also need to ensure that there is nothing preventing their ability to work in the UK.
Once you are satisfied all is well, you can allocate a Certificate of Sponsorship to your prospective employee. You will need to ensure that you state how long the certificate is valid for, and that you have met the criteria for its creation.
Once your new employee is with you in the UK, your duties will commence. From this point you will need to ensure that you keep accurate HR records that relate to the staff member. These records include the following information:
It is vital that accurate records are kept - failure to do so could result in significant penalties. ItÃ¢‚¬„¢s vital you have sufficient systems in place to ensure all information is kept.
Our team of immigration specialists can help employers and employees to ensure they make the most of their opportunity in the UK. We can also help to ensure your compliance requirements are being met, giving you absolute peace of mind.
If you need help with your HR systems, get in touch today and our team will be happy to help you to move in the right direction.
It's a shame that you dont 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.
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.
Investing over 2 million pounds is defintely 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.
TI have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
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.
I contacted Reiss Edwards to help me with my wife's UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.
I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.
Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them.
I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.
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.
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.
530 ReviewsREAD ALL REVIEWS