If you are an employer, you may need to apply for a licence if you want to offer a job to a person who does not have a British or European passport. The following are examples of when a business needs a Tier 2 sponsor licence;
Sponsoring someone refers to offering your preferred candidate a position within your establishment. Before you consider applying for a licence, you need to determine that the role that you are recruiting for is skilled. If it is not, you cannot offer sponsorship. The Home Office define a job role as being skilled if it meets NQF level 6 or above. Click here for a table known as the Standard Occupation Codes ('SOC'). This table lists most job titles confirming what NQF level they are, also listing the minimum salary related to the role. These codes often change and at the time of writing, the link included was the most up to date.
If the job you are recruiting for is below NQF level 6 you can only sponsor the migrant if the job title can be found on the shortage occupation list, which you can see by clicking here.
The SOC and shortage occupation lists show the minimum salary for each job role. Generally speaking, the lowest salary that you will find on any given SOC is £20,500.
Once you have established that your company needs a licence, you will need to;
If a candidate is in the UK and has been on a student visa known as a Tier 4 visa, you may not need to advertise the job role before applying for a licence.
Once the online application has been submitted, the Home Office take in the region of 6 weeks to make a decision to issue a licence. If your business is regulated by an independent body such as the Solicitors Regulations Authority, this can reduce the processing time by half.
The Home Office may visit your office branch before making a decision. They are likely to visit you if you are a start-up to check your human resources system. They may visit even if you have been trading for some time, although this is less likely. If your application is approved, you will have a sponsorship licence for 4 years which is renewable at the end of this term.
Your licence can be used for more than one candidate as long as you are able to maintain a reasonable HR system. A HR system does not need to be an entire department. It can be as simple as a folder including information about each employee. Examples of the type of detail includes; when the migrant's visa is due to expires, a copy of their passport and details or working hours.
A nominated person within your organisation will be given access to on online portal which is used to keep the Home Office updated and to request the right to offer a position to a migrant. You or a nominated person will use the online portal to request a Certificate of Sponsorship ('COS'), which is a unique reference used to apply for the right to work.
If the candidate that you have decided to recruit holds a Tier 2, Tier 4 or Tier 1 visa, they may be able to apply from inside the UK for their visa to work with you. Requesting a COS in this situation is quicker than if requesting for candidates that have to leave to make an application. The Home Office may request evidence regarding the advertising process following a COS request.
If your candidate is based outside of the UK or does not hold a visa that allows them to apply from inside the UK, they will need to apply in their country of residence or nationality. COS request's made outside of the UK are decided by a panel of the Home Office. The panel make decisions from the 5th of each month. This may be important to the timeline of when you can employ a migrant. You will need to wait until the 5th of each month before a COS will be considered. The decision to issue a COS can take a further 10 working days from the 5th and the Home Office may ask for evidence before making a decision.
A Tier 2 General visa can be issued from as little as 1 year to a total of 6 years and leads to the right of permanent residence known as ILR. When request a COS, you nominated how many years you want the COS to be valid for.
The team at Reiss Edwards consists of some of London's leading sponsor licence lawyers. If you require expert legal advice on obtaining a sponsor licence or recruiting a Non-EEA national please call us on 020 3744 2797.
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Tier 1 Investor Visa - Business Immigration
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.
Indefinite Leave to remain - UK Settlement and Naturalisation
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.
Citizenship Application - UK Naturalisation
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.
Spouse Visa - Appeals and visa refusals
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.
Immigration Visa - Citizen of United Kingdom
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.
UK Settlement Visa
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.
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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.
Top Notch Immigration Service
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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.
Indefinte Leave to remain - Individual Immigration - UK Settlement visa
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.
Tier 2 Visa application - UK Work Visas
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.
Tier 1 Investor Visa - Business Immigration
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.