In the third and final part of our complete guide to recruiting talent from outside the EEA, we will be looking at the details of the recruiting process. The last two articles covered how to obtain a UK Tier 2 and Tier 5 Sponsor Licence and how to meet the stringent compliance obligations to maintain an A-rating. The final step in employing an overseas worker is recruitment. We will examine the following three key stages:
Each of these stages must be worked through, preferably with the assistance of an experienced immigration lawyer.
Just because you have a position available in your organisation, does not mean you can hire an international employee to fill it. To help manage the number of Certificates of Sponsorship issued, the government publishes an annual Tier 2 Shortage Occupation List. This list contains the skilled positions that the country cannot fill with local resource. If a job appears on the Tier 2 Shortage Occupation List, you can automatically issue a Certificate of Sponsorship to a non-EEA worker without having to conduct a Resident Labour Market Test.
If the position you wish to recruit a foreign employee for does not appear on the Tier 2 Shortage Occupation List, then you must conduct a Resident Market Labour Test to see if there is a local worker who has the skills and qualifications required to fulfil the position.
UK Visas and Immigration sets out the requirements for advertising a position in compliance with the Resident Market Labour Test. Instructing an experienced immigration solicitor to draft/check your advertisement is worth the investment. We see many cases of adverts being pulled because they do not meet the requirements laid down by UK Visas and Immigration.
The purpose of a Resident Market Labour Test is to confirm that you, as an employer, have tested the market to ensure the vacant position cannot be filled locally. It is also used to establish the position is skilled and that it meets the requirements to warrant a visa for an international recruit being issued.
Jobs that are not on the Tier 2 Shortage Occupation List must be advertised for a minimum of 28 days. If the salary is under £72,500, an advertisement must be placed with Job Centre Plus. The same advert can be used. However, there must be two advertisements live at one time, e.g. one online and one in the paper. If your company is a multi-national or has over 250 employees, you can place one of the advertisements on your organisation's external website.
The following are mandatory points which must be included on all adverts:
It is also imperative that you can provide evidence that the job was posted for the statutory period of 28 days.
Recruiting talent from overseas requires employers to pay an appropriate salary, which is defined by the government. From April 2017, an appropriate salary is £30,000. Anyone you recruit on a Ter 2 visa must earn this amount as a minimum. Nurses, radiographers, paramedics and secondary school teachers in maths, physics, chemistry, computer science and Mandarin will be exempt until July 2019. From April 2017, all employers must also pay £1,000 per year for every non-EEA national they recruit.
Applications for Certificates of Sponsorship (COS) are made through the Sponsorship Management System, which you will get access to on receiving your Sponsor Licence.
There are two types of COS - restricted and unrestricted.
The government only issues a certain number of restricted COS each month. You will need to apply for a restricted COS if the job you are recruiting for pays less than £159,600.
Unrestricted COS are used for in-country recruitment, for example, if you are extending the stay of an employee already working for you or the vacant position pays more than £159,600.
Applications are considered on the first working day after the 10th day of the month. This is called the 'allocation date'. If you apply after the 5th day of the month, then your application will be held until the next month's allocation date.
A COS is not a physical document, rather it is an electronic record with a reference number that your perspective employee can use when applying for their Tier 2 visa.
Although the process of obtaining and complying with a UK Sponsor Licence and applying for COS may seem long and arduous, with the right type of professional support and advice, the entire procedure is relatively straightforward.
The team at Reiss Edwards consists of some of London's leading immigration lawyers. If you require expert legal advice on obtaining a UK Tier 2 and 5 Sponsor Licence and or Certificates of Sponsorship, please call us on 020 3744 2797.
438 ReviewsREAD ALL REVIEWS
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.
Cheap Immigration Lawyers in London
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
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.
Best Immigration Solicitors
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.