To be able to employ non-European workers, employers must be licensed by the UKVI to sponsor non-EEA workers. Companies therefore looking to take advantage of high skilled workers abroad would need to apply for a UK sponsors licence to be able to recruit overseas talents.
In some instances, employers or prospective employers will need to be licenced by UKVI prior to being able to sponsor in order to be able to employ non-EEA nationals. Companies looking to take advantage of highly skilled workers based outside the UK or in some instances from within the UK would need to go through a formal application process for them to be approved as a UK sponsor licence holder to enable them to recruit the most talented individuals for their business.
There are two types/categories of Sponsor Licence, a Tier 2 (Intra-company Transfer) Licence (“ICT”) and a Tier 2 (General) Licence. The difference between the two is essentially that an ICT Licence is to be utilised for the Transfer of existing workers (also known as “assignees”) from an overseas company affiliated or connected to a UK business (typically a parent and subsidiary company relationship). The Tier 2 (General) route is typically used where it is envisaged that the prospective migrant is being recruited on a permanent basis for the role. It is not uncommon for company can hold both categories of sponsor licence at the same time.
It is important that companies looking to apply for a sponsorship licence are genuine trading businesses that are operating legally in the United Kingdom. When applying for a sponsor Licence each company will also need to select its “Key Personnel”. These Key Personnel are named individuals who will be very important stakeholders in the licenced organisations relationship with UKVI and as such these key individuals must be not only be reliable, honest and dependable but ultimately responsible and compliance orientated individuals.
Businesses looking to apply for a sponsorship licence must also demonstrate that they know and understand their sponsorship duties and obligations and that that they are as fully capable of carrying them out. This will usually include ensuring that appropriate HR systems and procedures are in place within the organisation.
An online application would need to be completed and the company must provide supporting documents to evidence that it meets the requirements. Missing documents may result in an application being rejected or delayed and may result in additional costs being incurred.
Upon receiving the application as well as the evidentiary documents, the Home Office, in some instances may opt to undertake pre-authorisation compliance visit. UKVI compliance officers will assess your internal systems and procedures to determine whether or not to grant the sponsor licence.
If your sponsor licence application is refused, then this could have adverse implications to your business as your ability to recruit migrant workers would be hindered potentially for up to 6 months owing to the recently introduced “cooling off period”.
If you are thinking about applying for a Sponsor Licence please call our Business Immigration Team on 0203 744 2797.
Our Business Immigration lawyers can provide you with a full employer sponsor licence application package including the following;
Our immigration experts boast over 30 years combined experience and have over the years assisted both large corporations and SME’s in successfully applying for a sponsor licence. Our knowledge and expertise means that your application will be handled by some of the best immigration lawyers in London and our clients are sure to get the best possible immigration and sponsorship advice; affording them a stress free sponsor license application.
If an employer is looking to recruit an overseas worker, a non EEA UK graduate, or an existing sponsored worker (i.e. already employed by another business) then in the majority of cases any such employer would need to ensure that they hold a Tier 2 Sponsor Licence. Before the individual prospective candidate can start working for the employer there is specific defined process that each employer will need to undertake before they are issued with the Sponsor Licence.
Typically, the process will include the following:
In some instances, prior to applying for a Tier 2 Sponsor Licence, it may be that a prospective employer will need to undertake a Resident Labour Market Test. This primarily involves the employer in question ensuring that the role / position in question has been advertised for at least 28 days in two advertising platforms so as to afford UK based EEA residents, settled migrants and British Citizens an opportunity to apply for the role in question.
Provided that the prospective migrant worker is genuinely still the most suitably qualified candidate at the end of this particular recruitment process and this can be supported by documentary evidence then UKVI will usually be satisfied that the process has been a genuine one and that the role meets the “genuine” vacancy definition.
In some other instances it may not always be necessary for a Resident Labour Market Test to be conducted, this will usually be the case in the following circumstances:
Below is a snapshot of how a sponsor licence online application looks like.
Before applying for a Tier 2 Sponsor Licence, the company will need to select Key personnel. Key personnel include persons that will be managing the immigration relation functions within the organisation. There are certain immigration related roles that must be fulfilled by the personnel within the company.
Based on the structure of your business and your needs, it is up to you to decide on the number of level 1 users you have. As the authorising officer is responsible for actions of users of the SMS, it is advisable to keep the number of level 1 users to the minimum necessary for effective business operation.
Once you have identified the relevant “key Personnel” the next step is to formally complete the Online Tier 2 Sponsor Licence Application. Essentially this application consists of 4 parts covering Business Information, Justification for applying, Supporting documents and nomination of Key Personnel
Typically, the information required to be provided about the business such as location, industry total number of workers and information regarding registration with HMRC.
Once you have provided the information about the business in the next section you are then required to indicate the reason why you are applying for a Sponsor Licence (e.g. business expansion, specialist knowledge or new market penetration). You will also be expected to indicate how many Unrestricted CoS’s you will require for the remainder of the year. Here at Reiss Edwards our specialist Tier 2 immigration lawyers can advise you on how may Unrestricted CoS’s you will require once we have a better understanding of your business and your recruitment plans for the upcoming year.
The penultimate section in the Tier 2 sponsor licence application relates to the supporting documents that the company will be providing as part of the application. Some documents are mandatory depending on the nature of the business but generally the documents that a prospective sponsor is expected to provide are documents that they would already be in their possession in the ordinary course of their business such as:
Once you have selected the documents that you will be using to apply you need to make sure that those very same documents are to hand as you will need to physically post them to the Home Office Sponsor Licence Team within 5 days of you completing the online sponsor Licence application.
The final part of the application requires you to provide the contact details and information about the Key Personnel. One person can perform all three roles (Authorising Officer, Key Contact & Level 1 user), however, this is not always practical to appoint the same person to all 3 roles our business immigration lawyers can always advise you on the appropriateness of your selection based on your organisations individual set of circumstances.
Our team of London based Tier 2 sponsor licence lawyers can advise on all aspects of your Tier 2 sponsorship application process. We offer a free initial consultation / assessment over phone, please feel free to take advantage of this service.
Call us now on 020 3744 2797 or send us an email at firstname.lastname@example.org.
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
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
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.