uk immigration lawyers

Tier 5 Sponsor Licence

The Tier 5 visa route is for overseas (non-EEA) students, volunteers and apprentices looking to come into the UK on a traineeship or as a volunteer on the basis of the European Voluntary Service scheme. Importantly, companies looking to take on overseas workers on the Tier 5 immigration category must have duly obtained a sponsorship licence from the UKVI.

In order to be eligible for a sponsorship licence, the applying organisation must meet the following requirements.

  1. The organisation must be genuine and legally operating in the UK as a PLC, LTD, LLP or Sole Trader.
  2. The organisation must be UK based.
  3. Your organisation or personnel within the organisation must not present a threat to immigration control.
  4. You must have an adequate HR systems in place that allows you to carry out your obligations as a licensed sponsor efficiently on an ongoing basis.

It is important to note that having a sponsor licence does not mean that any employee you choose to sponsor with you licence will automatically obtain leave to remain in the UK. They will have to meet their own visa requirements in reference to their leave to remain and status. Sponsor licences are not connected to any employee, but issued to and for the company.

For in-country applications, the Certificate of Sponsorship (CoS) is usually granted (or otherwise) within the application, however, for out of country applications, you will need to apply for a restricted CoS separately. After a CoS has been assigned, the employee can then apply for the Tier 5 visa; which will be granted on its own rights (not withstanding a successful CoS)

Tier 5 sponsor licence Frequently asked questions (FAQ)

To qualify for Indefinite leave to remain. You must have lived in the country and on a work visa for at least 5 years. Unfortunately, the Tier 5 visa category you are currently on does not lead to Indefinite leave to remain. You will need to make an entry clearance as a Tier 2 General, Tier 1 Entrepreneur, or investor or any of the other business immigration routes. Let us have a chat so we can access your situation and advice on which visa category you qualify for that leads to settlement.

You will be able to withdraw your CoS. Please contact your adviser at Reiss Edwards to assist you with this application.

Unfortunately, you cannot extend a Tier 5 (temporary worker) past the initial 12 months period. The temporary visa route is strictly for a short stay with a maximum of 12 months. If however, the initial Tier 5 leave was for a period under 12 months, you may then consider having an extension of that initial leave. However, the leave that would granted will not exceed 12 months. If you are looking at recruiting your employee on the medium of long term, you may need to consider the Tier 2 General visa route.

Your employee or intern will not be able to work for any other employer apart from the one with whom they were issued a Certificate of Sponsorship. The Tier 5 visa strictly applies to both the organization and the intern in relation to the internship that was stated on the Certificate of Sponsorship (CoS) or any other related document. It will be illegal for the employee to undertake another employment at another company.

A major restriction is the fact the intern will not be able to do any other work for another company apart from the sponsoring company. They also cannot undertake to and set up a business in which they are the majority shareholder in the UK.

Some of our happy clients



530 Reviews



Copyright © 2020 Immigration Lawyers London