Search for a company to find out if they have a sponsor license

1. Will the skilled migrant worker offer the same level of skill that somebody from the UK labour market can offer, at a lessor cost?
2. Do you have suitable business premises to accommodate the skilled worker and to host the UKVI, if they choose to conduct a compliance visit? Whilst the rules do not suggest a licensed sponsor must have a full-time office space, practically speaking, the UKVI are much less likely to approve a licence for a business without premises to operate from.
3. Does the expense of government and legal fees make the attraction of applying less attractive?
4. Are you able to properly provide HR documentation if asked to provide in a short space of time?
5. Have you satisfied yourself that the person you intend to offer a skilled role to has the skills and credentials they claim to have?
6. Are you registered for PAYE and do you have Employers liability insurance in place? If you do not, this is required to make an application.
7. Are you willing to make yourself available, should the UKVI decide to visit your offices with or without notice, to review your HR records and check that the migrant/s are performing the job role that they are expected to perform?

Steps to becoming a licensed sponsor and sponsoring a skilled worker

How can I apply for a Tier 2 Sponsor Licence?

You first need to register an online account, completing the UK Visas & Immigration (UKVI) Online Sponsor Application registration process. Once you have a registered account and are ready to submit your online application, make sure you have a debit or credit card to make payment for UKVI fees. You pay the fees at the point of submitting the application and are not expected to complete the form in one sitting.

Solicitors like Reiss Edwards are able to assist with the completion of your online form and advise on the documentation needed. Notwithstanding whether we have assisted you, the actual submission of your application will have to come from you directly, as the UK Visa and Immigration make clear that physical submission by your legal rep will result in the application being withdrawn and a refund being issued for the fees paid.

When your application has been submitted online, documents in support of the application need to be sent off for consideration. This must be done within 5 working days. UKVI expect to receive:

• The original signed submission sheet, not a certified copy, signed and dated by the authorising officer;
• Original or certified copies of mandatory documentation, there are various documents that can be submitted, further information on this has been provided in this article below.

It is easy to make an error when preparing an online application or sending off supporting documents if you do not know the process well. We regularly advise clients that have had adminstrative refusals that are avoidable. For example

• failure to sign the submission sheet when sending the documentation to UKVI;
• not sending the documentation within 5 working days;
• not providing all documentation needed for the application;
• not being prepared for a UKVI audit of your HR and record keeping systems.

If successful, your licence will be valid for 4 years and can be used for all skilled workers you intend to sponsor. At the point of submission, you will be able to select which categories of workers you want to have the capacity to sponsor. If you select more than just one category, documentation requirements will change differ. Considering the volume of rejected applications, you must ensure you are fully versed on what is required.

You may need to retain original documents for other purposes, or have had a bad experience sending original documents in the post. For this reason, the UKVI accept certified copies, as long as they are certified in the format below.

The person certifying the documents must be one of the following:

• The issuing authority
• A solicitor
• A practising barrister
• A chartered legal executive
• A notary
• A chartered accountant for certification of financial documents only

If the individual certifying the document meets one of the above, they must also not be:

• Living at the same address as you
• Employed directly or indirectly by you
• Related to you
• In a personal relationship with you

Certain documents may not be sent to UKVI as certified, so ensure you consult a solicitor to verify which documents must be sent as originals.

The Home Office have sponsor guidance notes which regularly change. The guidance for sponsors and documentation required is broken down into 4 tables in Appendix A of the rules. We provide some example documents that the UKVI will ask to review as well as when an organisation may be exempt from producing some of the documentation.

Table 1

Confirms that certain public bodies, government departments, local authorities and London Stock Exchange companies do not need to send all of the required documentation, as they UKVI can confirm most details without the need to send them directly.

Table 2

Lists mandatory documents that a start up with less than 18 months of trading must provide. It also applies to charities, franchises’, or a business subject to regulation, inspection or monitoring.

The documents listed under table 1 include:

1. Evidence that you have a current, corporate bank account with a bank registered with the Financial Conduct Authority.
2. A certificate of VAT registration (if applicable).
3. A letter from your business banking provider confirming the nature of the dealings that they have had with you.
4. Any documents from Table 4.
5. Franchise Agreement signed by both parties (if applicable).
6. If registered with a regulatory body or required for inspection/monitoring, the UKVI will conduct an online check of the same.

Table 3

Is a category specific table that applies to the subcategories of Tier 2 Sportsperson and Tier 5 Temporary worker Creative & Sporting.

The documents listed under table 1 include:

1. Copy of the endorsement from the governing body of your sport, which had been approved by UKVI.

You can apply for up to 12 months extending to a maximum of 24 months depending on the scheme you intend to apply under.

Table 4

Is other documents that can be provided, if you are unable to produce all suggested

The documents listed under table 1 include:

1. Employers liability insurance cover of at least £5 million from an authorized insurer (FCA provides a list).
2. Proof of self-employment registration with HM Revenue and Customs.
3. Current financial report or audited annual report.
4. Evidence of registration for PAYE and National Insurance.
5. Company Tax Return CT620, or complete CT600 tac return and CT603.

The simple answer to this question is yes, but there are restrictions:

The person certifying the documents must be one of the following:

• The second job must be on same SOC code; or
• on the shortage occupation list; and
• No more than 20 hours a week.

You must continue to in the role that you had been sponsored to fill if you want to work a second job. You may also be able to work as self-employed, applying the same caveats listed above. You do not need to make a formal application to the UKVI when taking a second job as long as the above criteria are satisfied.

When making an application for a Tier 2 visa you must confirm how long you want the COS to be assigned for. There are differing rules applied to those that hold a Tier 2 General visa vs a Tier 2 Intra Company Transfer visa. We have broken them down below:

Tier 2 General –

5 years and 14 days is the maximum duration a single COS can be assigned for, although most employers choose to issue for a lessor period to save costs. The maximum period of stay permitted on a Tier 2 general visa is 6 years, unless earning at or above £120,000.

This cap of 6 years is in combination of the initial application and extension period. If you do not qualify to apply for settlement once you hit the cap of 6 years, you will be expected to leave the UK and will be subjected to the cooling off period.

As a side not, it is advised that an employer should not request the maximum duration of 5 years and 14 days when making an initial application, as this is costly and there are no guarantees your chosen skilled worker will remain for the entire period. If the employee leaves at year 2, you would have saved £1000’s if you selected a shorted COS assignment period. For this reason, it is advised that a period of 3 years is the best compromise for the initial term. The extension term then needs to be for a further 2 years. This will bring the total period of leave to 5 years, which is what is required to qualify for Indefinite Leave to Remain (ILR).

Tier 2 Intra Company Transfer – There are subcategories of ICT visas which have differing time restrictions.

• Long term Staff – 5 years and 1 month. If you earn over £120,000 this increases to 9 years
• Graduate Trainee – 12 months is the maximum duration, without exception.

It is important to note that only a Tier 2 General migrant can apply for ILR and not a migrant that holds a Tier 2 Intra Company Transfer visa. Unfortunately, in April 2010 the UKVI removed the right for Tier 2 ICT migrants to apply for settlement

The Tier 2 cooling off period lasts for 12 months and prevents the skilled worker in question from making further Tier 2 applications for 12 months. Even if your skilled worker has not reached the 6-year cap, they may still be caught by the cooling off period. The following bullets illustrate who may be subjected to it:

• You have held a Tier 2 visa, which has expired in the last 12 months; or
• Have reached the 6-year cap and do not qualify to apply for ILR;

There are certain migrants exempt from the Tier 2 cooling off period:

• People that have valid Tier 2 leave and are extending their stay (as long as the extension will keep them below 6 years);
• Switching employers, referred to as a change of employment application;
• Will be a higher earner returning to the UK on at salary of £120,000 per annum or more;
• Had previously been on a COS that lasted for 3 months or less;
• Had previously remained in the UK with more than 1 COS, all of which had issued for 3 months or less.

The UKVI issue a limited number of COS’ each year and if this number is exceeded, they may not issue a COS even if you meet the traditional requirements. There are 20,700 that are available each year and if this number if close to being hit, the UKVI usually issue certificates to the higher earning roles.