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Tier 2 Sponsor Licence Application

 

The Tier 2 route enables UK employers to recruit workers from outside the EEA to fill a particular graduate level vacancy that cannot be filled by a British or EEA worker. A Sponsor Licence application will firstly be necessary for a UK based company to sponsor a worker under Tier 2.

This is often a complicated process as you will need to provide specific evidence to demonstrate that your company is trading and that you have a genuine vacancy which cannot be filled by a settled worker in the UK. In order to successfully apply for the licence, you will need to demonstrate that you have adequate HR measures in place to monitor and track migrant worker activity. The home office will take the following factors into consideration when assessing the merits of your application:

  • You must prove that you are a genuine organisation, for example: you are a corporation, limited-liability partnership, a sole trader or a limited company.
  • You must be operating legally in the UK, e.g. you must have the relevant accreditation, paying the relevant taxes and have the relevant insurance in place.
  • You must demonstrate that the key personnel named on the Tier 2 Sponsorship licence are honest, dependable and reliablee.g., by not having a history of Immigration violations.
  • Youmust demonstrate that you have sufficient knowledge ofthe Tier 2 Sponsorship Licence to adhere to the obligations imposed by the home office.
  • You must be able to nominate a member of staff to fulfil certain roles.

Once obtained, a Sponsor Licence is valid for 4 years and a company can expect a Home Office audit to ensure compliance within this period. In order to sponsor an individual under Tier 2 we will ensure that the role offered is suitably skilled to justify a Certificate of Sponsorship being awarded. In particular, the Home Office wish to see that the role is “graduate level or above”, the salary is over and above the minimum prescribed levels and that the individual has suitable qualifications/experience to carry out the role.

Once the company is granted a sponsor licence it must be renewed every 4 years. During this time the company must ensure that they keep updated all relevant details on the Home Office’s Sponsor Management System (SMS).

Our solicitors have substantial experience and broad knowledge of the complex rules regarding Tier 2 General and sponsor license applications and we are well placed to assist clients from the initial application to renewal process. Accordingly, please do not hesitate to get in touch for expert advice if you require any assistance or if you would like to apply.