How does an immigration law firm help with Tier 2 sponsor License?

Overview

A sponsor License is a permission granted by the Home Office to an employer (UK based organisation) to employ highly skilled workers from outside the European Economic Area (EEA) and Switzerland under Tier 2 Visa route. Employers are needed to make an application to UK Visas and Immigration (UKVI) to confirm their eligibility for the Tier 2 Sponsor License. They must provide all the essential documents to prove that the company has all the capabilities to meet ongoing compliance duties.

The application process requires employers to show that the organisation is genuine operating lawfully in the UK, having an effective HR and recruitment process, offering genuine employment that meets Tier 2 skill level, and appointed Key Personnel who are honest and reliable.

How to get a Sponsor License

The employer needs to make sure that the business is eligible to employ skilled Non-EEA graduates, followed by choosing the type of license depending upon the type of worker intending to sponsor. “Who will manage sponsorship” is another key consideration within the business. These points must be ascertained before applying for Sponsor License online.

Appointing Key Personnel

A sponsor license holder needs to appoint individuals within the organisation to carry out certain administrative functions-key-personnel.

Authorising Officer: a senior and competent person who will carry out the responsibilities for actions of staff and representatives who will use the Sponsorship Management System (SMS).

Key Contact: the main point of contact with UKVI.

Level 1 User: a person who will administer the license and ensure compliance as per the immigration rules.

Compiling your application & supporting documentation

The application consists of 4 parts encompassing business information, a proper justification for applying, supporting documents, and the nomination of key personnel. A business needs to provide information like location, the total number of organisation, and essential information regarding registration with HMRC. Once the information regarding the business is shared, the employer needs to declare the reason for applying for a sponsor license. The employer is also expected to indicate the number of Certificate of Sponsorships ( CoS’s ) needed for the rest of the year.

Note; The relevant documents must be submitted to the Home Office within five days of the initial application. Failure to submit any of the documents will result in the application being delayed or rejected.

Prepare for UKVI Inspection

The employer is subjected to a compliance visit from UK Visas and Immigration(UKVI). The main objective of Home Office Inspection is to ascertain whether the organisation has adequate HR systems in place in order to meet the requirements of the Sponsor license and to assess whether or not to grant the employer sponsor license.

Sponsor License Management

Application for a sponsor license is not the only hurdle in accessing the global talent market. If the employer is successful in application, the HR processes must support ongoing compliance with duties as a sponsor licence holder. Sponsor License holders must stay updated and compliant with everchanging UK immigration rules. A certain number of compliance duties require HR processes, policies, and procedures to meet the required standards in areas like up-to-date records of all foreign workers, tracking and recording employee attendance, and cooperating with the Home Office.

Failure to comply with licence compliance duties can result in downgrading in User rating. The licence is also subjected to get suspended- putting the jobs of existing migrants at stake.

Resident Labour Market

Resident Labor Market is nothing but a test expected to be undertaken by a prospective employer where the employer in question must ensure that the position has already been advertised for atleast 28 days in two advertising portals. This test ensures that the opportunity to apply for the role was already offered to British Citizens, settled migrants, and UK-based EEA residents.

This test recognizes that the prospective migrant is a suitably qualified candidate. However, this entails being supported by pieces of documentary evidence in order to establish the fact that the process has been genuine though.

Role of Immigration Law Firm

A qualified immigration solicitor provides advice and assistance in employer sponsor license. A Y & J Solicitors is an expert in all aspects of United Kingdom immigration. Unsure about the Tier 2 Sponsor License? A Y & J undertakes a full employer sponsor license application which includes conducting an initial assessment, preparing your sponsor license application, assisting in the collation of documents and evidence, carrying out a full immigration audit, and training staff as far as compliance duties and responsibilities are concerned. `