A UK based organisation that wishes to employ a non EU overseas applicant in the UK on a Tier 2 visa must have a valid Tier 2 sponsorship licence. Overseas applicants who are nationals of Countries outside of the European Economic Area (includes the European Union) and Switzerland will usually need to apply for a tier 2 visa.
This guide is split into the following sections:
- Tier 2 visa applications
- Tier 2 Certificate of Sponsorship (CoS)
- Sponsorship duties
- Tier 2 sponsorship license site visits
In order to sponsor applicants, an employer will need to have registered with UK Visas and Immigration as a Licensed Sponsor. The Tier 2 Registration process can be quite difficult. The employer will need to submit an online application and provide a number of original documents to apply for Tier 2 Sponsorship. The Tier 2 Sponsor has to also accept a considerable number of responsibilities as a Tier 2 Sponsor. If the Tier 2 sponsorship application is successful the employer will have to keep good employment related records and notify the Home Office of changes relating to Tier 2 employees. workpermit.com can help with Tier 2 sponsorship licence applications and registration and compliance,
The Tier 2 sponsor will need to grant the applicant a Certificate of Sponsorship before they can apply for leave to enter the UK, or remain in the UK, under a Tier 2 visa. The Certificate of Sponsorship will act as an assurance that the applicant is able and willing to undertake the job in question. it is easier if the employer wishes to employ someone currently based in the UK who is able to switch to a tier 2 visa from within the UK. If the tier 2 visa applicants needs to apply for a visa from outside the UK then the employer will need to apply for a restricted certificate of sponsorship which is allocated on a quota system and is more difficult to obtain.
The Sponsor has a number of record keeping and reporting duties for the applicants that it sponsors.
1. Record Keeping Duties:
Copy of the applicant's passport.
UK immigration status document if not in the passport
Copy of Migrants Biometric Residence Card
Migrant's contact details
Copy of the Migrant's National Insurance Number
2. Reporting Duties:
The UK Border Agency must be informed of the following:
If a sponsored migrant does not turn up for his or her first day of work
If a sponsored migrant is absent from work for more than 10 working days, without the sponsor's reasonably granted permission
If a sponsored migrant's period of engagement is ended as a result of the migrant resigning or being dismissed
If any registration that the sponsored migrant needs to work in the UK (such as with a governing body) is ended
If the sponsor stops sponsoring the migrant for any other reason (eg if the migrant moves into another immigration route that does not require a sponsor)
If there are any significant changes in the migrant's circumstances (eg change of job or salary excluding annual pay rise)
If the Sponsor has any information which suggests that the migrant is breaching the conditions of his or her leave
If the Sponsor has any information which suggests that the migrant may be engaging in terrorism or other criminal activity (The Sponsor must also pass any such information to the Police).
UK Immigration under pressure from the Government to reduce immigration is taking a very aggressive stance in enforcing the requirements for a tier 2 sponsorship licence. Site visits by Home Official officials can occur before the Tier 2 sponsorship licence is granted and after it is granted as well. It is important to meet the compliance requirements and study the Tier 2 sponsorship licence guidance carefully.
Further information, help, and advice
Workpermit.com's team of specialists has thirty years of experience in immigration services, and have helped thousands of people to study and work in the UK. We work with clients under Section 84 of the 1999 immigration act or OISC Registered Advisers and can submit your UK Tier 2 Sponsorship LIcence Application and visa application to UK Visas and Immigration at the Home Office. who can submit your UK visa application to the Home Office to be dealt with on the same day.
For more information and advice on UK immigration law and UK visa applications please contact us on 0344 991 9222 or at email@example.com