A Y & J Solicitors Assist Expanding Risk Management Company to Secure their First Sponsor License

On June 11, 2019 | In Tier 2 Sponsor Licence | By A Y & J Solicitors

Obtaining a Sponsor Licence to employ skilled migrant workers can be a daunting task with numerous pitfalls.  It requires robust technical knowledge and an understanding of the Home Office requirements.  This is where experience in the industry is invaluable.

Our client, AGCL, is a consultancy firm specialising in the provision of financial risk management services to financial institutions, with clients including HSBC, Goldman Sachs, Barclays Bank Plc, Henderson Asset Management, Columbia Threadneedle Investments, Nomura and Standard Chartered (a British multinational banking and financial services company).  AGCL wanted to expand its offering beyond operational risk services into risk management training and technology auditing services.

They already had several project opportunities to offer integrated business and technology risk management services, but they urgently needed a Technology Auditor in order to deliver them.

Like all employers, they advertised for the position, but they only received three applications.  Given the skill level required, only one applicant was shortlisted for an interview.  As the shortlisted candidate was a skilled non-EU national, AGCL could not employ the candidate without a Tier 2 Sponsor License.

 How A Y & J Helped AGCL Secure a Sponsor Licence

Running the Resident Labour Market Test (RLMT) as a matter of priority

The first step was to run an RLMT to ensure AGCL met the strict compliance requirements set out in the Home Office policy guidance for Tier 2 and 5 Sponsor Licenses.

The first step was to run an RLMT to ensure AGCL met the strict compliance requirements set out in the Home Office policy guidance for Tier 2 and 5 Sponsor Licenses. The guidance is very specific about how a vacancy is advertised; this includes (but is not limited to) how and where the vacancy is published, the contents of the advert such as the company name, job role, job duties, skills & qualification required, closing date for applications and the salary range.

We know from experience that any company who omits even the smallest detail in the advert will be found not to have complied with the RLMT, and as such to be in breach of the required sponsorship duties.  This can lead to delay, or worse still, the rejection of their Tier 2 Sponsor License Application.

Compiling the evidence to ensure a robust case

Next, we provided AGCL with a bespoke document checklist.  Once the documents had been provided, these were scrutinised by our expert Lawyer who was then able to assist AGCL to pinpoint the key documents required for the Tier 2 Sponsor Licence Application.

One of our in-house Solicitors then certified these documents as true copies; this can be especially important if the documents you rely on are only available online.  It is worth noting that if the documents are not certified as true copies, the application may be rejected.

Ensuring Home Office compliance readiness

Our team then assisted AGCL to implement new HR processes and procedures to enable them to demonstrate compliance with the Home Office recordkeeping compliance requirements.  We provided bespoke templates for AGCL to set up their HR compliance in accordance with the requirement of Tier 2 and 5 Policy Guidance.  As part of this service, we then visited AGCL’s premises to verify the implementation of the policies and procedures, ensuring compliance with the stringent Home Office requirements.  Finally, we carried out a mock Home Office interview with the Authorising Officer.

AGCL Received Their Tier 2 Sponsor Licence

The process from beginning to end was intensive, however, all of the preparation and planning paid off.  AGCL received a planned Pre-License compliance visit by Home Office officials, and only two weeks later, the company was granted a Tier 2 Sponsor Licence allowing them to employ their much-needed Technology Auditor.

It should be noted that the Home Office does not always give notice of their Pre-Licence Compliance Visits, which is why is it vital that all the planning is done before you apply for a licence.  Failure to have all requirements in place prior to a visit is essential and will result in rejection.  In this particular scenario, had AGCL not sought our assistance, they would not only have failed to get the Licence, but they also would not have been able to employ the Technology Auditor, costing them a lot of lucrative business.

Recruiting non-EU skilled staff via Tier 2 routes is complex and requires appropriate technical guidance and support, this is why it is essential to hire an expert such as A Y & J Solicitors.  After all, you wouldn’t employ the services of a plumber to fix your oven and expect it to pass an electrical safety test, would you?

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