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Company D is an IT software company specialising in solutions for the banking sector.
While the company only had one employee (as a contracting vehicle for the Director), they had been developing a new data pricing service for use in over-the-counter derivative transactions.
To complete the development project, the company required a niche set of skills and sought to recruit a software specialist from the resident labour market. Unfortunately, finding a suitable settled worker proved unsuccessful therefore the company looked outside of the EEA. They eventually found a suitable applicant based in India who needed a Tier 2 (General) visa to work in the UK.
Company D was not licensed by the Home Office to sponsor non-EEA workers, and they knew very little about the process of obtaining a Sponsor Licence and the concomitant obligations/compliance.
In addition, we know from experience that Small IT companies applying for Type 2 visas from the Home Office are often subject to a Pre-Licence Audit, which can drastically slow down the application process and, in some cases, can lead to its refusal.
Under such circumstances, it is essential to prove the need for both the licence and the prospective employee in the clearest possible manner when applying for the visa.
From the outset, we advised company D on how best to present their case for the need for the Tier 2 licence.
Presenting the best possible case to the Home Office
From the outset, we advised company D on how best to present their case for the need for a Tier 2 licence. Due to the small size of the company, an HR system to accommodate the Home Office requirements was understandably not in place; which is why we assisted them in implementing one.
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Putting in place the necessary documents
We then advised Company D on the documents needed to assist the approval of the licence; including a detailed cover letter stating why such a licence is important for the business.
Furthermore, we ensured that there was no room for doubt in the minds of the Home Office with regards to the genuineness of the vacancy.
With our help and experience, Company D did not receive a Pre-Licence visit from the Home Office and, instead, received lightning-fast approval of their licence application.