Background
We were instructed to prepare for a Skilled Worker visa application for a migrant worker who was based in the UAE.
The applicant received an offer of employment for the position of Sales Consultant from a family member in the UK and requires assistance on the Certificate of Sponsorship (CoS) and his visa application. The applicant had previously studied in the UK and applied for both leave to remain and entry clearance under the former Tier 2 route based on his sponsorship from the same company. The applications were both refused because insufficient points were scored under the Points-Based System and his appeal was dismissed by the immigration tribunal.
As we are aware, in a Skilled Worker application, the Home Office must be satisfied that the position available is a genuine vacancy and they must not have reason to believe that the position is a sham or created to facilitate the applicant’s entry clearance or permission to stay in the UK. We were cautious with this application due to the applicant’s immigration history and his relationship with the company director and advised that additional evidence must be submitted to demonstrate the genuineness of the vacancy to succeed.
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How AY & J helped the Applicant Obtain his visa?
Under the Home Office guidance for Skilled Worker, a company is permitted to sponsor a person who is related to another person within the company. However, they must ensure the Level 1 User assigning the CoS is not related to the migrant worker as this is a ground for Sponsor licence revocation.
Having ensured that the company has a second Level 1 User who is not related to the migrant worker, we proceeded to request for a Defined CoS and began preparing for the visa application. The standard processing time for a Defined CoS is 1 working day, however, this may be delayed if the Home Office requires additional information to assess the request. On the next working day, the Level1 User received a request for additional documents related to the position available, including details of the proposed migrant, how he was identified, a full job description and a proposed contract of employment for the role.
As the migrant worker had previously worked for the company while he was a student in the UK, it was easy to explain how he was identified. We also submitted a copy of the migrant’s CV to demonstrate he has since gained more experience in retail industry and meets all the requirement for this position. Of course, we also had to declare his relationship with the Authorising Officer to the Home Office for full disclosure.
The Home Office was satisfied with the documents provided and granted a Defined CoS to the licence within a few days of the submission of the additional information. We then proceeded to submit the migrant’s visa application from the UAE.
We prepared a legal representation with the application to detail how all the requirements under Appendix Skilled Worker are met and addressed the applicant’s previous refusals in the UK.
Result:
The application was submitted with the standard service as priority service is still suspended in some countries. However, we received confirmation of the grant of the visa within 1 week of the migrant’s biometric appointment in Abu Dabhi and the migrant is now ready to travel to the UK.
