Mr J is an Indian national who previously ran a successful engineering company in India which is still trading to date. Mr J was interested in expanding in the UK market and had obtained a Tier 1 Entrepreneur visa in order to set up his business in the UK. We were instructed to assist on his extension application which was submitted in November 2020.
At the same time, it had come to Mr J’s attention that the requirements for sponsored migrant were due to be relaxed in December 2020, making it easier for UK businesses to hire foreign workers. As an engineering company, the requires highly skilled and qualified individuals in order to succeed in the industry and it was anticipated that the UK would require a significant amount of foreign workforce post-Brexit. Mr J, therefore, sought advice on the requirements to obtain a sponsor licence and prepare his company for post-Brexit UK.
Mr J instructed us that he was recruiting for a highly experienced role to manage the operation of his business both on the technical and commercial aspects, and he was struggling to identify any suitable candidates within the UK.
According to the Immigration Rules, a licensed company must appoint a settled person as their Authorising Officer and Level 1 User in their sponsor licence application, with the exceptions of the nominated Authorising Officer being a Tier 1 Entrepreneur, Sole Representative of an Overseas Business, Tier 1 Graduate Entrepreneur, Tier 1 Exceptional Talent, Start Up migrant, Innovator, or Global Talent migrant.
As Mr J was the sole employee of the company at the time of application, he was nominated as the Authorising Officer and Level 1 User for the purposes of this application.
We also review the job description of the position Mr J was recruiting for and advised on the specific SOC Code and minimum salary requirements as per the figures at the time of application.
The application was submitted after the change of the Immigration Rules on the Skilled Worker route, and the company successfully demonstrated the need for a sponsor licence in their application due to the experience required for the field it operates in. Within 6 weeks, Mr J received confirmation that a sponsor licence has been granted and he is appointed as the Authorising Officer and Level 1 User for his company.
Mr J has since identified a suitable candidate for his company and we have recently submitted a Skilled Worker visa application for this individual to come to the UK.