Tier 2 Sponsor Licence Guidance
Tier 2 Sponsor Licence system was introduced by the UK Visa and Immigration (UKVI) in 2008. To recruit skilled labour from outside the single market, companies must have a valid Tier 2 or 5 Sponsor Licence. Employers and HR directors must accept that sponsor licences come with strict compliance obligations, which if not met, can result in huge fines and even prison sentences.
For many sectors, such as agriculture, tech, hospitality and finance, the ability to recruit talent from outside the EEA is imperative to meeting customer demands, launching innovation projects and growing their business. At times, Tier 2 Sponsor Licence is very much needed. Therefore, it is sensible to engage immigration experts who you can rely on to help manage your sponsor licence duties and responsibilities and keep you up to date with any changes to relevant regulations.
At A Y & J Solicitors, our lawyers can provide full support to your company, so you can remain compliant at all times. This takes away any unnecessary stress, should the Home Office decide to make an unannounced visit to your premises (which happens all too frequently).
What Are the Tier 2 Sponsor Licence UK Eligibility Requirements?
To apply for a Tier 2 Sponsor Licence your organisation must provide proof of the following:
- It is a legally operating business in the UK
- Key personnel have been appointed, and they are of good character and dependable
- Your HR systems can manage all sponsorship duties
- Your business is offering employment positions suitable for Tier 2 skill requirements, which are genuine positions and meet minimum salary guidelines
The key personnel that must be appointed are:
- Authorising officer – a senior and competent person who operate the Sponsor Licence Management System (SMS)
- Key contact – your main point of contact with UK Visas and Immigration (UKVI)
- Level 1 user – responsible for all day-to-day management of your licence using the SMS
One of our team can take over the role of Key contact and Level 1 user for you, ensuring you are always compliant and your SMS is up-to-date. This frees you and your staff up to concentrate on growing your business and meeting customer demands.
How Does My Company Apply for a Tier 2 Sponsor Licence?
To apply for a Tier 2 or 5 Sponsor Licence, you will need to fill in the online application form and send it to UKVI along with the required supporting documents. It is possible that you will receive a visit from Home Office immigration officials who will examine your HR systems to check your business can meet its compliance requirements. Our team can conduct a mock audit of your HR policies and procedures prior to you applying for your licence, identify any weaknesses and put in place an action plan to rectify them.
It is strongly recommended that a covering letter is sent with the application, which lists each document enclosed and clarifies any details or relevant background information, such as corporate structures.
What Documents Will I Need to Supply to Obtain a UK Tier 2 Sponsor Licence?
The required document list is extensive and will depend on whether you are a public body, start-up, franchise or SME. Examples of documents may include:
- If you are a food business, proof you are registered with and approved by a food authority
- Start-ups must provide evidence of their corporate bank account
- Proof you have employer’s liability insurance of at least £5 million from an authorised insurer
- Proof of listing on the London Stock Exchange
The Advantages of a Tier 2 Sponsor Licence
A Tier 2 Sponsor Licence allows you to employ non-EEA nationals. Once an organisation acquires a sponsor Licence, they become registered with the Home Office as a sponsor and can begin to issue Certificates of Sponsorship (CoS) to NON-EU skilled staff subject to meeting the requirements.
For many companies, being able to hire foreign talent is essential to the successful operation and growth of their business. At A Y & J Solicitors, we have extensive experience of helping companies acquire and maintain their Tier 2 Sponsor Licences.
What Can I Do If My Application for a UK Tier 2 Sponsor Licence is Refused?
In some cases, you cannot reapply for 6 months if your Sponsor Licence is refused. So, it is very important that you prepare strong application very first time. In refusal, if there has been a simple case working error or the supporting evidence has not been considered properly, our lawyers can apply for a ‘pre-licence error correction’ on your organisation’s behalf.
There is NO right of appeal if Tier 2 Sponsor Licence application is refused. Therefore, the only option is to challenge the decision via judicial review, should the ‘pre-licence error correction’ procedure brings no positive results. Our team can expertly advise and represent you in challenging a decision of sponsor licence refusal.
Our Tier 2 Sponsor Licence Services
A Y & J Solicitors is committed to helping Sponsor Licence applicants successfully apply for their Sponsor Licence and achieve long-standing compliance with all Home Office requirements. And despite the Home Office becoming increasingly strict about compliance, we continue to be successful in developing compliance procedure for Sponsor Licence holders.
Our service extends to all aspects of sponsorship, including:
- Tier 2 Sponsor Licence application
- Easy to understand explanations of all Home Office rules and regulations
- Verification and processing of all documentation requirements
- Complete Human Resources checks and audits in preparation for compliance
- Full support and guidance to help you in preparing for a Home Office inspection visit
The Sponsor Guidance states that if an application for a sponsor licence has been refused, in many cases the business will be prevented from reapplying for a period of six months.
Circumstances in which a cooling off period will apply include whereby the applicant organisation did not meet the requirements to be a sponsor in the category under which it applied, where it did not have the ability to comply with its sponsor duties, or where a person within the applicant organisation, falling into the definition of ‘you’ or ‘your’, has an unspent conviction for a criminal offence.
When you are issued with a Tier 2 Sponsor Licence, your organisation will receive an A-rating. This means it can issue CoS and meets all the compliance obligations. However, should you fail in your duties or responsibilities, or a visiting UKVI officer finds mistakes or holes in your record-keeping, your business may be downgraded to a B-rating. If this happens, you won’t be able to issue new certificates of sponsorship until you’ve made improvements and reverted to an A-rating.
Contact Us Today For Tier 2 Sponsor Licence
Brochure of Sponsor Licence Application
Tier 2 Sponsor Licence Guidance – How to Apply?
You should be able to demonstrate that you have a bona fide business actively trading in the United Kingdom; You should be able to explain, and evidence why do you require a Sponsor Licence. This is where most Applicants are failing to evidence the need of a Sponsor Licence; You should have conducted a Resident Labour Market Test (RLMT), meeting all the requirements as per the Appendix D; You should have a HR system in place that is compliant with the UKVI Rules and Regulations for the Sponsor Licence Holders; You must submit at least 4 mandatory documents with your Sponsor Licence Application. Failure to ensure that your application is incomplete or with missing documents will attract a refusal of your Sponsor Licence Application and six months cooling o period will be applied.
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Introduction of Sponsor Licence Application
We are a specialised UK immigration law firm.
This video covers ‘Introduction on Sponsor Licence Application’.
If you need Non-EU skilled employees to operate your business, you must apply for a Sponsor Licence. The Sponsor Licence program is part of the UK’s Points Based System that issues points to Non-EU applicants to determine if they will be permitted to work in the UK.
To qualify for a Sponsor Licence, you must be a genuine business or charity operating legally in the UK. The Home Office will look at the character of your company and the people you name on your application. You need to show that you can fulfill your Sponsor duties, and that the positions you need to fill cannot be filled from within the UK.
To begin your application, you must register with gov.uk and fill in the online application form. You will also need to post all required supporting documentation and information to the Home Office. You must be prepared for an onsite visit from a compliance officer, although this does not always occur. Approval for a Sponsor Licence is valid for 4 years.
If you require assistance in applying a strong Sponsor Licence Application, please contact us today. Our contact details are at the bottom of the video. We are happy to help. Thank you.
A Y & J Solicitors’ Review
Our Tier 2 Sponsor Licence application was successful in just 3 weeks. We received extremely professional and helpful service throughout our engagement. A Y & J Solicitors advised us correctly, and at the end, we achieved a great positive result. Many thanks again Yash/Sok Wei and Team for all your support. I would recommend A Y & J Solicitors very highly !!!
We at GNL has pleasure and privilege of having Yash Dubal , Senior Immigration Lawyer of A Y & J Solicitors at our office to discuss Sponsorship duties and have an open forums on multiple of questions we had on UKVI regulations on sponsoring and employing skilled migrant workers. We learnt great deal of critical aspects of Sponsorship responsibilities. We were able to clarify a long list of doubts/questions we had on regulations and sponsorship duties. Yash is very professional and he attended to every question we had regarding UKVI regulation with great detail and care. His attention to detail, focus, in-depth understanding of regulations and implications are without any parallels available in this industry. We feel privileged to have spent the day with him at our office and are looking forward to have future engagement with him. We recommend A Y & J Solicitors service to anyone who wish to sponsor skilled migrant workers in the UK.
A Y & J Solicitors has helped us great deal recently for us to retain our ‘A’ rating Tier 2 sponsor licence. They made all easy for us and we passed our audit with the Home office with flying colours. Being an IT company with Tier 2 Sponsor licence, we were blown away by the complex processes and policies to be implemented to be 100% compliant with the latest Home office’s requirement of Tier 2 sponsorship. It is hard to figure out as to what was enough and correct. It was very stressful to monitor Tier 2 migrants & specially the arrangement of the sponsored workers working at client site on ‘client contract’. A word of warning to other likewise companies, please do not take it easy. There is a lot for the Tier 2 compliance which you do not know that you really “do not know”. So in this case you need a specialist to make you understand first what you “do not know” then help you to fix that. If you are a company with a Tier 2 sponsor licence and want complete peace of mind maintaining your Tier 2 licence and retaining your NON-EU skilled staff then A Y & J Solicitors is the company to go to. They simply do not work as a consultant for me but they literally owned my problem. I cannot ask more than this. Thank you so much and my best wishes to A Y & J Solicitors. I have referred few of my acquaintances to A Y & J Solicitors for their ‘Tier 2 compliance audit’. We at NanoIT Solutions highly recommend A Y & J Solicitors, working with the team has been fantastic experience.