Sponsoring Tier 2 workers can help you fill important skill gaps in your organisation while contributing to a diverse workforce. To successfully sponsor skilled workers from overseas, it’s crucial to understand both the application process and the requirements set by the Home Office. Without a proper grasp of these elements, you could face delays or even refusals in your sponsorship efforts.
Navigating the UK’s points-based immigration system may seem complex, but it becomes manageable when you know the key steps. You need to register as a sponsor and ensure that your business meets the necessary criteria. Maintaining accurate records and demonstrating that a UK resident cannot do the job are fundamental parts of the process that you cannot overlook.
By following these tips and staying informed about the latest regulations, you can streamline your application and improve your chances of successfully bringing in skilled workers. Your ability to attract talent from abroad can significantly enhance your business’s success.
Understanding Sponsor Licence Requirements
Before you can sponsor Tier 2 workers, you must meet specific requirements. This includes applying for a Sponsor Licence and ensuring you have the right personnel and systems in place to comply with UK immigration rules.
Obtaining a Sponsor Licence
To begin the sponsorship process, you must submit a Sponsor Licence Application online. The application requires you to provide detailed information about your organisation.
You’ll need to include:
- Supporting Documents: These must show your business’s legitimacy. Common documents include proof of business registration, your company’s financial records, and employee contracts.
- Application Fee: If you are a small business, the fee is £536. Medium and larger businesses have a fee of £1,476.
Once you submit your application, the UK Home Office will review it. If approved, you’ll receive a Sponsorship Licence that allows you to issue Certificates of Sponsorship to Tier 2 workers.
Key Personnel and HR Systems
You must designate key personnel responsible for managing your sponsorship duties. This typically includes:
- Authorising Officer: This person oversees the sponsorship process. They must be a senior member of your organisation.
- Key Contact: This individual deals with the Home Office for all communications.
- Level 1 User: This person manages your organisation’s sponsorship management system online.
Your HR systems should monitor sponsored employees effectively. Ensure you track their work hours and any changes in their employment status. This helps confirm you are a Genuine Organisation and maintains compliance with UK rules.
Compliance and Reporting Duties
Once you hold a Sponsor Licence, you have ongoing compliance responsibilities. This ensures you follow UK immigration laws.
You must report certain changes to the Home Office, such as:
- Changes in job roles or salaries of sponsored workers.
- If a sponsored worker does not report for work or leaves your employment.
Penalties for non-compliance can be severe, including losing your licence. Regular audits of your HR systems can help maintain compliance and readiness for any audits by the Home Office. Keeping detailed and accurate records is crucial for successful sponsorship.
Recruiting and Sponsoring Skilled Workers
Recruiting and sponsoring skilled workers is crucial for filling roles in your organisation. Understanding the requirements and processes, including job descriptions and the points-based immigration system, is essential for a successful application.
Creating the Job Description and Assigning Certificates of Sponsorship
Start by crafting a clear and detailed job description. It should outline the skills, experience, and qualifications necessary for the role. This helps attract suitable candidates and ensures compliance with immigration rules.
When you find a candidate, assign them a Certificate of Sponsorship (CoS). This document confirms your offer of employment and is crucial for their Skilled Worker Visa application. You need to clearly indicate the job title, salary, and work location on the CoS. Ensure that these details match the information in your job description to avoid application issues.
The Points-Based Immigration System and Tradeable Points
The UK uses a points-based immigration system for skilled workers. Each candidate must earn a minimum number of points based on specific criteria like skill level, salary, and English language proficiency.
Key criteria include:
- Job Offer: A job offer from a licensed sponsor is essential.
- Skill Level: Roles must meet the required skill level for points.
- Salary Threshold: A minimum salary threshold must be met.
Tradeable points can be used for credentials that add to the applicant’s score, like a job offer in a shortage occupation or a PhD in their field.
Shortage Occupation List and Salary Thresholds
The Shortage Occupation List identifies roles with a shortage of skilled workers in the UK. If you’re sponsoring a worker for a job on this list, the salary threshold may be lower.
For example, the general salary threshold is £26,200, but for shortage roles, it might be £20,480. This flexibility makes it easier for businesses to attract skilled migrant workers.
It’s also crucial to keep updated on any changes to immigration rules and salary thresholds to ensure compliance and avoid delays in the sponsorship process.
Meeting Sponsor Duties and Obligations
As a sponsor, you have several important duties and obligations to fulfil when sponsoring Tier 2 workers. These responsibilities ensure compliance with immigration rules and help maintain the integrity of the system.
Right to Work Checks and Maintenance Requirements
Before you can sponsor a worker, you must carry out thorough Right to Work checks. This involves confirming that the individual has the correct visa or work permit to take the job offered. You should check their identity documents and verify their eligibility through the Home Office.
Maintenance requirement is another crucial aspect. You need to show that the sponsored worker has enough personal funds to support themselves when they arrive in the UK. For example, a maintenance fund of £1,270 must be available unless the job offers a salary of £26,200 or more.
Education and English Language Requirements
You must ensure that the worker meets the necessary education and qualification standards relevant to their job. For skilled roles, appropriate qualifications are required. Verify that the qualifications are equivalent to the UK standards.
Additionally, you must confirm that the sponsored worker meets the English language requirement. This usually means obtaining a score of at least CEFR Level B1 in speaking and listening from an approved test. Ensure all certificates are valid and recognised by the Home Office.
Record-Keeping and Immigration Skills Charge
Record-keeping is vital as a sponsor. You must maintain accurate records of all sponsored workers, including their visa status, and keep copies of their documents. This includes Right to Work checks and qualifications. You should also have policies to address compliance issues quickly.
You are also responsible for paying the Immigration Skills Charge. This charge is applicable for each year of the worker’s visa, adding a cost of £1,000 per year for large employers and £364 for small employers. This charge supports the UK economy by funding training and skills development.
Understanding Visas and the Application Process
Knowing the visa types and the application steps is vital for successfully sponsoring Tier 2 workers. This section outlines the process and eligibility for workers coming from the UK and beyond, including specific considerations for EU, EEA, and Swiss citizens.
Tier 2 Work Visa and Application Steps
The Skilled Worker visa, which replaced the Tier 2 visa, allows employers to hire overseas workers for eligible jobs. Here are the key steps in the application process:
- Sponsorship Licence: You must first obtain a sponsorship licence from the UK Visas and Immigration (UKVI). Ensure your organisation meets the necessary criteria.
- Job Offer: Once licensed, offer the job to a suitable candidate. The position must be on the list of eligible occupations.
- Certificate of Sponsorship: You must issue a Certificate of Sponsorship (CoS) to the worker. This document includes details about the role and your organisation.
- Online Application: The worker then completes the online application for the Skilled Worker visa. They need to provide personal information, the CoS reference number, and proof of English language proficiency.
- Visa Fees and Health Surcharge: It is essential to pay the visa application fee and the immigration health surcharge, which provides access to the National Health Service (NHS).
Make sure you understand your sponsorship duties, including reporting changes involving your worker.
EU, EEA, and Swiss Citizens’ Eligibility Post-Brexit
Post-Brexit, the rules changed for EU, EEA, and Swiss citizens. Here are the main points regarding their status:
- EU, EEA, and Swiss citizens can still live and work in the UK if they have settled status or pre-settled status under the EU Settlement Scheme.
- Those without these statuses must apply for a Skilled Worker visa like any other overseas worker.
- Irish citizens are exempt from visa requirements and can work in the UK freely.
- Those wishing to work in the UK should be aware of the different paths, such as the Graduate Trainee or Temporary Worker programmes, which may fit their circumstances.
It is essential to keep updated on any changes to immigration policies that may affect eligibility.
Simplify Your Skilled Migrant Visa Application – At Buckingham Legal Associates, we provide expert guidance on skilled migrant visas, global business visas, and sponsored licenses. Contact us today for a smooth and successful immigration experience.