Tier 2 General
If you are an employer interested in employing someone who is subject to immigration control you may have to get a Tier 2 Work Permit for them.
Under the new points-based system, non-EEA migrants may require a UK sponsor employer before they can apply to work in the UK. Non-EEA nationals staying in the UK longer than six months also require a biometric identity card.
All sponsors of non-EEA workers, students and even ministers of religion, sportspeople or entertainers have to be licensed as sponsors if they wish to bring a person to the UK to work for them.
The Border and Immigration Agency is responsible for the issuing of sponsorship licences, monitoring sponsors and monitoring and enforcing the UK immigration regulations.
Sponsorship procedure:
1. A prospective sponsor will apply to the Border and Immigration Agency to obtain a licence;
2. If successfully licensed, a sponsor can apply for a number of certificates of sponsorship for the candidates they intend to sponsor;
3. A prospective employee will be eligible to apply for UK entry clearance once he/she obtains a certificate of sponsorship;
4. The sponsor will take responsibility for his employee during the whole period of stay in the UK to ensure that they conform to the immigration regulations.
Our specialists will be able to provisionally assess whether your company or organisation might successfully qualify as a sponsor.
A certificate of sponsorship issued by an employer to a prospective employee does not by itself allow the prospective employee to take up the job. Once issued, the employee must then either apply for a visa (if they are overseas) or, if in the UK, apply to have their immigration status changed - known as "switching" – to Tier 2 status. In many cases,"switching" is not permitted, so it is vital that you know the rules about this before embarking on the application process.
In general terms, Tier 2 leave is only available for jobs requiring high levels of experience and skills. For example, somebody working as a qualified engineer or accountant might qualify whereas somebody doing bar work or low-level clerical work would not. Skilled tradesmen would not normally qualify for a work permit either.
An employer applying for a sponsor licence may be required to satisfy the "resident labour" test. This means that they must have advertised the vacancy, and they must show that no suitable British or European candidate applied for the job. Not all employers need to advertise the vacancy though; the advertising rule is not applied when an employee is being transferred within a multi-national organisation. And if the job is within a “shortage occupation” there is no need for the resident labour test. There are also some other categories where it is not necessary.
Want to know more, or have your eligibility checked? Please complete our contact form.
