Vision Legal Services Limited

 WE MAKE IT SIMPLE FOR YOU

Select Language : English / 中文
实习


       Page Under Construction.

* Please contact us for initial assessment to determine your eligibility and to discuss the options available to you.

Tier 2 Sponsorship Licence Application


        If you are an employer in the UK you will require a Sponsorship Licence before you can employ a foreign migrant worker coming from outside the EU. A migrant a foreign migrant must have an employer known as a Sponsor in the UK before the migrant can apply for visa to work under a Tier 2 General Migrant scheme, previously known as work permit.
       Having a sponsorship licence gives an organisation the added advantage and flexibility to recruit suitable overseas workers due to difficulties in recruiting skilled workers from the resident labour workforce at any given time.
       At times, the shortage in the supply chain of skilled staff in the resident workforce leads to stress and financially losses to business. For these reasons many employers have opted for the benefits of acquiring a sponsorship licence, ready to meet such immediate or future shortages, however, the process of applying for sponsorship licence can be challenging and daunting leading to costly mistakes from a Sponsorship licence application being refused or rejected by the Home Office Sponsorship licence Unit.
       Vision Legal Services is here to help employers apply for a Sponsorship licence. Please call us now on 02034054991.

➢   The Sponsorship Licence process

        To be eligible for a Tier 2 Sponsorship licence an employer will need to demonstrate that:
          • the Sponsor is running a legitimate business which is operating within the law of the United Kingdom and;
          • there are no reasons to believe that you the employer is a threat to immigration control in the UK and ;
          • the organisation is committed to fulfilling its sponsorship licence requirements.


➢   Certificate of Sponsorship

        Once an employer has been approved a sponsorship licence and been granted Certificate of Sponsorship also known as CoS. The employer will need to assign the CoS to the Tier 2 applicant before the Tier 2 applicant can apply for a visa. The CoS is a virtual document, which when assigned provides the Tier 2 applicant with a unique reference number used to complete the visa application form.
       There are two types of CoS that can be issued by the Home Office either a ‘restricted CoS’, which will be assigned to Tier 2 applicant situated outside the UK, or an ‘unrestricted CoS’ issued where the Tier 2 applicant is applying for switching a visa within the UK.
       An employer should know the difference between the two types of CoS, because assigning an incorrect certificate to an applicant can lead to a revocation of a sponsorship licence.

➢   Resident Labour Market Test

        Before the employer is issued a CoS an employer is required to undertake the Resident Labour Market Test as part of the recruitment requirement for a Tier 2 visa application.
       To do this, an employer has to offer the job to a suitable candidate from within the UK resident workforce, where the employer will need to advertise the job for a period of at least 28 consecutive days before the job can be offered to an overseas applicant if a suitable resident worker is not found. The job must be a job at a skilled level and paid at the appropriate going salary rate.
       In some case employers are exempt from meeting the resident labour market test requirement when a job is paid at £155,300 or above, or the job falls under the shortage of occupation list.

➢   The Sponsor’s duties

        An employer when approved a sponsorship licence has the obligation of reporting and record keeping duties and must inform the UKVI of any changes such as if:
          • The Tier 2 migrant employee does not turn up for their first day of work.
          • The Tier 2 migrant employee is absent from work for more than 10 consecutive working days without your permission.
          • The Tier 2 migrant employee has resigned or been dismissed.
          • The Sponsor cannot any longer pay the Tier 2 migrant employee at the appropriate salary or if the position in which the worker was sponsored ceases to be available.
          • Tier 2 migrant employee is suspected of engaging in terrorism or other criminal activity.
          • There are changes to the organisation and the conditions of the Tier 2 worker’s employment such as place of work, ownership of business, personnel managing the Sponsor Management Systems (SMS), and business name of the organization. Revocation of a Tier 2 Sponsorship Licence A Sponsorship licence may be withdrawn in some cases where:
          • The business ceases to trade as a business.
          • The business is no longer accredited or registered with the appropriate body.
          • The Sponsor is found to be an un-discharged bankrupt, or legally prohibited from becoming a Company Director.
          • The Sponsor provides forged, false documentation or information to the UKVI.
          • The sponsor has inadequate facilities to cope with the increased number of employees and no evidence was provided regarding any expansions, and more.

        In the Supreme Court case of R (on the application of New London College Ltd) v Secretary of State for the Home Department [2013]. The court provided further guidance on how the Sponsor should follow sponsorship licence duties and clarification on how an employer can avoid revocation of the sponsorship licence by record keeping and compliance duties.

➢  How long is a sponsorship licence approved?

        A sponsorship licence is valid for four years. You can apply to have it renewed even under a premium services, the UKVI fee for premium services is currently £8000, and provided you continue to meet the duties and obligations of the sponsorship licence requirements you will be granted an extension where you can continue to employ migrant workers.

➢   Cost of Tier 2 License Application

        To apply for Sponsorship licence the UKVI’s Sponsorship licence application fee, which is paid online £536 for small organisation and is £1,476 for an organisation employing over 30 employees.

➢   Certificate of Sponsorship

        A Certificate of Sponsorship currently costs £199, which should be assigned to a Tier 2 migrant worker before the migrant worker can apply for a visa.

➢   Penalty Notice for employing illegal workers

        The Immigration, Asylum and Nationality Act 2006 (IANA 2006) gives the Home Office the power to issue penalty notices up to the sum of £20,000 per illegal immigrant and a possibility of receiving a custodial sentence for employers who employ illegal workers. The Home Office have the powers to publish details of employers who also employ illegal workers.
       An employer has the duty to ensure that all non EEA workers have had their documents vetted in accordance with the requisite UKVI requirements.
       To be compliant the employers should undertake three step to ascertain whether the prospective employees have the right to work in the UK:
          • obtain specific documents which establish the individual’s right to work;
          • check the validity of those documents; and
          • copy the appropriate documentation.


➢  Vision Legal Services can help you with making a Tier 2 Sponsorship Licence application

        Vision Legal Services Ltd is a specialist immigration law firm regulated by the OISC. We have wealth of knowledge and experience in immigration law and practice and help companies to apply for Sponsorship Licence at the same time as applying for visas for workers.
       We are dedicated in providing you the best professional immigration services to help you with a Tier 2 Sponsorship Licence application.
          • We will provide you with a consultation to ascertain whether you are able to meet the visa requirement
          • We will handle your case with a sympathetic and understanding approach
          • We will advise you on the strength and weakness of the application
          • We will advise you on the relevant requirements, relevant laws and procedures
          • We will assist you with the preparation of the application, the collation of supporting documentation and your drafting of your application to submit to Home Office


* Please contact us for initial assessment to determine your eligibility and to discuss the options available to you. Top
Tier 2 Sponsorship Licence Audit & Compliance


        Vision Legal Services offers a first class professional consultation services for monitoring and compliance to employers who have a Sponsor Licence to help meet audit compliance requirements and to ensure organisations have appropriate HR systems is in place for continued peaceful enjoyment of a Sponsor Licence.
        Our Audit & Compliance Service Includes:
          • Advisory and monitoring services on organisation compliance audit for use of sponsorship licence.
          • Briefing, inspection and advising on duties and responsibilities for compliance.
          • Compliance audit health checks and preparation for Home Office visits.
          • Advising on prevention of illegal working checks and advice on civil penalties.
          • Advice on issuing certificates of sponsorship (CoS) through the sponsor management system.
          • Advisory services for appropriate HR system required to meet Sponsorship licence requirement.
          • Advising on ‘genuineness’ test and assessing applicants satisfy the points criteria before the sponsor issues a certificate of sponsorship.

        Vision Legal Services is here to help employers with Tier 2 Sponsorship licence monitoring and compliance. Please call us now on 02034054991.

➢   Sponsorship Licence Audit & Compliance Requirements

        To retain your Sponsorship Licence as a Tier 2 Sponsor license holder you are required to uphold your sponsorship licence duties and obligations to ensure that you keep and record relevant information and documentation relating to your Tier 2 migrant employees and the organisation backed up with an appropriate HR system to monitor changes affecting you as a sponsor licence holder under the online Sponsorship Management System commonly referred to as (SMS). Such records are also important to hold for Home Office compliance visits to your organisation.

➢   Record Keeping

        Record keeping involves you keeping all necessary information and documents provided as part of your sponsor licence application including ongoing records affecting the organisation and employees’ details to meet the Sponsor Licence requirements.
       You must have HR systems in place that let you to monitor employee and inform UKVI within 10 working days any significant changes affecting your Tier 2 employee’s employment status under the Sponsor Management System (SMS) such as:
          • If the sponsored migrant does start work on the first day of work, dismissed, ceased working non attendance for 10 consecutive days, non compliance or disappearance and give reasons and last known person contact details of the migrant
          • If there is a Change of employment’ a change of salary from the level stated on the CoS, other than changes due to annual increments or bonuses
          • a change of salary due to maternity, paternity shared parental or adoption leave, or a period of long term sick leave lasting one month or longer
          • if the location they are employed at changes - this includes where a sports player moves on loan
          • if a sponsored migrant’s employment is affected by TUPE or similar provision being triggered, this could be if you are involved in a merger or demerger
       You must within 20 working days report any significant changes which have occurred in your organisation using the Sponsor within 20 working under the Sponsor Management System (SMS) some reporting duties such as:
          • you must report if you sell all or part of your business, cease trading, go into administration, substantially change the nature of your business affecting the business

➢   Compliance

        You have duties as Sponsor to ensure that all non EEA workers have had their documents checked in accordance to UKVI requirements otherwise your Sponsor licence will be revoked. Y
       ou should undertake three steps to ascertain whether the prospective employees have the right to work in the UK:
          • obtain specific documents which establish the individual’s right to work;
          • check the validity of those documents; and
          • copy the appropriate documentation.

       As a License Tier 2 Sponsor you will need to ensure the following:
          • That you only assign CoS under the sponsor License to Tier 2 migrants who meet the relevant UKVI criteria;
          • Ensure that your recruitment practice is in compliance with the UKVI policy guidelines and immigration rules;
          • You employ migrants, who are appropriately qualified, registered or experienced to do the job;
          • keep a copy of any registration document, certificate or reference that confirm they meet the requirements of the specific job;
          • not employ migrants where who are not experienced or permitted to do the job;
          • not assign a CoS where there is no genuine vacancy or role which meets the Tier 2 requirements;
          • assign CoS to migrant you genuinely believe will follow the requirement of conditions;
          • assign a CoS to skilled person and only allow the migrant to undertake the specific role set out in their CoS ;
          • disclose to UKVI if you or anyone else have assigned a CoS to a family member;
          • only employ migrants on the shortage occupation list if you qualify to sponsor the migrants, where there are restrictions on who can sponsor them;
          • comply with UK employment law, for example National Minimum Wage and paid holiday entitlement;
          • hold suitable planning permission or Local Planning Authority consent to run your type/class of business at your trading address (where this is a Local Authority requirement);
          • if you are a food business, be registered with or approved by the relevant food authority
          • if you are employing a migrant who is working for you on a Work Permit, you must comply with all associated conditions, for example you must pay them at or above the rate of pay shown on the Work Permit;
          • only assign a CoS to a migrant if you are satisfied that they intend and are able to fill the role
          • where applicable, only assign a CoS for a role which is at or above the minimum skill level as set out in this guidance;
          • only employ a migrant who has had a Disclosure and Barring Service (DBS) check, where this is a requirement for the role;

➢   Revocation of the Sponsorship License

        In certain instances a sponsor licence may be revoked where for example:
          • You provide false information on your sponsor licence application, or in support of your sponsor licence application, and had you given the correct information we would have refused your application
          • Stop trading, sell your business, go into liquidation and are bankrupt
          • You stop being accredited or registered with any body
          • Issued with civil penalty as listed with the Home Office
          • Employ illegal workers
          • If you are convicted of a relevant offence under immigration law
          • You have knowingly provided a false statement or false information, or not provided information that you held when required to, to us (or the former Immigration and Nationality Directorate, Border and Immigration Agency or UK Border Agency) or any other Government Department, public body or local authority.
          • You have been B-rated and have not met any of the requirements of your action plan within the specified period
          • An SMS user that you have appointed, who is not a settled worker, assigns their own CoS or assigns a CoS to a family member or their partner
          • You give false information on an application for a Tier 2 or Tier 5 CoS.
          • You employ a migrant in a job that does not meet the skill level requirements as set out in this guidance
          • You assign a Tier 2 or Tier 5 CoS to a migrant and the salary stated on that CoS is different from the amount paid (including any allowances) to that migrant taking into account the salary stated on any sponsor note you have added to it
          • You use a Tier 2 or Tier 5 CoS to fill a vacancy other than the one specified on the CoS you assign for that role
          • You carried out a resident labour market test and the test you carried out did not meet the requirements set out in this guidance, including assigning the CoS within 6 months of the date the job was first advertised
          • You assign any Tier 2 or Tier 5 CoS to a migrant and misinform the Home Office that CoS that the job was exempt from the resident labour market test (as set out in this guidance) and it was not.
          • You do not hold, or you cease to hold appropriate planning permission or Local Planning Authority consent to operate your type/class of business at your trading address (where this is a Local Authority requirement)

➢   Downgrading to B-rating

       
       In certain circumstances an A rated licence may be downgraded to a B-rating if you fail to meet the sponsor duties. This stops you from issuing further CoS until you complete an action plan given by UKVI and upgraded to an A-rating. You will be able to issue certificate to existing workers to extend their stay.
       Should you fail to follow and improve or complete the action plan the second time your licence will be revoked.

➢   Penalty Notice for employing illegal workers

        The Immigration, Asylum and Nationality Act 2006 (IANA 2006) gives the Home Office the power to issue penalty notices up to the sum of £20,000 per illegal immigrant and a possibility of receiving a custodial sentence for employers who employ illegal workers. The Home Office have the powers to publish details of employers who also employ illegal workers.

➢  Vision Legal Services can help you with Sponsorship Licence Audit & Compliance Service

        Vision Legal Services Ltd is a specialist immigration law firm regulated by the OISC. We have wealth of knowledge and experience in immigration law and practice and help companies with their Sponsorship Licence Audit Compliance Service and at the same time advise you on applying for visas requirement for migrant workers.
       We are dedicated in providing you the best professional immigration services to help you with your Sponsorship Licence Audit Compliance.
          • We will provide you with a consultation to ascertain whether you are able to meet the visa requirement
          • We will handle your case with a sympathetic and understanding approach
          • We will advise you on the strength and weakness of the application
          • We will advise you on the relevant requirements, relevant laws and procedures
          • We will assist you with the preparation of the application, the collation of supporting documentation and your drafting of your application to submit to Home Office


* Please contact us for initial assessment to determine your eligibility and to discuss the options available to you.

Top