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Tier 5 Temporary worker Visas /Working Holiday visa


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

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Tier 5 (Temporary Workers Government Authorised Exchange) Visa


        You can apply for a Tier 5 (Temporary Workers Government Authorised Exchange) (GAE) visa under the points based system to undertake professional training or work experience, directly relevant to your degree, under a government authorised scheme.
       The Tier 5 Temporary Workers Government Authorised Exchange) GAE scheme provides international graduate students the opportunity to come to the UK with a job offer for a specific purpose or temporary/short term employment to learn from work experience.

➢   What are the eligibility requirements for Tier 5 Temporary Workers Government Authorised Exchange) (GAE)?

        You need to score 40 points to be eligible for a visa under the points based system as follow: Certificate of Sponsorship issued by the Sponsor– 30 points
           • You must have a valid Certificate of Sponsorship (CoS) from an ‘overarching body’ listed on the Tier 5 list of Approved Government Authorised Exchange Schemes.
           • To qualify for a (CoS) the temporary job offer must not be filling a vacancy in the resident workforce; and the role must be skilled to NQF level 3 or above; and be relevant to the qualification obtained by the applicant.
           • The salary must meet UK national minimum wage requirements.

       Maintenance – 10 points
           • If you are applying inside or outside the UK, you must have £945 at the date of application and must have held this money for at least 90 days.


➢   Tier 5 (Temporary Workers Government Authorised Exchange) GAE visa Extension

           • You can stay in the UK for up to 12 or 24 months depending on the scheme you are applying for or the time given on your Certificate of Sponsorship plus 28 days, whichever is shorter.
           • You can enter the UK up to 14 days before the start date of your job.
           • You can switch into Tier 1 Exceptional Talent Visa.

       You can apply to extend your stay as a Tier 5 Temporary Workers GAE or if you wish to undertake more than one consecutive placement, the amount of time spent in the UK on a Tier 5 visa must not exceed 2 years in total.

➢   Dependents

        Your spouse/civil partner and children can apply to join you. Dependants must hold necessary amount for living costs to meet maintenance requirement and this amount must be shown to be held for 90 days.

➢   Additional Information

           • You must apply within 3 months of receiving your Certificate of Sponsorship (CoS). You can enter the UK up to 14 days before the start date of your job.
           • You must currently hold a student visa (if applying inside the UK) or you may have to apply from outside the UK (depending on which scheme you are applying to join). You must have completed and been awarded your UK degree.
           • The training or work experience you are applying to undertake must be directly relevant to your UK degree.
           • If you are a PhD student you must have completed at least 12 months of your course.
           • If your studies are sponsored by a government or scholarship agency, or have been sponsored in the last 12 months by a government or scholarship agency, you must have written consent from your financial sponsor that you are able to make the Tier 5 application.

➢   Switching from inside the UK

        You should apply outside the UK to come to the UK as a Tier 5 Temporary Worker GAE. Students who hold a Tier 4 visa can switch into Tier 5 Temporary Worker (GAE) but only if they are undertaking work experience or an internship.

➢  Vision Legal Services can help you with a Tier 5 Government Authorised Exchange (GAE) visa

        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. We are dedicated in providing you the best professional immigration services to help your Tier 5 Temporary Worker GAE visa requirements.
           • 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 drafting representations to submit to the UKVI on your behalf
           • We will keep you informed on the progress and outcome of the case


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

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Tier 5 Creative & Sporting Worker visa


        You can apply for a Tier 5 (Temporary Workers) Creative and Sporting visa if you intend to come to the UK to work or perform as sportsperson or, entertainers or creative artists for a maximum period of 12 months.
       Tier 5 (Temporary Workers) Creative and Sporting visa is for those who are seeking employment on short engagements or contracts and is suitable for sports players, coaches, dance artists, artists in music, theatre, film or television.

➢   Sportspeople

        You can apply for a visa as a Tier 5 ‘Sportspeople’ if you are an internationally established at the highest level in their industry and your employment in the UK should also intend to make a ‘significant’ contribution to the development and operation of that particular sport in the UK.

➢   Creative Worker

        You can apply for a Tier 5 ‘Creative Worker’ if you are part of a dance, theatre, film or television worker or group. You will need to demonstrate that they are attending specific engagements in the UK and do not wish to base themselves in business in the UK

➢   What are the eligibility requirements for a Tier 5 (Temporary Workers) Creative and Sporting visa?

        You need to score 40 points to be eligible for a visa under the points based system as follow:
       Certificate of Sponsorship - 30 points
           • You must have a valid Certificate of Sponsorship issued by the Sponsor.
           • To qualify for a CoS the temporary job offer must not be filling a vacancy in the resident workforce.
           • The salary must meet UK national minimum wage requirements.

       Maintenance requirement - 10 points
           • If you are applying inside or outside the UK you must have £945 at the date of application, and must have held this money for at least 90 days.


➢   Tier 5 (Temporary Workers) Creative and Sporting Visa Extension

        You can apply to extend your stay as a 5 (Temporary Workers) Creative and Sporting visa for a maximum of 12 months at a time up to a total of 24 months you remain with the same sponsor.

➢   Dependents

        Your spouse/civil partner and children can apply to join you. Dependants must hold necessary amount for living costs to meet maintenance requirement and this amount must be shown to be held for 90 days.

➢   Switching from inside the UK

        If you came to the UK as a sports or entertainer visitors, or visitors (excluding visitors for permitted paid engagements, marriage or civil partnerships or transit) who entered the UK undertaking permitted activities in the sports or creative sectors on or after 24 April 2015, you will be allowed to switch into the Tier 5 (Temporary Worker) Creative and Sporting sub- category, if you have a valid Certificate of Sponsorship that was assigned to you before you came to the United Kingdom.

➢   Vision Legal Services can help you with a Tier 5 (Temporary Workers) Creative and Sporting visa

        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. We are dedicated in providing you the best professional immigration services to help your Tier 5 (Temporary Workers) Creative and sporting visa requirements.
           • 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 drafting representations to submit to the UKVI on your behalf
           • We will keep you informed on the progress and outcome of the case


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

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Tier 5 (Temporary Workers) Charity Workers Visa


        You can apply for a Tier 5 (Temporary Workers) Charity Worker visa if you intend to come to do voluntary work and not paid work for a charity a maximum period of 12 months. “Voluntary fieldwork” means work that is offered at a waged or salaried rate and which contributes directly to the achievement or advancement of the sponsor’s charitable purpose.

➢   What are the eligibility requirements?

        You need to score 40 points to be eligible for a visa under the points based system as follow:
       Certificate of Sponsorship - 30 points
       You must have a valid Certificate of Sponsorship issued by the Sponsor– 30 points issued by the Sponsor to undertake unpaid voluntary fieldwork which contributes directly to the achievement or advancement of the sponsor’s charitable purpose in the UK.
           • To qualify for a CoS the temporary job offer must not be filling a vacancy in the resident workforce.

       Maintenance requirement - 10 points
           • If you are applying inside or outside the UK, you must have £945 at the date of application, and must have held this money for at least 90 days.


➢   Tier 5 (Temporary Workers) Charity Worker Visa Extension

        You can apply to extend your stay as a 5 (Temporary Workers) Charity worker to continue your work with the same Sponsor and for the purpose of the same employment for a further 12 months at a time up to a total of 24 months
       The Sponsor will need to confirm that you are will be continuing to undertake the charity work voluntary as the initial period of leave and which continues to directly relate to the purpose of their charity.
       The Sponsor will need to confirm you will not be paid (except reasonable expenses and will not be filling a permanent position.

➢   Vision Legal Services can help you with a Tier 5 (Temporary Workers) Charity Worker visa

        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. We are dedicated in providing you the best professional immigration services to help your Tier 5 (Temporary Workers) Charity Worker visa requirements.
           • 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 drafting representations to submit to the UKVI on your behalf
           • We will keep you informed on the progress and outcome of the case


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

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Tier 5 (Temporary Workers) Religious Worker Visa


        You can apply for a Tier 5 (Temporary Workers) Religious Worker visa to come to the UK under the points based system to perform preaching, pastoral and non pastoral work. Activities under this scheme may include preaching, performing religious rites, reading to congregations of faith, some pastoral work and non-pastoral duties.

➢  What are the eligibility requirements?

        You need to score 40 points to be eligible for a Tier 5 (Temporary Workers) Religious Worker visa under the points based system as follow:
       Certificate of Sponsorship issued with a Valid by the Sponsor– 30 points
           • You should be qualified in their role or for the job you wish to undertake in the UK.
           • You must intend to take employment for the sponsor only as a visiting religious worker or a religious worker in a non-pastoral role and will be required to work only at a specified location.
           • You must not be filling a vacancy in the resident workforce.
           • The salary must be paid to a similar wage being paid for the type of job you are doing

       Maintenance requirement - 10 points
       If you are applying inside or outside the UK, you must have £945 at the date of application, and must have held this money for at least 90 days.

➢   Tier 5 (Temporary Workers) Religious Worker visa Extension

        You can apply to extend your stay as a 5 (Temporary Workers) Religious Worker visa for a maximum of 12 months at a time for up to a total of 24 months if you remain with the same sponsor, the amount of time spent in the UK on a Tier 5 visa must not exceed 2 years in total.

➢  Dependents

        Your spouse/civil partner and children can apply to join you. Dependants must hold necessary amount for living costs to meet maintenance requirement and this amount must be shown to be held for 90 days.

➢   Vision Legal Services can help you with a Tier 5 (Temporary Workers) Religious Worker visa

        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. We are dedicated in providing you the best professional immigration services to help your Tier 5 (Temporary Workers) Religious Worker visa requirements.
           • 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 drafting representations to submit to the UKVI on your behalf
           • We will keep you informed on the progress and outcome of the case


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

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Tier 5 (Temporary Workers) International Agreement


        You can apply for a Tier 5 (Temporary Workers) International Agreement visa if you intend to come to provide a service in the UK on a contractual agreement which is covered under International Law.
       This includes the General Agreement on Trade in Services (GATS) or other international agreements, employees of overseas governments and international organisations as well as private servants in diplomatic households.

➢   Types of Agreement

       General Agreement on Trade in Services (GATS)
       The applicant will be required to work for a sponsor of a country that is a member of the World Trade Organisation (WHO) and have signed up to the agreement; or has a bilateral agreement with the UK or the EU; or is a member of the European Union. The applicant will need to be engaged in employment which satisfies the terms and conditions of the specified international agreement and finally, (where relevant) works for the employer that was awarded the contract or will provide services to the UK client.
       Employees of Overseas Governments and International Organisations
       The applicant will be required to be under a contract of employment with the overseas government or international organisation. The applicant cannot be employed in any other employment for its sponsor other than that specified in the certificate of sponsorship and should not intend to change to a different category of worker within the international agreements scheme subsequent to entering the UK.
       Private Servants in Diplomatic Households
       Private Servants in Diplomatic Households remains outside the new points based system.
       You should be 18 years of age or above to apply and have the intention to work full time as a domestic worker. You will need to be employed and serve as a private servant in the household of a staff member of a diplomatic/consular post; or an official employed by an international organisation. You can only work for their sponsor in this capacity.
       Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions.

➢  What are the eligibility requirements for a Tier 5 (Temporary Workers) Charity Worker visa?

        You will need to score a total of 40 points and satisfy the maintenance requirement with 10 points under this scheme as follow:
        Certificate of Sponsorship – 30 points
       To score points under this section, it is mandatory that applicants are in possession of a valid certificate of sponsorship issued by their sponsor.
       Maintenance (Funds) – 10 points
       To score points under this section, applicants will need to prove that that you have sufficient funding to support yourself for the duration of their stay in the UK.

➢  Vision Legal Services can help you with a Tier 5 (Temporary Workers) –Charity Worker visa

       
       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. We are dedicated in providing you the best professional immigration services to help your Tier 5 (Temporary Workers) Charity Worker visa requirements.
           • 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 drafting representations to submit to the UKVI on your behalf
           • We will keep you informed on the progress and outcome of the case


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

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Tier 5 (Youth Mobility) visa


       You can apply for the Tier 5 (Youth Mobility) visa under points based system if you previously have not been resident in the UK as Tier 5 migrant or on working holidaymaker visa.
       You will need to apply for entry clearance from your country of origin or from country outside the UK provided you have been residing there for 6 months.

➢  What are the Tier 5 (Youth Mobility) visa requirements?

        You will need to score 40 points to be eligible for a Tier 5 (Youth Mobility) visa.
       Participating Countries - 30 points
       You must be a National of a country participating in the Youth Mobility Scheme from the following:- Australia, Canada, Japan, Monaco, New Zealand, Hong Kong ,Republic of Korea Taiwan ; or a British Overseas Citizen, British Overseas Territories Citizen or a British National (Overseas).
       Age - 10 points
       You must be aged between 18-30
       Maintenance (Funds) – 10 points

        You will need to demonstrate that you have £1,890 as savings to support yourself.

➢   Dependants

        You will not be eligible to apply if you have children less than 18 years of age who are financially dependant on you.

➢   Tier 5 (Youth Mobility) Visa Extension

           • Tier 5 (YMS) is granted for 2 years which is the maximum period.
           • You will not be able to extend your stay on this visa or switch into any other visa under the points based system.
           • You cannot work as a professional sportsperson or a doctor in training.
           • You are entitled to study in the UK if this is privately funded and/or engage in voluntary work and au pair placements in the UK.


➢  Vision Legal Services can help you with a Tier 5 (Youth Mobility) visa

        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. We are dedicated in providing you the best professional immigration services to help your Tier 5 (Youth Mobility) visa requirements.
           • 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 drafting representations to submit to the UKVI on your behalf
           • We will keep you informed on the progress and outcome of the case


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

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Domestic Worker visa


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

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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.

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