#Multiple Tier 2 Sponsorship Licence

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UK Sponsor Licence for Employers: Empower Your Organisation Now!

Table Of Contents:

What is a sponsor licence?

Eligibility requirements for UK sponsor licence

Required documents for UK sponsor licence application

UK Sponsor licence application fees

Applying for UK Sponsor licence

Benefits of holding a UK sponsor licence

What is a sponsor licence?

A sponsor licence, previously known as a Tier 2 sponsor licence, enables UK-based companies to employ skilled workers, to hire overseas employees or to enable a foreign national in the UK to switch into the Skilled Worker visa from various other visa types, including Tier 4 Student and Youth Mobility Scheme. Once approved, the licence is valid for four years and can be renewed.

Eligibility requirements for UK sponsor licence

To apply for a sponsor licence, your organisation must have a UK presence and operate lawfully in the country. If you have multiple UK branches, you may choose to apply for a single licence to cover all connected UK entities, or opt for separate licences based on your circumstances. Proof of registration with the appropriate body, as well as planning permission, may be required. The Home Office must be satisfied that you can provide genuine employment in a skilled occupation and pay the correct salary rate.

Required documents for UK sponsor licence application

Your Skilled Worker licence application typically involves submitting at least four specified mandatory documents, depending on your organisation's type, such as public bodies, startups, franchises, or SMEs.

Required documents may include-

Business bank statement

Employer's liability insurance

VAT registration certificate

Proof of HMRC employer registration, and

evidence of business premises ownership or lease.

Regulatory body registration evidence may also be necessary, especially for specific industries.

UK Sponsor licence application fees

The sponsor licence application fee varies according to your organisation's size and type. This fee is payable every four years when you renew your licence.

The Home Office reviews fees annually, and any changes are published. "Medium" and "large" organisations typically pay a fee of £1,476.

However, "small" organisations, including registered charities, pay a reduced fee of £536. Adding a subcategory to an existing 'Skilled Worker' sponsor licence incurs no extra fees.

Applying for UK sponsor licence

To apply for a sponsor licence, your company must complete an online application form, accompanied by at least four specified supporting documents demonstrating your UK trading presence.

Occasionally, the Home Office may request additional documents, such as evidence of your HR processes and compliance. Compliance visits may be conducted in person or online, considering COVID-19 restrictions.

Our team can conduct a mock HR audit to identify and rectify weaknesses before your formal application.

Know More: What is the Sponsor Licence Audit Process?

The advantages of having a UK sponsor licence

Once your organisation obtains a sponsor licence, it is registered with the Home Office and can issue Certificates of Sponsorship (CoS) to skilled foreign migrants. This is vital for many companies to access overseas skilled talent, particularly in a post-Brexit landscape with the end of freedom of movement. Companies must secure sponsorship for a significant portion of their workforce, underscoring the importance of holding a UK sponsor licence.

Read the Complete Guide here on UK Sponsor Licence

At Conroy Baker, we have extensive experience of helping companies acquire and maintain their Skilled Worker sponsor licences.

[lexlawuk]

UK employers recruiting the best talents under the Tier 2 work visa application scheme

UK employers recruiting the best talents under the Tier 2 work visa application #WorkVisa #Work #Tier2 #Visa #HomeOffice

Tier 2 work visa application: The Home Office has always supported positive migration to the United Kingdom.  In particular, inbound migration for business people and skilled workers to assist overcome the void in the labour market in the UK.  The most common visa under the Points Based System is the Tier 2 work visa.  The Tier 2 route enables employers settled in the UK to employ non-EEA…

[lexlawuk]

Minimising Potential Impact of Revocation of Tier 2 Sponsorship Licence

Minimising Potential Impact of Revocation of Tier 2 Sponsorship Licence #Tier2 #Tier2SponsorshipLicence #UKVisaSpecialists #UKImmigration #MigrantWorkerUK #Tier2Help #Tier2Employer

Employers who hold a Tier 2 Sponsorship Licence should ensure they comply with their Tier 2 Sponsorship Licence duties, or risk losing their Tier 2 Sponsorship Licence all together. The consequence of losing the Tier 2 Sponsorship Licence would not only have a detrimental impact on the Tier 2 worker and Sponsorship Licence holder, but also on the entire business. Depending on the structure of the…

[nathanielburgos]

Tier 2 ILR (Application Guidance!)

11 minute read

Last updated: 27th January 2020

  One of the key benefits of the Tier 2 visa is that it can lead to settlement in the UK under Indefinite Leave to Remain.

With ILR status, individuals can remain in the UK lawfully without having to meet the ongoing conditions and restrictions of the Tier 2 points-based visa, such as sponsorship by a qualifying employer.

Attaining  Tier 2 ILR requires the applicant to prove they meet the Home Office requirements for ILR. This entails making an application to the Home Office and compiling extensive supporting documentation. Avoiding issues and errors with the application will be critical to avoid a delayed or refused application.

Whether you are a Tier 2 visa holder looking to make an application for ILR, or an employer wanting to support Tier 2 employees through the process, we look at some of the key areas to be aware of when making a Tier 2 ILR application to the Home Office.

  This article covers:

What are the Tier 2 ILR requirements?

What is ‘continuous residence’ under Tier 2 ILR?

Will you need to take the Life in the UK test?

ILR supporting documents

How soon before Tier 2 leave expires can you apply for ILR?

Is it possible to switch from Tier 2 ICT to ILR?

How long does it take to get British citizenship after ILR?

Can ILR status be lost?

FAQs

  What are the Tier 2 ILR requirements?

You will become eligible to apply for ILR if you have been in the UK for five years while holding a Tier 2 (General) Visa and you meet the other ILR requirements:

You are earning the minimum salary threshold or above

You have no unspent convictions

You have been living and working in the UK

You are still in a position of employment from a registered Tier 2 Sponsor able to legally employ migrant workers

  The salary thresholds are currently set as follows:

If applying for ILR before 6 April 2020: £35,800

If applying for ILR before 6 April 2021: £36,200

If applying for ILR before 6 April 2022: £36,900

If applying for ILR on or after 6 April 2022: £37,900

  If you were granted a Tier 2 (General) visa on or after 6 April 2011, you are limited to a maximum stay in the UK of six years, inclusive of any visa extensions. After this period, you will need to either apply for and secure ILR or leave the UK.

With ILR, you can remain in the UK indefinitely, without restrictions of the Tier 2 visa, you will no longer need to have an employer with a Sponsorship Licence or to work in a position where there is a UK skills shortage.

You will need to take the Life in the UK test and show you meet the English language standard.

  What is ‘continuous residence’ under Tier 2 ILR?

To be eligible for ILR, you must evidence that you meet the 180-day absence rule. The rules in this area changed in 2018, and different calculations apply to periods of leave or entry granted before or after 11th January 2018.

If your leave was issued prior to 11th January 2018, you cannot have been absent from the UK for more than 180 days during the five consecutive 12 month periods.

For entry and leave granted after 11th January 2018, the 180-day rule applies on a rolling basis to any 12 month period during the qualifying period.

The rules for dependent family members of Tier 2 workers also changed in 2018. Absences from the UK during periods of leave granted before 11 January 2018 are not taken into account for continuous residence, but for periods of leave granted after 11 January 2018, PBS dependants are subject to the same rules as the primary visa holder and their absences cannot exceed 180 days in any 12 month period.

  Will you need to take the Life in the UK test?

One of the requirements of ILR is that applicants satisfy the knowledge of language and life in the UK (KoLL). This includes passing the Life in the UK test.  This is a computer-based assessment taken at an approved test centre where you will be asked a series of multiple choice questions relating to British politics, history and culture. You will need to score 75% to pass. Applicants are advised to prepare in advance.

In addition, you will also have to show that you meet the required standard for English either by:

having a speaking and listening qualification in English at B1 level or above of the Common European Framework of Reference for Languages (CEFR);

having a degree that was taught or researched in English; or

being a national of a majority English-speaking country.

  ILR supporting documents

All supporting documents must be in original form. Photocopies will not be accepted. They must be written in English or Welsh, or otherwise a certified translation is to be provided along with the original document.

The documentation you submit should evidence your eligibility and corroborate the information you provide within your application form. In general, these could include:

Proof of identity: valid, current passport or travel document; current BRP; two passport sized photographs.

Continuous residence: council tax statements, utility bills, mortgage statements, tenancy agreements.

Life in the UK pass notification.

English language test certificate.

Finances and work: most recent original Bank/Building Society statement from within one calendar month before the date of application; bank statements for the last 3-6 months showing salary; payslips and P60 for last 3-6 months; contract of employment; letter from current employer confirming that you are still needed to work in your role, you are paid at the correct salary and that you have taken paid annual leave.

  Other forms of evidence may be required specific to your circumstances and eligibility, for example if you have been issued with a Police Registration Certificate and need to register with the police, this should be submitted as part of your application, or if you have been married, divorced or changed your name by deed poll.

  How soon before Tier 2 leave expires can you apply for ILR?

You may be able to apply for ILR earlier than you think. It is generally thought you can apply 28 days prior to the date you entered the UK, but this is not always the case. If you entered the UK within 3 months of your visa being issued, you might eligible to apply 28 days prior the issue date on the visa.

  Is it possible to switch from Tier 2 ICT to ILR?

For Tier 2 ICT Visas granted after April 6 2010, you are not able to switch from the Tier 2 ICT to ILR.

  How long does it take to get British citizenship after ILR?

Before you can apply to naturalise, you need to have held ILR status for at least one year, unless you are married to a UK settled person. If you are the spouse of a UK citizen or a person with UK settled status, you can apply to naturalise as a British citizen after 3 years of holding ILR.

  Can ILR status be lost?

ILR can be lost after 2 years’ absence from the UK. Should you wish to return to the UK after an extended absence of more than 2 years, take advice on your immigration options such as the Returning resident visa.

  Do you have a question about Tier 2 ILR?

DavidsonMorris are specialist UK immigration solicitors, advising on all aspects of the Tier 2 visa. We work with employers looking to retain Tier 2 workers by supporting them through the ILR application process and enable them to remain lawfully in the UK, and also with Tier 2 visa holders applying to switch.

  Tier 2 to ILR FAQs

Tier 2 to ILR: How to apply?

You apply to adjust your status from Tier 2 to ILR using form Set (O). You will also need to gather and submit relevant supporting documentation to evidence your eligibility.

When can I apply to switch from Tier 2 to ILR?

To adjust your Tier 2 Visa to ILR, you must have spent at least 5 continuous years in the UK. This qualifying period usually starts from the date of the approval of your entry clearance. Applications for ILR should be made before your current Tier 2 leave expires.

How much do I need to earn for Tier 2 to ILR?

For Tier 2 to ILR application made before April 2020, the minimum threshold required is of £35,800. You should still be in a position of employment with a registered sponsor and earn the minimum required salary at the time of your application.

How can DavidsonMorris help?

DavidsonMorris’ experienced UK immigration lawyers are on hand to advise and guide Tier 2 visa holders through the ILR application process.

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[nathanielburgos]

Tier 2 Guidance on Record Keeping: Home Office Changes

One of the most common areas of immigration compliance risk for sponsor licence holders relates to the Tier 2 guidance on record keeping.

It is an area that continues to change and most recently, in August 2019, the Home Office revised its guidelines, requiring Tier 2 (and Tier 5) sponsors to now record when their sponsored employees entered the United Kingdom, within 30 days of the start of the visa’s validity period. At particular risk of the new rule will be employers of ePassport gate users who will be unable to present a paper record of their entry.

We take a closer look at what employers need to do to ensure Tier 2 compliance, including meeting the new date of entry requirement.

Compliance counts

UK immigration rules place high demands on sponsor licence holders to ensure they check and retain specific documentation for specific periods, in particular formats, and that these are to be made available to UKVI on request.

But it’s an area of immigration compliance which organisations can and do very easily get wrong. And the Home Office is becoming increasingly vigilant in targeting employers for breaches.

For already-stretched HR teams, record keeping is administrative, potentially resource-draining and frankly boring. There are more urgent and seemingly more important tasks for HR to deal with.

But failure to comply with or to meet the required Home Office standards will result in penalties, including fines, licence downgrading and increasingly, licence revocations. Reputation issues ensue. The damage to business operations of restricted or removed access to the global labour market is huge and best avoided.

Tier 2 Guidance: A reminder of your immigration duties

Record keeping forms a large part of a company’s sponsor licence duties.

The documents that you retain must prove that the right checks on an employee’s immigration status have been made and continue to be made. This will be considered by UKVI to determine if your organisation is compliant with its record keeping duties.

Checks on an employee’s immigration status should be made before employment commences. Importantly, this duty applies to all employees – including British and EEA citizens.

Thereafter, checks should be made on the right to work status of non-EEA employees with time-limited permission to work every 12 months from the date of hire.

How long to keep documents?

All documents provided as part of your application to become a licensed sponsor must be kept for the duration of the period covered by your licence.

All documents relating to sponsored workers must be kept for the shorter period of either:

one year from the date you end your sponsorship of the migrant, or

if the migrant is no longer sponsored by you, the point at which a compliance officer has examined and approved them.

Note that additional record keeping requirements do exist in certain circumstances, for example in line with other Home Office or legal requirements, where you will need to retain documents for other purposes and for longer periods of time.

What documents do you need to retain to ensure you are compliant with your Tier 2 sponsor licence duties?

Under ‘Part 1’ of the Sponsor Licence Guidance Appendix D, the following documents must be retained for every sponsor worker employed under Tier 2 (and Tier 5). They can be kept in either paper or electronic format, but they must be made available to UKVI on request.

Copy of each sponsored migrant’s current passport pages.We cannot emphasise enough that copies of documents such as passports must be taken from originals. A copy of a copy is not acceptable and will not offer any protection for your organisation. The copy must show all personal identity and biometric details of the worker details, leave stamps, or immigration status document including their period of leave to remain in the UK. This must show the migrant’s entitlement to work for you as a licensed sponsor. In the absence of an entry stamp, other evidence such as the travel ticket to the UK or boarding card should be kept. The only exception to this is when a migrant is employed for one day or less and it is not practicable to obtain a copy of the documents.

Copy of the migrant’s biometric residence permit (BRP).

Copy of the migrant’s National Insurance (NI) number, unless the migrant is exempt from requiring one. This could be a copy of one of the following:

migrant’s NI card or NI number notification letter from HM Revenue & Customs (HMRC) or the Department for Work and Pensions (DWP)

migrant’s wage slip

migrant’s P45

Real Time Information (RTI) starter checklist – formerly P46

P60

P11 free of tax pay (FOT): employers declaration sent to HMRC

RTI Employment Payment Summary (EPS) sent online to HMRC – formerly

P14: employers annual return sent to HMRC manually

RTI Full Payment Submission (FPS) sent online to HMRC – formerly P35:

employer’s annual return to HMRC

A history of the migrant’s contact details (UK residential address, telephone number, mobile telephone number). This must always be kept up to date.

In the case of the employment of a child aged under 18, a copy of a letter from the migrant’s parents or legal guardian, or just one parent if that parent has sole legal responsibility for the child, consenting to the arrangements that have been made with regard to the child’s application, travel, reception and care arrangements in the UK.

A copy of the migrant’s Disclosure and Barring Service (DBS) check where required for the role undertaken by the sponsored migrant.

Record of the migrant’s absences, which may be kept electronically or manually.

Where the migrant is a Croatian national subject to worker authorisation, a copy of their Purple Registration Certificate showing entitlement to work for you as their sponsor.

Any other document set out in the relevant code of practice.

If you are licensed under Tier 5 (Temporary Worker) International Agreement to sponsor contractual service suppliers or independent professionals, you must keep a copy of any contract you have awarded for the supply of service to you and either of the following:

the tender document for that contract

evidence of how the contract was awarded if it was not formally tendered

Parts 2-6 of the sponsor guidance place further, extensive record keeping duties relating to:

Part 2: Resident labour market test (Tiers 2 and 5)

Part 3: appropriate rate

Part 4: skill level

Part 5: for each migrant endorsed under Tier 1 (Graduate Entrepreneur)

Part 6: for each migrant enrolled under Tier 4 (General) Student or Tier 4 (Child) Student

Tier 2 guidance best practice for record keeping

The Home Office requires evidence of effective systems and processes in your organisation that support prevention of illegal working, and that manage areas of risk such as List B workers.

This can be achieved through:

Automation of your right to work checks and related HR processes, particularly where you operate multiple sites and decentralised recruitment and onboarding.

Cloud storage of electronic documents to ensure centralised and consistent storage to required standards, kept for relevant periods.

Auditing your processes and systems against the required standards to identify areas of risk and improvement.

Training of relevant HR, recruitment and management personnel to ensure internal knowledge of duties is current.

Stay informed of frequent changes to immigration rules and duties on employers to prevent illegal working.

The new date of entry requirement

In addition to conducting and documenting right to work checks, employers now have to retain a record of the date their Tier 2 employees entered the UK. This requirement has to be met for the individual to attain the right to work under their visa.

How the date of entry should be recorded and documented will depend on how the individual entered the country:

Passport stamp

If the individual’s passport was stamped by an immigration officer at the border, the employer will be required to make a copy of the stamped page as proof of the date of entry, in line with standard right to work record keeping protocol.

eGate users

Where the individual’s passport was not stamped on entry, because they made use of the eGate service (as is now available to citizens of the US, Australia, Japan, Canada among others), they will need to ‘affirmatively confirm’ their date of entry. The guidance requires the employer to make a record of this within 30 days of the start of the visa validity. Records of the date of entry could include a boarding pass or plane ticket.

Importantly, the date of entry must be within the validity period of the initial visa in the individual’s passport. Where entry pre-dates the visa validity, the individual will need to leave the Common Travel Area and re-enter Britain within their visa’s validity period.

Are your immigration compliance processes working?

We have substantial experience advising multinational employers and organisations with HQ and operations in the UK on meeting their duties through effective and commercially-viable compliance solutions.

For more information on compliance best practice or to discuss your organisation’s compliance needs, please get in touch.

You may also be interested to read:

Six steps to passing a Home Office inspection 

How to manage recruitment immigration risks

Changes to Immigration Rules as of April 2017

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