The UK has long been a popular destination for skilled workers from India, offering great job opportunities, competitive salaries, and a high standard of living. Over 515,000 Indian nationals were granted visit visas last year, and around 50% of the work visa approvals were for skilled Indian professionals. This strong relationship between the UK and India makes it easier for UK employers to hire talented workers from India, thanks to the Tier 2 Sponsor Licence introduced by the UK government in 2008.
If your UK-based business wants to hire skilled workers from outside the UK, including Indian professionals, the Tier 2 Sponsor Licence is essential. Here’s a simple guide to understanding the process and how Law and Visas can help you along the way.
What is the Tier 2 Sponsor Licence?
The Tier 2 Sponsor Licence is a permit that allows UK employers to hire skilled workers from outside the European Economic Area (EEA). Introduced in 2008, it helps UK businesses fill skill gaps with qualified workers from non-EEA countries. Employers need this license to comply with immigration rules and avoid hiring workers illegally.
What is a Certificate of Sponsorship (CoS)?
Once your Tier 2 Sponsor Licence is approved by the Home Office, you’ll be added to the official register of sponsors. You will then be able to assign a Certificate of Sponsorship (CoS) to your foreign employee. The CoS confirms that the employee has a job offer from a UK employer and meets the requirements.
Key points for CoS:
- The Resident Labour Market Test (RLMT) must be met unless the job is exempt from this requirement.
- The job offered must meet the Tier 2 skill level and usually needs to be at RQF level 6 or above (equivalent to a graduate-level role).
Sponsorship Duties for Employers
As a sponsor, you have several duties to ensure compliance with UK immigration laws. These include:
1. Record-Keeping Duties:
You must keep copies of important documents for each sponsored employee, such as:
- Passport identification page
- Visa and immigration status
- Biometric Residence Card (if applicable)
- National Insurance number and contact details
2. Reporting Duties:
You must inform UK Visas and Immigration (UKVI) about the following:
- If the employee fails to show up for their first day of work.
- If they are absent for more than 10 working days without permission.
- If their employment ends early, whether by resignation or dismissal.
- If the employee’s immigration status changes or if they are engaging in criminal activity.
3. Monitoring Employees:
You need to have an HR system in place that tracks your employees’:
- Immigration status
- Attendance
- Contact details
- Compliance with work conditions
4. Other Key Responsibilities:
- Make sure the foreign worker has the necessary qualifications for the job.
- Keep UKVI updated on any changes to your business, such as a change of address or leadership.
- If you’re sponsoring a worker under 18, you must ensure proper travel, accommodation, and care arrangements are in place, along with a letter of consent from their parents.
What to Do if Your Sponsorship Licence is Refused or Suspended
Applying for a Tier 2 Sponsor Licence can be challenging, and many applications get rejected for various reasons. If this happens, you may face delays or need to reapply. There are also cases where a sponsor license may be suspended or revoked by the Home Office.
Law and Visas can help you with:
- Sponsor Licence Applications: Assistance with preparing and submitting a strong application.
- License Renewal: Ensuring your license stays active and compliant.
- Dealing with Refusals or Suspensions: We help you respond to refusals or suspensions and guide you through the appeal process if necessary.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the UK straightforward and successful. Whether you’re applying for a UK Tier 2 Sponsor Licence, handling a Tier 2 Visa Refusal, or seeking an Intra-Company Transfer Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas and permits they need for international travel. Call us today at +234 812 5505 986 to learn how we can assist you.
