Tier 2 Sponsor Licence Guidance

Tier 2 Sponsor Licence system was introduced by the UK Visa and Immigration (UKVI) in 2008. To recruit skilled labour from outside the single market, companies must have a valid Tier 2 or 5 Sponsor Licence. Employers and HR directors must accept that sponsor licences come with strict compliance obligations, which if not met, can result in huge fines and even prison sentences.

For many sectors, such as agriculture, tech, hospitality and finance, the ability to recruit talent from outside the EEA is imperative to meeting customer demands, launching innovation projects and growing their business. At times, Tier 2 Sponsor Licence is very much needed. Therefore, it is sensible to engage immigration experts who you can rely on to help manage your sponsor licence duties and responsibilities and keep you up to date with any changes to relevant regulations.

At A Y & J Solicitors, our lawyers can provide full support to your company, so you can remain compliant at all times. This takes away any unnecessary stress, should the Home Office decide to make an unannounced visit to your premises (which happens all too frequently).

What Are the Tier 2 Sponsor Licence UK Eligibility Requirements?

To apply for a Tier 2 Sponsor Licence your organisation must provide proof of the following:

It is a legally operating business in the UK

Key personnel have been appointed, and they are of good character and dependable

Your HR systems can manage all sponsorship duties

Your business is offering employment positions suitable for Tier 2 skill requirements, which are genuine positions and meet minimum salary guidelines

The key personnel that must be appointed are:

Authorising officer – a senior and competent person who operate the Sponsor Licence Management System (SMS)

Key contact – your main point of contact with UK Visas and Immigration (UKVI)

Level 1 user – responsible for all day-to-day management of your licence using the SMS

One of our team can take over the role of Key contact and Level 1 user for you, ensuring you are always compliant and your SMS is up-to-date. This frees you and your staff up to concentrate on growing your business and meeting customer demands.

Do you need help with Sponsor Licence Application? Contact A Y & J Solicitors today!

How Does My Company Apply for a Tier 2 Sponsor Licence?

To apply for a Tier 2 or 5 Sponsor Licence, you will need to fill in the online application form and send it to UKVI along with the required supporting documents. It is possible that you will receive a visit from Home Office immigration officials who will examine your HR systems to check your business can meet its compliance requirements. Our team can conduct a mock audit of your HR policies and procedures prior to you applying for your licence, identify any weaknesses and put in place an action plan to rectify them.

It is strongly recommended that a covering letter is sent with the application, which lists each document enclosed and clarifies any details or relevant background information, such as corporate structures.

What Documents Will I Need to Supply to Obtain a UK Tier 2 Sponsor Licence?

The required document list is extensive and will depend on whether you are a public body, start-up, franchise or SME. Examples of documents may include:

If you are a food business, proof you are registered with and approved by a food authority

Start-ups must provide evidence of their corporate bank account

Proof you have employer’s liability insurance of at least £5 million from an authorised insurer

Proof of listing on the London Stock Exchange

The Advantages of a Tier 2 Sponsor Licence

A Tier 2 Sponsor Licence allows you to employ non-EEA nationals. Once an organisation acquires a sponsor Licence, they become registered with the Home Office as a sponsor and can begin to issue Certificates of Sponsorship (CoS) to NON-EU skilled staff subject to meeting the requirements.

For many companies, being able to hire foreign talent is essential to the successful operation and growth of their business. At A Y & J Solicitors, we have extensive experience of helping companies acquire and maintain their Tier 2 Sponsor Licences.

What Can I Do If My Application for a UK Tier 2 Sponsor Licence is Refused?

In some cases, you cannot reapply for 6 months if your Sponsor Licence is refused. So, it is very important that you prepare strong application very first time. In refusal, if there has been a simple case working error or the supporting evidence has not been considered properly, our lawyers can apply for a ‘pre-licence error correction’ on your organisation’s behalf.

There is NO right of appeal if Tier 2 Sponsor Licence application is refused. Therefore, the only option is to challenge the decision via judicial review, should the ‘pre-licence error correction’ procedure brings no positive results. Our team can expertly advise and represent you in challenging a decision of sponsor licence refusal.

Our Tier 2 Sponsor Licence Services

A Y & J Solicitors is committed to helping Sponsor Licence applicants successfully apply for their Sponsor Licence and achieve long-standing compliance with all Home Office requirements. And despite the Home Office becoming increasingly strict about compliance, we continue to be successful in developing compliance procedure for Sponsor Licence holders.

Our service extends to all aspects of sponsorship, including:

Tier 2 Sponsor Licence application

Easy to understand explanations of all Home Office rules and regulations

Verification and processing of all documentation requirements

Complete Human Resources checks and audits in preparation for compliance

Full support and guidance to help you in preparing for a Home Office inspection visit

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