Tier 2 & Tier 4 Sponsor Licensing

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New Licence Application

A UK based employer can apply for a Tier 2 Sponsor Licence if they need to employ skilled workers from outside the UK or the European Economic Area. The employer should first test the local labour market to see if they can find a local person who can do the job(s) in question and this evidence forms part of the submission to the UKVI, when applying for the licence.

The applying company is required to provide various documents to prove they are a genuine and proper business in accordance with UK law as well as detailed submission about the position they wish to recruit for once they have the licence.

The UKVI may decide to make a pre-licence compliance inspection visit to the applying company, which may be either announced or unannounced. At this inspection, they are looking to see that the company has systems and controls in place to cover Recruitment, Prevention of Illegal Working, Maintenance of Contact Details, Migrant Tracking and Monitoring, Record Keeping and Sponsor Duties.

It is essential that the applying company can demonstrate that their systems and their understanding of the UKVI requirements are fit for purpose, otherwise, it is likely that the UKVI will refuse the licence application, after which they will generally impose a six month cooling off period before a second application can be made.

What we do:
we guide and support you through the whole preparation and licence application process, including review of your existing HR systems and controls and introducing any new systems needed by the UKVI and also preparing you to best manage a UKVI compliance inspection visit.



Maintaining Ongoing Compliance

The UKVI can visit at any time once the licence has been granted to check that the Sponsor is remaining fully fit for purpose with regard to the areas of compliance - Recruitment, Prevention of Illegal Working, Maintenance of Contact Details, Migrant Tracking and Monitoring, Record Keeping and Sponsor Duties.

These visits typically will be unannounced and the Sponsor must comply by co-operating with the visit.

If the UKVI are dissatisfied with any aspects of the above stated areas of compliance, they may suspend the Sponsor Licence and subsequently revoke it, if the Sponsor has been unable to satisfactorily address the raised concerns.

Licence revocation is extremely serious in that all sponsored Tier 2 migrant workers will typically have to stop working for the sponsor and have a 60 day period to find new employment with a different Tier 2 sponsor and the sponsor will have to wait 12 months before they can re-apply for a licence.

What we do: we offer a range of full or part UKVI compliance audits, which can be provided on a monthly, quarterly, half yearly or annual basis, depending on how much migrant recruitment activity you have. We cover the basic record keeping, right to work checks and re-checks, management of visa expiry dates and maintenance of contact details as well as employee file record keeping.

Consultants

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