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Immigration

Tier 2 (Sponsorship) Licence

If you’re looking to employ somebody from outside the European Economic Area (EEA) and Switzerland, you will need to apply for a sponsor licence – this includes both paid and unpaid work, such as running a charity. A sponsor licence will be valid for 4 years; however, you could lose your license if you do not meet your responsibilities as a sponsor. A Tier 2 Sponsorship Licence allows you to employ a skilled worker with a long-term job offer, whereas, a Tier 5 (Temporary Worker) visa will only allow you to employ skilled temporary workers.

You will be eligible to get a licence as long as you have not got any unspent criminal convictions for an immigration or criminal offences, you have not got any history of failing to carry out your duties as a sponsor and you have the appropriate systems in place to monitor sponsored employees.

There are specific requirements that you must meet when making this application and you may be visited by Home Office officials during the application process and after your application has been granted. When your application is approved, you will also need to ensure that as an employer, you keep adequate employment records and notify the Home Office of any changes relating to your sponsored employees. At Pabla and Pabla Solicitors, we can also ensure that you keep adequate employment records for your employees for an additional fee.

In order to make this application, you will need an individual who can carry out the following roles:

1. Authorising officer – this is a senior person that is capable of being accountable for the actions of staff and representatives who will use the appropriate systems that will be put in place to monitor the sponsored employees
2. Key contact – this is somebody who will be the main point of contact for the UK Visas and Immigration (UKVI)
3. Level 1 user – this is an individual that is responsible for all of the daily management of your licence using the appropriate systems that are put in place to monitor the sponsored employees.

Please be aware that the above-mentioned roles can be filled by either the same person or different people.

As a sponsor’s employer, you will have to complete the following duties:

1. Keep records of your sponsored employee – this includes a copy of the applicant’s passport, their UK immigration status documents (if they’re not in the passport), a copy of your sponsored employee’s biometrics information and a copy of their national insurance number
2. Reporting and informing the Home Office of any of the following:

  • If your sponsored employee does not turn up for their first day at work
  • If your sponsored employee is absent for more than 10 working days without your authorisation
  • If your sponsored employee’s period of engagement has ended and as a result, your sponsored employee has been dismissed or resigned
  • If any registration that your sponsored employee needs to be able to work in the UK has ended
  • If you stop sponsoring your employee for any other reason
  • If there are significant changes regarding your sponsored employee’s circumstances
  • If you have information that suggests that your sponsored employee is breaching the conditions of their leave
  • If you have information that suggests that your sponsored employee may be engaging in terrorism or any other criminal activities – please note that in these circumstances, you must also inform the police. 

At Pabla and Pabla Solicitors, our team of business immigration solicitors understand that in most cases, time is of the essence as you want to be able to fill the gap in your workforce as quickly as possible. Our Immigration Solicitors will be able to deal with your application effectively and efficiently, allowing you to feel at ease and confident that your application is in safe hands, with the highest chances of success.

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