Tier 2 of the Points Based System allows employers to hire non-EEA migrants to work for their organisation. in the UK.
Under Tier 2, employers have to register as a ‘Sponsor’ with the Home Office and the prospective employee is required to pass a ‘points assessment’ in order to qualify for leave to enter or remain to work in the UK.
Sponsors must comply with various record keeping and reporting duties imposed by the Home Office. Sponsors are also responsible for ensuring migrant workers are eligible to qualify under Tier 2. In most cases the sponsor must list advertise the position in accordance with strict Home Office rules and mostly sponsor a non-EEA national if no suitable EEA national or settled worker applies for the role.
We have extensive experience of advising and supporting employers through all stages of the sponsorship process, including:
- Preparing and submitting sponsor licence registration applications, including reviewing supporting documentation and existing HR procedures and systems to check whether they are likely to meet the Home Office requirements
- Evaluating information regarding prospective new hires and intra-company transferees to check whether they are likely to meet the Points Based System criteria
- Advising on the Resident Labour Market Test (advertising) requirements and selecting the most appropriate SOC Code
- Requesting and issuing Certificates of Sponsorship
- Supporting migrants and their families during the entry clearance or visa application process
- Supporting migrants and their families during the extension application process
- Preparing requests for an annual (or additional) allocation of Certificates Of Sponsorship
- Preparing notifications for submission to the Home Office in order to comply with sponsorship duties
- Advising clients on their compliance obligations and preparing for Home Office visits, including carrying out audits and conducting mock Home Office visits
It can often take some time to collate all of the supporting documents required for immigration applications and for the Home Office to process applications. Therefore, we encourage clients to take immigration advice at an early a stage as possible to try to ensure that they will meet the latest Home Office requirements and minimise the risk of delays in bringing non-EEA nationals to the UK.