The Tier 2 route enables UK employers to recruit workers from outside the EEA to fill a particular graduate level vacancy that cannot be filled by a British or EEA worker. A Sponsor Licence application will firstly be necessary for a UK based company to sponsor a worker under Tier 2. This is often a complicated process as you will need to provide specified evidence to demonstrate that your company is trading and that you have a genuine vacancy which cannot be filled by a settled worker in the UK. In order to successfully apply for the licence, you will need to demonstrate that you have adequate HR measures in place to monitor and track migrant worker activity.
Magrath Sheldrick LLP can help you to avoid the common pitfalls such as:-
- not sending documents within the specified period;
- including documents not in the format required;
- not providing sufficient evidence of a genuine vacancy;
- not having adequate HR measures in place to track and monitor sponsored workers;
- non-compliance with legal right to work legislation.
We work with a significant number of employers, large and small, across a wide range of business sectors to manage sponsorship issues and ensure that workers arrive in good time and with a complete set of compliance documentation.
Once obtained a Sponsor Licence is valid for 4 years and a company can expect a Home Office audit to ensure compliance within this period. In order to sponsor an individual under Tier 2 Magrath Sheldrick will ensure that the role offered is suitably skilled to justify a Certificate of Sponsorship being awarded. In particular, the Home Office wish to see that the role is “graduate level or above”, the salary is over and above the minimum prescribed levels and that the individual has suitable qualifications/experience to carry out the role.
Magrath Sheldrick also provide an online portal to allow HR departments to manage all of their assignee’s online to simply compliance requirements and receive timely alerts and reports. Please click here for more details.
