Employers wishing to employ non-EEA migrants must obtain a sponsorship licence before they can sponsor a migrant. The sponsorship licence system allows businesses to recruit skilled workers from non-European Economic Areas. The rules on obtaining sponsorship licences can be complicated and our legal team is on hand to assist you with obtaining a licence.
Obtaining a Sponsorship Licence
As a sponsor you will need to provide evidence to the Home Office that you are suitable and eligible to become a sponsor. You will need to prove that you are a genuine employer based in and working lawfully in the UK and that you are able to comply with employment and immigration law and good practice. The Home Office will carry out appropriate checks before deciding whether to grant the licence. Once you become a sponsor, you will appear on the public register of sponsors which can be found on the Home Office’s website.
Employing Migrant Workers under the PBS
Once you have obtained a sponsorship licence, you can offer a certificate of sponsorship to the following:
- Tier 2 Skilled Workers: Includes General, Intra Company Transfer, Minister of Religion and Sportsperson routes; and
- Tier 5 Temporary Workers: Includes Creative & Sporting, Religious Workers and Charity Workers.
Consequences of Breaching Employer’s Duties
Employers have a duty to prevent illegal working and this is done by identifying potential employees who require permission to work in the UK and undertaking prescribed document checks before and during employment. Failure to do so could result in criminal and civil penalties for employers including fines and even imprisonment.
Our Legal Services
- Advise employers on the procedure for applying for a sponsor licence;
- Act as the Key Contact or Level 1 User or Level 2 User of the company;
- Advise employers/employees on the likelihood of getting sponsored under Tier 2;
- Advise and represent clients in making their leave to remain/entry clearance applications in line with the certificate of sponsorship;
- Advise and represent clients’ dependants seeking dependent visas;
- Lodge an appeal (in-country only) or make a request for an administrative review if the employees application is refused; and
- Judicial Review of refused Tier 2 visa application.
Why we provide the best legal advice for Tier 2 & 5 Sponsor Licences
We are a UK Solicitors law firm and are fully authorised and regulated by the Solicitors Regulation Authority(link is external) (SRA) and as a professional law firm are completely exempt from requiring authorisation by the Office of the Immigration Services Commissioner(link is external) (OISC). Many businesses offering immigration services are only OISC regulated and as such are not professional legal organisations such as Solicitors firms or Barristers’ chambers. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions. Also as a professional organisation our policy is not to employ sales staff to give you “advice” (all our telephone consultations are handled by lawyers). We are often instructed at immigration appeal stages in cases that ‘immigration businesses’ have dealt with and which were clearly hopeless applications at the outset. When you instruct us, qualified immigration solicitors or immigration barristers work on your case from the outset when it matters the most in order to ensure no time and money is wasted and more importantly that no mistakes are made.
As a law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist you with your applications for any type of Visa or permit including sponsorship licence and any form of leave to remain (or for entry clearance) under the points based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an application, thereby eliminating much of the stress of the application process.
Contact us for successful Tier 2 & 5 Sponsor Licence
Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers.
Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our online Enquiry form and we will get in touch or call us now on 01206500181