Due to the UK’s Brexit, UK organisation must hold a Tier 2 sponsor licence which allows them to sponsor workers from overseas. A foreign worker cannot simply decide to apply for a Tier 2 visa in order to come and work in the UK. They need a job offer from a UK-based employer. The employers are possible to hire Level 3 medium-skilled workers instead of the existing High-skilled workers in NQF Level 6 from January 2021.
Where do I start?
A sponsorship is a virtual permit which allows a company to hire foreigners. Any type of business can apply sponsorship, the would-be sponsor has to submit evidence to show that it is a genuine employer with a lawful trading presence in the UK.
Depending on whether the company intends to hire a skilled worker for more than one year or a temporary job for less than one year, it can be divided into Tier 2 and Tier 5. The organisation needs to prove to the Home Office that they have proper HR system and they have had a market test that the vacant post cannot be filled with British citizen or settled person.
Suitability Criteria
The Home Office will look at whether the organisation is “honest, dependable and reliable”, and capable of meeting the responsibilities that it expects from sponsors. That the sponsor has the human resource and recruitment systems in place to meet, or continue to meet their sponsor duties — the Home Office will judge this by either visiting the sponsor before or after the licence is granted.
- That the Home Office are able to visit and conduct checks to ensure that the sponsor duties are being complied with on an immediate, unannounced basis; this includes checks at any physical addresses where the sponsored employees would carry out their employment duties
- That the sponsor can offer a genuine vacancy which meets the criteria of the category the sponsor is applying to be licensed for
- If any of the key personnel within the business have an unspent criminal convictions for a relevant offence
- Any evidence of previous non-compliance by the sponsor
If successful they will be granted a licence valid for four years from the date of decision. This will usually be an A-rated licence which means they will be granted access to the sponsor management system via login details for the nominated user. The organisation will then have the ability to start sponsoring workers.
Sponsorship refusal or revocation
If the Home Office finds evidence that the employer is not meeting their duties, their licence can be suspended or even revoked — meaning their sponsored workers will have their visas curtailed. In 2019, almost 600 Tier 2 and Tier 5 licences were suspended, and over 400 revoked.
This puts the worker at risk of losing their job and their right to remain in the UK, not to mention operational and reputational damage for the employer.The company needs to check the personnel file so that the sponsorship application is not refused or revoked at any time. For sponsorship, the application process is simple, but there are duties to comply, so it is necessary to check to meet the standards at all times.