VISAS - IMMIGRATION

UK employers can sponsor non-EU employees under Tier-2. This is a three-step process and we provide complete guidance and assistance in all the stages.

1. License For Employer

2. Certificate of Sponsorship

3. Applying Entry Clearance with respective British High Commission or switching in case already in UK

An overview of the Tier-2 for sponsoring skilled worker by UK employers is as under:

What is the register of sponsors?

All employers who want to act as a sponsor need a licence. Once they get a licence, they are added to the register of sponsors. The register of sponsors has the name, location and rating of the organisation. All sponsors are given an A rating or B rating when they join the register. B rating is a transitional rating and means that the sponsor is working with us to improve their systems.

Employing migrants

Sponsors must employ migrants in jobs on the shortage occupation list or by meeting the resident labour market test for the job.

Jobs on the shortage occupation list

If you are applying for permission to stay in a job on the shortage occupation list, you will score enough points without having to earn points for prospective earnings or qualifications. Your contracted working hours must be at least 30 hours a week in a shortage occupation job. You should check with your sponsor that they have said the job is on the shortage occupation list on your certificate of sponsorship.

The resident labour market test

You can only come to work in the United Kingdom if there are no suitable settled British or European Economic Area workers to fill the job. The resident labour market test must be met by the sponsor before assigning a certificate of sponsorship. It includes how to advertise the job. You should check with your sponsor that they have met the resident labour market test and have said so on your certificate of sponsorship.

What is a certificate of sponsorship?

A certificate of sponsorship is not an actual certificate or paper document, but is a unique reference number, which holds information about the job and your personal details. Your sponsor will give you your certificate of sponsorship reference number. They will also need to give you some of the information they used to assign the certificate for you to use the point-based calculator and apply, for example, the wage of the job. Having a certificate of sponsorship alone does not mean you will be successful in applying to come or stay in the United Kingdom. You must meet the requirements of the tier and category you are applying under as well

What is a live certificate of sponsorship?

Sponsors assign certificates using the sponsorship management system, and you can only have one live certificate of sponsorship in the system at any one time. A live certificate of sponsorship is one that the sponsor has assigned to you, but that you have not used yet to apply. If you have given your personal details to a prospective sponsor and that sponsor assigns a certificate of sponsorship to you, then no other sponsor can assign a certificate of sponsorship to you during the time the certificate gives you permission to come or stay. So it is very important that you only give your personal details to a sponsor you intend to work for.

What your certificate of sponsorship must show

Your certificate of sponsorship must:

• have the same details as in your passport;

• be assigned to you by your sponsor no more than three months before the date you apply;

• has not been withdrawn by your sponsor or us.

The certificate of sponsorship will run out if it is not used by you to apply within three months of the sponsor assigning it to you. If you apply using a certificate of sponsorship that has run out, your application will be refused. You must get a new certificate of sponsorship from your sponsor. The skilled worker category (Tier 2 General) is for people coming to the United Kingdom with a skilled job offer to fill a gap in the workforce that cannot be filled by a settled worker.

Who can apply as a skilled worker?

Before you apply under the skilled worker category (Tier 2 General), you must have:

• a sponsor; and

• a valid certificate of sponsorship.

When you apply you are awarded points based on your:

• qualifications;

• future expected earnings;

• sponsorship;

• English language skills; and

• available maintenance (funds).

You can apply under the skilled worker category (Tier 2 General) now if you are:

• applying for permission to enter the United Kingdom (known as 'entry clearance') under the sponsored skilled worker category (Tier 2 General)

• in the United Kingdom with permission to stay (known as 'leave to remain') in an immigration category that allows you to switch into the sponsored skilled worker category

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