Are you tapping into the global talent market? Get ready for a deceptively simple plan. A UK employer needs to obtain a sponsor license in order to get access to the international talent pool. The current system states that a sponsor License is a permission granted by the Home Office to a UK-based employer to employ highly skilled migrants from non-EEA nationals under the Tier 2 Visa route. Employers must make an application to UK Visas and Immigration (UKVI) in order to confirm their eligibility for the Tier 2 Sponsor License. They must provide all the essential documents and required pieces of evidence to prove that the company has all the capabilities to meet ongoing compliance duties.
As said earlier, this deceptively simple plan entails other key considerations before applying for a sponsor license:
- Ascertain current and long-term recruitment needs while making an application to the Home Office that ensures uniform coverage for the duration of its validity.
- Understand the right class of Certificate of sponsorship-Restricted or unrestricted Certificate of Sponsorship
- Determine the number of Tier 2 certificates necessary on a yearly basis as a considerable part of the sponsor licence application.
- Must issue the unrestricted Certificates of Sponsorship within the timeframe of 3 months.
- The employer must be aware that there is a restriction on the number of skilled workers from Non-EEA nationals entering the country under restricted CoS.
- The employer must be careful as far as the restrictive allocation limit is concerned. If oversubscribed, applications will be prioritised as per the points table.
- Points will be awarded on whether the role is in Standard Occupational Classification (SOC), a salary on offer, and a PhD-level.
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What are Certificates of Sponsorship?
The Cos is nothing but a self-certifying document that a Tier 2 Sponsor license holder assigns to a Tier 2 visa applicant in order to onboard them into the company. This document validates that the Sponsor license holder meets all the relevant requirements and compliance duties under the Visa Classification. Therefore, assigning the CoS entails strict conditions and timings which employers must be complied with.
There are two classes of Certificates of Sponsorships and employers must ensure that in each instance they use the relevant type in the most effective way.
Restricted Certificate of Sponsorship
Restricted Certificate of Sponsorship primarily designed for skilled migrants who intend to work in the UK in a role paying less than £159,600 unless the job involves an inward investment post. Please note that employees who are already in the UK and are eligible to change the status to a Tier 2 Visa do not fall under the Tier 2 Visa Cap and typically do not need a restricted Certificate of Sponsorship. This class calls for another exception where partners of Tier 4 visa holders who intend to switch to a Tier 2 Visa do not need RCoS.
Unrestricted Certificate of Sponsorship
An unrestricted CoS must be assigned to those prospective employees who can satisfy the following circumstances:
- if their annual income exceeds £159,600
- if they are already based in the UK under sponsored Tier 2 (General) and intend to extend their leave to remain either by changing employer or job role.
- if they are eligible to switch into a General Work Visa (Tier 2) within the territory.
- if they are sponsored for a Ph.D. level role.
- for high-value inward investment posts.
Role of A Y & J Solicitors
Get in touch with our exceptionally qualified lawyers at A Y & J Solicitors who can provide advice and assistance for all the aspects of sponsor licence management and compliance duties. Our certificate of Sponsorship services start with imparting knowledge about the right class of certificate of sponsorship, guidance on Tier 2 requirements including Skills and salary thresholds, Integrating the CoS requirements into onboarding processes as well as existing recruitment, mapping the role to the respective Standard Occupational Classification (SOC) code, and identifying and advicing if there are any errors on the CoS. At A Y & J Solicitors, our lawyers can plan for you an unrestricted CoS allocation and also assist in Cos allocation considering Tier 2 visa renewals.
Are you looking for advice and assistance in the Certificate of Sponsorship? Look no further than A Y & J Solicitors which is a boutique UK Immigration firm with a decade of experience recommended by Legal 500. For more information about our immigration service, please email us at contact@ayjsolicitors.com or Whatsapp us on +44 7448 5656 70.