In order for a UK organisation to employ an overseas applicant, who lives outside the EEA and Switzerland, on a tier 2 sponsorship visa UK immigration law dictates that the firm or group will need to hold a sponsorship licence. This can only be obtained by registering with the United Kingdom Border Agency (UKBA) as a Licensed Sponsor.
Tier 2 sponsorship licence and Oratto
If you, as a potential employee, need a certificate of sponsorship, Oratto has a number of highly experienced immigration solicitors who can help with your visa application. You can select a solicitor to contact yourself from the list on this page, or you can send your details to Oratto and we will identify the best immigration solicitor for you based on the information you provide. All Oratto member immigration solicitors will be able to handle your tier 2 sponsorship visa questions.
There are requirements to meet for the Tier 2 category as well as responsibilities to uphold for the purposes of immigration control. A certificate of sponsorship will need to be awarded before the applicant can apply to enter, or remain within, the UK. As part of the purpose of this sponsorship certificate, assurance is given that the applicant is both suitable for the particular role and that they intend to do it.
If your organisation intends to become a sponsor, there are various duties that must be undertaken. In terms of keeping records, copies must be kept of each applicant's contact details and UK immigration status document or their passport.
Reporting duties mainly focus upon the applicant's attitude and behaviour towards their job and their personal circumstances. The following things must be reported to the UKBA:
- if the migrant does not attend their first day of work or is absent for more than ten working days without permission
- if they were dismissed or have resigned
- if the registration which permits the migrant to work in the UK ends
- if the sponsorship ends for any reason
- if there are significant changes to the migrant worker's circumstances
- if the sponsor becomes aware of any information which implies that the migrant is breaking the terms of their leave to remain
- if the sponsor becomes aware of any information which implies that the migrant is involved in any sort of criminal activity. In these situations it is incumbent upon the sponsor to pass the information to the police.
Candidates are able to apply for a visa for up to three months before the start date of their employment. The fee varies according to circumstances and applicants should receive a decision on a visa application within three weeks.
Contact Oratto today for further information on becoming a sponsor, or to apply for, a tier 2 sponsorship visa