If you qualify for both licences you may wish to consider applying for both at the same time. There is no additional cost for this and it should only require a small amount of additional supporting documents.
If you apply for both licences then you will have them both available in the future should you need them. If you do not apply for both licences at the same time it is possible to apply for the other type of licence in the future; however this will require you to make a separate application and it can take some time for the Home Office to process this, which could delay your recruitment plans.
Your organisation must meet at least two of the following three conditions if you are to be defined as a small organisation:.
The supporting documentation is very important and the application will be refused and your fee lost if you do not send the correct documentation or if you do not send the documentation in the correct format. The Home Office is very strict on this and it is important that you check the documentation carefully against the Home Office policy guidance before submitting it. You should note that where you are sending documents that are not original documents, then they need to be certified as true copies in a very specific manner.
Not all solicitors or advisors will be aware of this and you should draw this to the attention of the person certifying the documents for you. The Home Office may also conduct checks with various bodies such as HMRC and the Register of Companies to verify any information that you prove to them.
They may also conduct an on-site compliance visit as part of your application and are likely to continue on-site audits throughout the duration of your licence. The Home Office's estimated processing time is normally 8 weeks from the date they receive the electronic documents and application form but this can be longer in some cases. You cannot employ an overseas migrant worker until you have a sponsor licence and even then, there are other steps that require to be taken.
These codes often change and at the time of writing, the link included was the most up to date. If the job you are recruiting for is below NQF level 6 you can only sponsor the migrant if the job title can be found on the shortage occupation list, which you can see by clicking here. The SOC and shortage occupation lists show the minimum salary for each job role. If a candidate is in the UK and has been on a student visa known as a Tier 4 visa, you may not need to advertise the job role before applying for a licence.
Once the online application has been submitted, the Home Office take in the region of 6 weeks to make a decision to issue a licence.
If your business is regulated by an independent body, such as the Solicitors Regulations Authority, this can reduce the processing time by half. The Home Office may visit your office branch before making a decision. They are likely to visit you if you are a start-up to check your human resources system. They may visit even if you have been trading for some time, although this is less likely. If your application is approved, you will have a sponsorship licence for 4 years, which is renewable at the end of this term.
Your licence can be used for more than one candidate as long as you are able to maintain a reasonable HR system. An HR system does not need to be an entire department. It can be as simple as a folder including information about each employee. Examples of the type of detail includes; when the migrant's visa is due to expires, a copy of their passport and details of working hours. A nominated person within your organisation will be given access to on online portal, which is used to keep the Home Office updated and to request the right to offer a position to a migrant.
You or a nominated person will use the online portal to request a Certificate of Sponsorship 'COS' , which is a unique reference used to apply for the right to work. If the candidate that you have decided to recruit holds a Tier 2, Tier 4 or Tier 1 visa, they may be able to apply from inside the UK for their visa to work with you. Requesting a COS in this situation is quicker than if requesting for candidates that have to leave to make an application.
If your candidate is based outside the UK or does not hold a visa that allows them to apply from inside the UK, they will need to apply in their country of residence or nationality. The panel make decisions from the 5th of each month. This may be important to the timeline of when you can employ a migrant. You will need to wait until the 5th of each month before a COS will be considered. The decision to issue a COS can take a further 10 working days from the 5th, and the Home Office may ask for evidence before making a decision.
A Tier 2 General visa can be issued from as little as 1 year to a total of 6 years and leads to the right of permanent residence known as ILR. The team at Reiss Edwards consists of some of London's leading Immigration lawyers. If you require expert legal advice on obtaining a sponsor licence or recruiting a Non-EEA national, please call us on UK visa sponsorship for employers.
Apply for your licence You need to apply online for your licence. Apply now How to send the documents You can scan or take pictures of your submission sheet and supporting documents. Licence fees You need to pay a fee when you apply. View a printable version of the whole guide. Related content UK visa sponsorship management system Sponsorship: guidance for employers and educators Checking a job applicant's right to work Penalties for employing illegal workers Collection The higher education sector and the EU Local authority children's services and the EU Further education and apprenticeships and the EU.
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