Since 2008 companies wishing to employ workers from outside the EEA and Switzerland have had to apply for a license to do so. Holders of these licenses are known (and will be referred to hereafter) as sponsors.
So how do you go about the process of becoming a sponsor?
This can be a fairly demanding, even intimidating experience. For that reason it is always advisable to seek professional advice from an experienced lawyer. At Khan McKenzie Solicitors we have considerable experience in dealing with this and related matters, and can give you clear and straightforward advice on how to go about it.
In broad terms, the things you must take into consideration include:
Are you planning to take on temporary or permanent workers? If temporary, then you will need to apply for a Tier 5 permit, while for permanent workers, you should be applying for a Tier 2 license.
There are fees payable to the UK Border Agency for your license. These fees vary according to the size of the organisation making the application. If you are unsure about what category your business falls into, please call us.
You can make your application online. You will find the necessary documentation on the UK Border Agency’s website.
You will need to appoint or delegate an authorising officer, who will be the point of contact for the UKBA, and will also need to take full responsibility throughout the process of applying for your license. This needs to be someone who is both responsible and competent, as they will be held to be responsible should anything go amiss with the application, whether through action or omission.
You can have your legal representative act as a key contact person, which will offer a level of support to your appointed Authorising Officer, or you can appoint someone within your company to take this role. Again, if you are unsure about the best course of action for your specific circumstances, please don’t hesitate to call us.
You will also have to meet certain stipulations under the Resident Labour Market Test. Under this regulation, you are obliged to advertise the post or posts in order to establish whether there is a suitably qualified person or persons currently resident in the UK.
You don’t need to do this if:
- the post you are seeking to fill is on the current Shortage Occupation list
- if the overseas worker is already an employee of the company in a similar position, and has been in post for more than 6 months
- if the sponsorship relates to an internal transfer from an overseas branch
Once again, if you are unsure of any part of the process of sponsoring an overseas worker or workers, then it is wise to seek professional advice. We are a highly experienced law firm with offices in Birmingham and Wolverhampton and are on hand to give you any and all legal help you might need.
- Application for Tier 2 General sponsor Licence
- Application for Tier 2 Minister of Religion Sponsor Licence
- Application for Tier 2 Sports Person Sponsor Licence
- Application for Tier 5 Sponsor Licence
Keeping in view the financial difficulties of clients, we have tailored very reasonable and affordable costs structure for our Family Law matter clients. If you would like to discuss any matter related to Family Law, please contact us through phone +44(121)794 2000 or alternatively make an online enquiry and we will respond at the earliest opportunity. We are very flexible in arranging appointments and offer highly friendly and personlized service with very competitive costs.