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February 25, 2021

Tier 2 Sponsor Licence: Obtain the Licence and Employ Talented Overseas Staff

Tier 2 Sponsor Licence was established by the UKVI to let UK companies employ skilled and talented workers from non-EU countries. To obtain the licence, UK employers must first apply for an application to UK Visas and Immigration (UKVI), on the other hand, non-EEA nationals must have a job offer from an employer that has made a successful sponsor licence application before they can apply to come to, or remain in the UK for work.

Main eligibility requirements for a Tier 2 Sponsor Licence application

· Company is capable of carrying out your sponsor duties and evidencing your compliance in an appropriate time frame and manner;

· UK company is a genuine organisation operating lawfully in the UK;

Besides, the company will need to submit company-related documents, some of them are mentioned below:

Certificate of Incorporation, CT600 tax return, and the CT603, Lease Agreement of the Commercial Property, Company Tax Return CT620, Hierarchy Chart of the Company, Latest Audited Annual Accounts, Latest Business Bank Statements and Other Documents.

When assessing a company or organisation for the grant of such licence, the Home Office conducts thorough checks on the company’s background to identify that:

  1. Is the company a genuine organisation operating lawfully in the UK?
  2. Is the company capable of carrying out your sponsor duties and evidencing your compliance in a time frame and manner as per regulation? 
  3. Is the company honest, dependable and reliable?
  4. Can the company offer genuine employment that meets the required skill level and appropriate rates of pay?

The companies that have been trading for less than 18 months are considered as “start-up” businesses and, for not being trading for a long period, undergo tougher scrutiny by the Home Office. For that reason, start-up companies are required to evidence that they have a current, corporate bank account with a bank registered by the Financial Conduct Authority in the UK and provide the following documents:

  1. a certificate of VAT registration;
  2. Proof of ownership or lease of your business premises;
  3. Evidence of Registration with HM Revenue & Customs (HMRC) as an employer to pay PAYE & National Insurance;
  4. a letter from your corporate banking provider, setting out the dealings it has had with you, including the nature and duration of those dealings;
  5. Current financial report or audited annual report with the name of the accountant clearly shown.

All those documents will need to be arranged and sent to the Home Office. To assess suitability criteria, the Home Office look at whether:

  1. They can visit and conduct checks to ensure that the sponsor duties are being complied with on an immediate, unannounced basis;
  2. The company has human resource and recruitment systems in place to meet, or continue to meet your sponsor duties;
  3. The owners of the company have an unspent criminal conviction for a relevant offence;
  4. The company can offer a genuine vacancy that meets the criteria of the category it is applying to be licensed for
  5. They have no evidence of the previous non-compliance by the company.

Once your company obtains the Tier 2 Sponsor Licence, it will be allocated with an initial amount of Certificate of Sponsorship. You will need to issue the candidate’s name to apply for an overseas worker to come to the UK for work.

 

Contact our Immigration Lawyers – Tier 2 Sponsor Licence

Mann’s Solutions is an international immigration law firm with offices in London, Hong Kong, and Moscow. We are specialised in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers are regulated by OISC (Office of the Immigration Services Commissioner) and IMC (Investment Migration Council).

For further information or to discuss your circumstances in a private consultation with our immigration lawyers in London Office, please contact us at enquiries@manns-solutions.com or call +44 207 993 63 46.