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Employers wishing to employ non-EU nationals in the UK firstly need to apply for a tier 2 sponsorship licence as part of the process for overseas nationals to come to the UK and take up employment under the tier 2 visa system.
In 2015 we have seen companies experiencing greater difficulties in obtaining and keeping tier 2 sponsorship licences. UK immigration is visiting companies more often to check that they meet the requirements for a tier 2 sponsorship licence. They are asking for additional documentation.
From April 2015 the Tier 2 sponsorship licence application process requires you to provide detailed information on the position you wish to fill with a Tier 2 worker. You also need to show that you cannot find a suitable resident worker who can fill the vacancy;
This new requirement is in addition to other documentation that employers already need to provide. Typical documentation may include annual accounts, office lease agreement, VAT registration certificate, etc.
Providing details of new job role difficult for some employers
For some UK employers, this additional requirement for a tier 2 sponsorship licence application could prove difficult. Some of the information needed, including salary details, the SoC (Standard Occupational Classification) code and job title, may not have been finalised.
When making a sponsorship licence application, a UK company must supply the Home Office with the information specified below for the job role. These details apply to the first job vacancy that a company wishes to fill with a highly-skilled foreign national under the Tier 2 visa scheme:
- Title of the job role
- A complete list of duties and responsibilities
- A salary and Standard Occupational Classification (SoC) code
- Details about the experience, qualifications and skills required to fulfil the job role
- A complete, up-to-date chart outlining the company hierarchy, which must include - everyone employed by the business, their position and job title. Information must also be given of any vacant job posts
- Whether or not the sponsor licence application is for a newly created post
- If a new post has been created, why has the role become a requirement?
- If the vacancy is not new, how long has the job role existed?
Tier 2 Resident Labour Market Test may be required
In addition to the information required above, a sponsor could be asked to prove that a job vacancy cannot be filled by the resident labour force. Therefore, evidence of a completed Resident Labour Market Test may be required. Sponsors would need to supply:
- Details of attempts made to employ a worker that already has the right to work in the UK. For example, job advertisements complete with job advert dates and advert duration.
- The number of people who applied, plus their details
- Reasons why those applicants who applied were not suitable for the job role
Workpermit.com can help with tier 2 visa sponsorship licences
If you need help with a tier 2 sponsorship licence or would like help with complying with your tier 2 sponsorship licence obligations workpermit.com can help. Call 0344 991 9222 for further details.
