From November 2008 UKBA has replaced the old Work Permit system with point based system as Tier 2 sponsored skilled workers. Under the new PBS scheme, an employer must now apply for a licence to sponsor overseas workers wishing to apply to enter the UK or extend their leave to remain in UK. Once it has been granted a licence, it will then need to issue a Certificate of Sponsorship to any non-resident worker; it wishes to employ in the UK. The sponsored employee must then apply for a visa to enter or extend their stay in UK as a sponsored skilled worker under PBS Tier 2.
A Certificate of Sponsorship is issued by an employer for a named person to fill a specific position. It is not possible to obtain entry to the UK as a Tier 2 Sponsored Skilled Migrant without a suitable offer of employment from a company in the UK, authorised to issue such Certificates of Sponsorship.
If you want to employ skilled workers from outside the EEA in a permanent or long-term job, you must sponsor them under Tier 2 of the points-based system.
If you want to employ skilled workers from outside the EEA on a temporary basis, you must sponsor them under Tier 5 of the points-based system.
If a highly skilled migrant from outside the EEA is already in the United Kingdom under Tier 1of the points-based system, you can employ them without needing to sponsor them.
You must obtain a sponsor licence before you can employ skilled workers under Tiers 2 and 5.
|You must comply with your sponsorship duties.|
You must issue a certificate of sponsorship to each non-EEA worker who you want to sponsor, so that they can apply for a new visa or extension of their stay.
You must use the sponsorship management system to issue and pay for each certificate of sponsorship, and to fulfil your reporting duties.
The above rules are applicable to following;
There are four categories of skilled worker in Tier 2:
|Intra Company Transfer|
|Minister of Religion|
There are five categories of temporary worker in Tier 5:
|creative and sporting|
|government authorised exchange|
Before a migrant can apply to come to, or remain in the United Kingdom to study, he/ she must have a sponsor. The sponsor will be an education provider in the United Kingdom that wishes to provide education to a migrant. Sponsorship plays two main roles in the application process;
|It provides evidence that the migrant will study for an approved qualification; and.|
It involves a pledge from the sponsor that it will accept the duties of sponsoring the migrant.
The only available immigration route for full-time students is Tier 4 and prospective sponsors can apply for a licence in the following categories:
Tier 4 Child Student – will allow children between the ages of 4 and 17 to come to the United Kingdom for their education. Children between 4 and 15 years old may only be educated at independent fee-paying schools
Tier 4 General student – for all those wishing to come to the United Kingdom for their post -16 education
A Tier 4 sponsor is an education provider that offers courses of study to students.
The prospective employer or Education provider must have a licence to sponsor skilled or temporary workers under the points-based system. To get a licence a prospective sponsor must:
|complete the appropriate online application|
|pay the correct fee|
|provide proof that it is based in the United Kingdom|
be able to provide original or certified copies of the documents listed by UKBA to establish that it is genuine and operating or trading lawfully in the United Kingdom;
|meet the suitability criteria.|
show there are no reasons to believe that it represents a threat to immigration control; and
|agree to comply with the duties of sponsorship.|
All applications must be made by the prospective sponsor. A representative can help the sponsor to complete the application, but may not submit the application on sponsor’s behalf.
If your application is successful, UKBA will give you an A or B rating and add you to their published register of sponsors.
Before you apply, you must have good human resources systems and compliance in place so that you can monitor and keep records of the migrants you employ.
The prospective sponsor must name their Authorising officer, key contact and level 1 user on the application form. These roles can all be filled by the same person, or by a combination of different people. There can only be one authorising officer and one key contact, but a sponsor can appoint additional level 1 users once they have been granted a licence. Level 2 users can only be appointed after a licence has been granted.
While each of these tiers is meant to define clearly those who may benefit, the UK Border Agency has been applying rules relating to the provision of supporting evidence very strictly so extreme care must be exercised in making applications. There are also specific rules relating to the money you must have available to maintain yourself when you first arrive in the United Kingdom. Large numbers of applications in these categories which on their face ought to succeed are being refused because of the failure by applicants to provide all of the information and documentation requested or because of a failure to meet the maintenance requirements. It is therefore beneficial for you to apply through a legal professional who has expertise in UK immigration Law.
We at IDICULLA SOLICITORS will provide expert advice for obtaining sponsorship Licence at a Fee of £600.00 plus VAT.
You could get in touch with us by calling us on 02380 630 905 or you may contact us online by clicking the button below: