Tier 2 Sponsor Licence

A necessary criterion to be met with any application made for a visa under Tier 2 of the Points Based System is that the applicant must have a job offer from a licensed sponsor who will assign them with a valid certificate of sponsorship. This page explains what is meant by this.

Our expert immigration solicitors will provide you with professional guidance and advice with all aspects of the Tier 2 Sponsor Licence. This will include guidance on the application process and explaining the on-going duties of the sponsor and how to comply with these.

The Need for a Tier 2 Sponsor Licence

All employers who want to be a sponsor for the purposes of Tier 2 visa applications will need to apply for a licence. Mulberry Finch can assist you with your application for a Tier 2 Sponsor Licence, including the requirements to be met and the process involved.

The licence granted will either be an A Rated or B Rated licence. B ratings are transitional and indicate that you will be working with the UK Border Agency to improve your systems. We can provide guidance as to what this will involve and how to progress to an A Rated Licence.

Sponsors’ Duties under a Tier 2 Sponsor Licence

Our solicitors can provide you with advice and assistance on what is expected of you as a sponsor, and how to fulfil your duties which include:

• Issuing a Certificate of Sponsorship;
• Record-keeping duties: up-to-date contact details and a copy of the migrant employee’s passport/UK immigration status document; and
• Reporting duties, e.g. of absenteeism, any suspicions that there has been a breach of immigration controls by the migrant employee, etc.

Certificate of Sponsorship

The Certificate of Sponsorship is not a physical piece of paper. It is a unique reference number which holds the personal details of the applicant and information about the job in the UK.

The Certificate of Sponsorship must:

• Show the same details of the applicant as in their passport;
• Be assigned to the applicant from you no more than 3 months before the date the applicant applies for their Tier 2 visa; and
• Not be withdrawn by you or by the UK Border Agency.

If the Certificate of Sponsorship is not used to make an application under Tier 2 within 3 months of you assigning it to the applicant, it will cease to be valid. Any subsequent application using this Certificate of Sponsorship will therefore be refused. A new Certificate of Service will then need to be issued by you.

Our solicitors will advise you on what details must be held in the Certificate of Sponsorship and with any queries that you may have on the Certificate and how it is used in Tier 2 visa applications.

Changes to the Status of your Tier 2 Sponsor Licence

We will explain how the status of your Tier 2 Sponsor Licence can affect both the sponsor and the applicant in the circumstances of:

• The UK Border Agency taking action against the sponsor; and
• The sponsor’s licence being suspended or withdrawn or taken over or not renewed.

The application for and on-going duties under a Tier 2 Sponsor Licence can appear daunting. However, our expert immigration solicitors will assist you to understand the requirements and what is expected of you. So, if you would like to find out more about entering the UK and the need to have a licence, or if you need to apply for or have any queries on the Tier 2 Sponsor Licence, please call us today.