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1 SPONSOR LICENSING

2 SPONSOR LICENSING If you want to employ someone from outside the EEA who does not already have the right to work in the UK, you will need to obtain a Tier 2 or Tier 5 Sponsor Licence. Our immigration barristers are well versed in preparing Sponsor Licence applications for employers and can guide you through the process of obtaining one, as well as complying with your sponsor duties. Our specialist immigration barristers work closely with employers to ensure that their immigration requirements are met. Providing a completely outsourced immigration service, we ensure that businesses obtain the right Sponsor Licence, maintain their licence at the highest rating and comply with their sponsor duties.

3 About us Richmond Chambers LLP is an award-winning partnership of specialist immigration barristers and other immigration law professionals. Based in the heart of London s Covent Garden, we are ideally located to service the immigration and visa requirements of businesses and employers. Winner of the Best Immigration Set of the Year UK award at the Global Mobility and Immigration Awards 2014, Winner of the Best Emerging Firm award at the MPF Awards for Management Excellence 2014 and Winner of the ABS of the Year award at the Modern Law Awards 2014, our forward-thinking barrister-led law firm delivers creative immigration law solutions to small, medium and large businesses within the UK and overseas. We pride ourselves on being approachable and proactive in understanding and meeting our clients needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to businesses as part of a professional and friendly service. For advice and assistance with applying for a Tier 2 or 5 Sponsor Licence or complying with your sponsor duties, contact our business immigration barristers and lawyers in London on or by to info@richmondchambers.com If you want to employ someone from outside the EEA who does not already have the right to work in the UK, you will need to obtain a Tier 2 or Tier 5 Sponsor Licence. Our immigration barristers are well versed in preparing Sponsor Licence applications for employers and can guide you through the process of obtaining one, as well as complying with your sponsor duties. We will simplify the process for you, ensure that you maintain your Sponsor Licence at the highest rating and help to protect you and your business from any immigration compliance issues.

4 What is Sponsorship? A non-eea migrant without an existing right to work must have a sponsor before they can apply to come to, or remain in, the UK for work. The sponsor will be an organization in the UK that wishes to employ a migrant. Sponsorship plays two main roles in a migrant s application for permission to come to, or remain in, the UK to work. It provides evidence that the migrant will fill a genuine vacancy that cannot be filled with a suitably qualified or skilled settled worker and it involves a pledge from the sponsor that it accepts all of the duties expected when sponsoring the migrant. Prospective sponsors can apply for a licence to employ migrants under either Tier 2 (skilled workers with a job offer) or Tier 5 (temporary workers) of the points-based system. Successful applicants are given a licence rating and are able to issue Certificates of Sponsorship if they have jobs that are suitable for sponsorship. A sponsor licence is valid for four years, after which it will expire.

5 When you need a Sponsor Licence If you want to employ someone who does not already have the right to work in the UK then you will need to sponsor them. All companies and organisations who want to sponsor their employees must obtain a Sponsor Licence. You can apply to have a Sponsor Licence that covers any of the following visas: J Tier 2 (General) J Tier 2 (Intra Company Transfer) J Tier 2 (Religious Worker) J Tier 2 (Sportsperson) J Tier 5 (Temporary Worker Creative and Sporting) J Tier 5 (Temporary Worker Religious Worker) J Tier 5 (Temporary Worker Charity Worker) J Tier 5 (Temporary Worker International Agreement) J Tier 5 (Temporary Worker Government Authorised Exchange) It is important that you apply for a licence that reflects your organisation s needs. However, you can apply to add more categories to your Sponsor Licence after it has been granted. Sponsor Management System Once you have your licence, you will be given access to the Sponsor Management System (SMS). This is an online portal where you can manage your licence. You must also use the system to report certain events, such as if a migrant fails to report to work. After you have been granted your Sponsor Licence, you will be able to generate a document called a Certificate of Sponsorship (COS) for each migrant you wish to sponsor. The COS will record the migrant s personal details and information about their employment. The migrant will then use this document to apply for their visa. Criteria for a Sponsor Licence In order to be granted a Sponsor Licence, UK Visas and Immigration (UKVI) will need to be satisfied that your organization meets the following four criteria: J You are a genuine organization operating lawfully in the UK; J You are honest, dependable and reliable. This applies both to the company and to relevant key personnel; J You are capable of carrying out your sponsor duties; J If applying under Tier 2 (General), that you can offer genuine employment that meets the required skill level and appropriate rates of pay.

6 Duties of a Sponsor All employers have certain duties to comply with immigration law, whether or not they are a sponsor. As a sponsor, you will also have the following additional duties: Record keeping: you will have to keep certain documents relating to all sponsored migrants and their employment with you. Reporting: you must report certain information and events to UKVI using the Sponsor Management System. This can include changes to a migrant s employment, a migrant being absent from work or changes to your business, such as a merger. There are strict deadlines for reporting. Complying with the law: you must continue to abide by all other applicable laws, such as employment, planning and tax law. Genuine vacancy: you must ensure that the roles that you sponsor migrants for meet the requirements of the tier and category. You must not exaggerate the migrant s job description to meet the requirements. Co-operation: you must co-operate with UKVI, who may wish to inspect your premises. If you fail to abide by your sponsor duties then you may be required to adhere to an action plan. If there are any changes to your company s structure or financial status, this may affect your licence. For example, if you are involved in a merger or if the business becomes insolvent. There is a specific procedure for transferring migrants under TUPE arrangements.

7 Applying for a Sponsor Licence If your organisation wishes to sponsor foreign workers to work in the UK, it will need to apply to UK Visas and Immigration (UKVI) for a Sponsor Licence. You must complete an application form, which is submitted online. You will then have to send certain documents to UKVI within 5 working days of the date on which the online application form was submitted. The documents that you will need to submit with your application will depend upon the type of organisation that you are and the tiers that you wish to sponsor migrants under. It is important that the documents are checked carefully, as there is no right of appeal if your licence application is refused. If you are refused a licence, you may not be able to apply again for up to five years, depending on the circumstances. You will need to appoint certain people as key personnel for the licence. There are four main roles: Authorising Officer: a senior person who will be responsible for the actions of staff and representatives who use the SMS; Key Contact: this is the person UKVI will contact about your licence; Level 1 User: this person is responsible for day-to-day management of the Sponsor Licence using the SMS. They can submit changes to the licence and report important events; Level 2 User: if you wish, you may appoint additional SMS users who have limited access to the system. Level 2 Users can draft and assign COS, as well as reporting certain migrant activity. Your Authorising Officer, Key Contact and Level 1 User may be the same person. You can appoint a UK-based immigration representative to fill any Key Personnel role, except the Authorising Officer. The people you appoint must be permanently based in the UK. Most key personnel cannot have criminal convictions for immigration offences or other serious offences. As part of your application, UKVI may inspect your business. This is to ensure that you are a genuine business and that you have appropriate systems in place to monitor migrant activity. Key personnel may be interviewed.

8 Allocation of Certificates of Sponsorship When you apply for your Sponsor Licence, you will be asked to estimate the number of COS that you will need for the first year that you are licensed. You can request more part way through a year. COS under Tier 2 are allocated each financial year, except for your first year as a Tier 2 sponsor. If you are hiring a migrant in the Tier 2 (General) category who will (a) earn less than 155,300 per year in a job which is not a shortage occupation; and (b) is overseas or a dependent of a Tier 4 Student, you will need to apply for a Restricted Certificate of Sponsorship. This can only be applied for once you have advertised the role in accordance with the Immigration Rules. Requests for Restricted Certificates of Sponsorship will only be decided once a month, so planning ahead is important.

9 Renewing a Sponsor Licence Your licence will expire 4 years after it was granted. If you wish to continue to sponsor migrants you must apply to renew the licence before it expires. It is good practice to apply one month before your licence expires. A Level 1 User can submit the application to renew your licence on the SMS. You may be asked to send additional documents to UKVI. If you fail to send UKVI these documents, they may downgrade, suspend or revoke your licence. Audits UKVI may decide to audit your office. This can be triggered by suspicions that you are not complying with your sponsor duties, or it can be random. If you are audited, UKVI will visit your premises and check that you are complying with your sponsor duties. They will inspect your recruitment and human resources procedures and will interview relevant staff, including sponsored workers. If you are found to not be complying with your sponsor duties, UKVI may downgrade, suspend or revoke your Sponsor Licence.

10 Rating, downgrading, suspending and revoking a Sponsor Licence Sponsors can be either A or B rated. All sponsors are awarded an A-rating when they are first granted a licence. A-rated sponsors have shown that they can meet their sponsor duties. A-rated sponsors can certify maintenance for their employees if they wish. This means that your employee does not need to provide separate evidence that they have funds to maintain themselves during their stay and can significantly speed up application preparation and processing times. After your licence has been granted, if UKVI find evidence that you are unable or unwilling to continue to meet your sponsor duties, they may either downgrade, suspend or revoke your Sponsor Licence. If your licence is downgraded to a B-rating, you will be given an action plan. This will contain the steps that you need to take to improve your Sponsor Licence rating to an A-rating. If you do not improve your systems and achieve an A-rating within 3 months, your licence will be revoked. Your licence rating is published on UKVI s list of sponsors, which is easily accessible to the public. If UKVI believe that you are breaching your duties and pose a threat to immigration control, your Sponsor Licence may be suspended. You will not be able to sponsor new migrants, but your current sponsored migrants will be unaffected. UKVI may then reinstate your licence, downgrade it or revoke it. If you are failing to meet your sponsor duties in a serious way or stop operating in the UK, your licence will be revoked. If your licence is revoked, any migrants you sponsor will have their leave curtailed. They will be given 60 calendar days to find alternative sponsorship or leave the UK. There is no right of appeal against a decision to revoke a Sponsor Licence. UKVI often issues press releases about revocation so it is important to ensure that you comply with your sponsor duties.

11 At Richmond Chambers LLP, our business immigration barristers assist employers to obtain Sponsor Licences for all tiers of the points-based system and all visa categories. We assist employers to ensure that they are complying with their sponsor duties and to prepare for audits. We also provide advice on immigration compliance and prevention of illegal working. For advice and assistance with obtaining or renewing a Sponsor Licence, please contact our business immigration barristers and lawyers in London on or by to info@richmondchambers.com. Seven Henrietta Street Covent Garden London WC2E 8PS Tel Fax info@richmondchambers.com