How to identify UK Sponsor Employer under Tier 2 General Visa.

Tier 2 General Visa

(This article was updated on 04/07/2020)

UK based business looking to hire talent from outside the European Economic Area (EEA) or Switzerland, are subject to submit Tier 2 Sponsor Licence application so you may sponsor a Tier 2 (General) migrant. Tier 2 General visa entry parameters are varied and can appear stringent and are premised on the fact that there is a ‘genuine vacancy’. The Home Office publishes a Tier 2 sponsor list, called the Register of Licensed Sponsors, which lists all UK employers that hold a valid Tier 2 sponsorship license which empowers them to employ skilled non-EEA national workers.

For those aspiring to migrate on Tier 2 work visas, the Tier 2 sponsor list can be a valuable means to aid in the search for suitable job offers from UK employers holding a valid Tier 2 Sponsor license.

The Tier 2 sponsor list is a published record of organizations licensed to sponsor non-EEA migrant workers under Tiers 2 and 5 of the points-based system and framework. It is formally entitled as the ‘Home Office Register of Sponsors Licensed Under the Points-Based System’. The list is updated and restructured periodically. It recently demonstrates 31,313 sponsors registered under Tier 2 and Tier 5.

The sponsor list incorporates information about the classification of workers (Tier 2/Tier 5) a UK employer is licensed to sponsor and their certificate of sponsorship rating. A sponsor might be authorized or licensed under more than one Tier and may have various ratings as well as evaluations for every tier.

There are four classes or categories under the Tier 2 sponsor licence route:

• Tier 2 (General) – to empower non-EEA nationals to accept an employment opportunity that can’t be filled by an appropriately qualified or skilled settled worker. This comprises of workers going to the UK to fill shortage occupations, i.e.; there are insufficient workers in the domestic labour market to fulfil demand.

• Tier 2 (Intra-Company Transfer (ICT)) – to empower existing employees who are non-EEA nationals to be shifted to a UK branch.

• Tier 2 (Sportsperson): to empower world-class athletes and coaches who are globally established to be situated in the UK.

• Tier 2 (Minister of Religion): to empower religious workers to accept employment under the purview of the faith community in the UK.

Most of the sponsors on the Tier 2 sponsor list are licensed under Tier 2 (General). Under this tier, employers are required to advertise any job offered to a non-EEA migrant worker if it does not appear on the Shortage Occupation List. This is known as the ‘resident labour market test’ (RLMT) prerequisite, to demonstrate that there are no appropriate workers already residing permanently in the UK and that the vacancy revealed and offered is genuine in its truest sense.

For every company on the Tier 2 sponsor list, there is a sponsorship rating. A sponsor licence can be evaluated or rated either ‘A’ or ‘B’. The Home Office will only grant a licence to those, who are capable to accomplish an A-rating, i.e.; the employer has set up viable human resource systems and frameworks to have the potential to meet their sponsor obligations. After the Tier 2 sponsor licence has been sanctioned, if the Home Office discovers substantial evidence that an organization is unable or reluctant to consistently fulfil its sponsor obligations, or there is evidence of immigration non-compliance, this may lead to the downgraded rating of ‘B’ (the sponsor would not be able to sponsor any new non-EEA national migrants), or the sponsor licence being suspended or in the most serious instances, revoked. If your sponsor loses their licence, the certificate of sponsorship will be cancelled and you may need to leave the UK.

When seeking for suitable sponsoring employers, you ought to make a list of companies or organizations from the Tier 2 sponsor list respective to your industry. Then you would be able to search through every organization utilizing online job search destinations (sites, portals etc.) to identify those advertising vacancies. The sponsoring employer should guarantee that any advertised jobs meet the Tier 2 skill and salary levels. To be granted a Tier 2 (General) visa, the job offer has to be, under the regulated Qualifications Framework (RQF) level 6 or above. In major cases, the minimum salary prerequisite is at least £20,800 per annum for ‘new entrants’ or £30,000 for ‘experienced workers’ – or the suitable rate for the specific job on offer, whichever is higher. The suitable rates of compensation for every job are set out under the Codes of Practice for skilled workers under the Immigration Rules [Table 2 – Occupations skilled to Regulated Qualifications Framework (RQF)].

If you want to apply for Tier 2 Sponsor licence or want to apply for a certificate of sponsorship for your workers in the UK, you can speak to our UK Tier 2 Sponsor Immigration Experts on +91 22 2850 9857 or +91 9819 025 362. or email us at info@smi.legal for further clarifications and queries. You can find our presence in New Delhi, Chandigarh, Bengaluru as well as Mumbai being our registered office along with international boundaries extending to London.