Applying for a Sponsorship License
Fixed Location
- Needs to be genuinely trading business with fixed premises. Home office are are very traditional and they want some sort of footprint with a fixed office address. They very strict about sponsor licenses.
- "They want to see the Company name on the door and a receptionist answering the phone."
- You could have a Regus dedicated office but reception needs to know which office you are based in
- You could have an alternate location and that is ok.
- Can't do hot desking.
Assessment process for Sponsorship license
- Company must be viable - profitable or funds to keep it going
- Fixed location (see above)
- They look at you on Companies House
- They look at your visa status, your character
Migrant tracking and monitoring - of sponsored candidate for Tier 2 General
- You have to demonstrate that you know what the candidate is doing (if they are working from home) e.g. we had a client where the individual had 2.5 days out of Regus and 2.5 days work out of home. They had complete time sheets.
- You have to have a process to know what the candidate is doing. You have to show proof e.g.
- We are constantly on the phone together
- Lots of email trail between the individual and the employer
Positive obligations that Sponsor must comply with. Notify Home Office if:
- Moving address. No need to notify if you are moving within the same building.
- Company changes name
- Company is acquired
- Two different locations
Advertising for the role
- People who have a Tier 4 student visa can convert into Tier 2 (General) without an advertisement. Conditions:
- They must have obtained the certificate (degree level)
- Awarding body must be a UK institute
- If you are offerring a role to someone not in the above category (e.g. INSEAD students), you have to advertise and it has to meet specific home office guidelines
- Where you advertised
- What is the content of the advertisement
- How long has the Ad been placed for
- Advertising roles - do NOT discriminate that you only want people with work authorisation
- Put out an ad. Don't say anything about the right to work
Option for the candidate to get a visa on their own
- Innovator visa - need to meet some specific conditions
- Exceptional Tier 1 visa - quite difficult to get
- Tier 2 dependant - but if the spouse/partner gets fired, they have an issue too
- Youth mobility visa - only valid for 2 years.
- Have to apply for this in country of origin (e.g. Australia, Japan). You can't convert from Youth Mobility Visa from Tier 2. The individual has to go back to his/her Country.
- Takes about 5 days - 3 weeks.
- Ancestry visa... British born grandmother or grandfather.... you can get a 5-year visa. At the end, you can ILR assuming you have "good character"
Assuming Hard Brexit post 31.12.2020
- As of 1/1/2021 - if you have license, then you can use this to sponsor both EU and non-EU candidates
- If you don't have a license, you only hire UK candidates. Unclear whether non-UK citizens can come into the UK using some kind of points based system.
- Tier 2 general - business gets a license.
EU citizens working in the UK before hard brexit (assuming it is still 31.12.2020)
- Must arrive before Dec 2020.
- Apply for a pre settlement visa using a App.
- Apply no later than end of June 2021.
Other - tier 4 conditions
- 20 hours work during term time.
- Unlimited work outside term time.