Tier 2 - Work Permits
If you would like to apply to the Home Office for a Sponsor Licence because you intend to assign a license to a migrant who wishes to work for your organization in the UK then you should take the following information into account before you make your application.
What We Would Advise
We would advised you that before you can assign a licence to your intended employee you will first need to be registered with the Home Office as a sponsor. Once you get your licence then your organization will be added to the register of sponsors. The register of sponsors is a database that contains information about organisations that are authorized to assign a licence. Typically, the register will contain your name, location and rating. Your initial rating will most likely be a B rating as this is normally allocated to those who are new to the register. Your rating may be upgraded to an A rating once your organization is deemed to have an effective sponsorship action plan in place.
You should also note that you can either employ a migrant whose employment falls under the shortage occupation list or in circumstances where you have undertaken the resident labour market test and your intended migrant is still the most suitable candidate for the job. The Home Office website contains a list of which occupations are currently on the shortage list. You should also be aware that under the shortage occupation route an employer must still show that the migrant will be earning the minimum salary for the profession and must have suitable qualifications in order to score additional points. The resident labour market test is the process an employer must follow before employing a person who is not a permanent resident of the United Kingdom. You will be required to show that no suitable resident worker could be found to take a job. The Home Office website contains further information regarding what constitutes passing the resident labour market test and we have summarised those details below:
"Job offer passes Resident Labour Market Test
78. Points will only be awarded for a job offer that passes the Resident Labour Market Test if:
(a) the Sponsor has advertised (or had advertised on its behalf) the job as set out in Tables 11B and 11C below; and
(b) The advertisements have stated:
(i) the job title,
(ii) the main duties and responsibilities of the job (job description),
(iii) the location of the job,
(iv) an indication of the salary package or salary range or terms on offer,
(v) the skills, qualifications and experience required for the job, and
(vi) the closing date for applications, unless it is part of the Sponsor's rolling recruitment programme, in which case the advertisement should show the period of the recruitment programme; and
(c) The advertisements were published in English (or Welsh if the job is based in Wales); and
(d) The Sponsor can show that no suitable settled worker is available to fill the job unless the job is in a PhD-level occupation listed in Appendix J. Settled workers will not be considered unsuitable on the basis that they lack qualifications, experience or skills (including language skills) that were not specifically requested in the job advertisement; and
(e) The Certificate of Sponsorship Checking Service entry contains full details of when and where the job was advertised, and any advertisement reference numbers, including the Universal Jobmatch (or other Jobcentre Plus online service) or JobCentre Online vacancy reference number where relevant."
You should discuss you proposals to satisfy the labour market test with your Solicitor in advance because although it is always good practice to advertise the post in certain circumstances you may be exempt from that requirement. If you are not exempt then in most cases you will be required to advertise the post for at least 28 consecutive days within the last 6 months prior to your assignment of the Certificate of Sponsorship. If in doubt please call your Solicitor to discuss this further.
If your intended employee is offered a new graduate job or internships then you must insure that the post was advertised for at least 28 days within the last 4 years before you assigned the Certificate of Sponsorship to the applicant.
You should also note that there are strict rules regarding advertising and ordinarily it is best to advise us on what advertisements have already been undertaken for the post. If you have not already advertised the post then you should not do so before speaking to us because there a number of exemptions that apply that mean you may not need to advertise the post in order to comply with the labour market test.
We are confident that we can provide the right kind of advice. We believe this because we have a wealth of experience in dealing with all types of immigration matters from initial application right through to Judicial Review in the High Court. Our Solicitors have been advising client’s on immigration matters collectively for over 23 years. So we can honestly say ‘we know our stuff’.
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Our website contains some general information regarding UK Immigration Rules and Regulations. However, if you require specific advice related to your case then you should speak to one of our advisors. You can contact our Leeds office on 0113 2441911 or Manchester on 0161 638 8692.
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