As an employer, you will need to apply for a sponsor licence to sponsor a non-EEA migrant under the Tier 2 (General) route. Once you are granted a sponsor licence you will be able to issue Certificates of Sponsorship (CoS) to non-EEA migrants through the Sponsorship Management System (SMS).
The sponsor is normally the employer and is responsible for paying the migrant employee. Potential sponsors must be aware of the prevention of illegal working legislation that came into force on February 2008. If your application is successful, you will be awarded an A rating and given a sponsor licence number.
Before making your application for a sponsor licence you should be aware of the duties you must take on. You must also understand the systems you should have in place so that you can satisfy the requirements expected by UK Visa & Immigration Agency (UKVI) compliance officers.
Compliance officers will visit your premises to make sure that you are able to carry out sponsorship duties. Visits can be announced or unannounced and you must be prepared for the checks. UKVI can take a number actions against you if they are not satisfied that you have shown this:
- Refuse your licence application
- Downgrade the rating of an existing sponsor
- Suspend, revoke a sponsor licence
There is no right to appeal against any UKVI’s decisions. They may be challenged by way of Judicial Review at the High Court.
If you have any questions in relation to applying for a sponsorship licence, contact our lawyers today on 020 7903 6888 or email contact@davenportsolicitors.com.