What happened with Tier 2 and Tier 5 route?
Following the end of EU Free Movement and changes to the Immigration Rules means that from 01 January 2021 all EU and non-EU nationals coming to the UK to work will need to be sponsored by an organisation that holds a sponsor licence.
Previously the route was for people that needed to employ someone under the Tier 2 or Tier 5 route but that has now changed with the introduction of the Skilled Worker Visa which has brought some welcomed changes to the route.
At NIDO we have helped clients obtain this new licence following the changes which have come into place for businesses who wish to employ someone from outside of the UK.
This also includes EU Nationals who were not in the UK by 31 December 2020, therefore any EU National that is now required for a job role in the UK also falls into the same category of persons who are from any other part of the world and have been offered a job in the UK.
EU Nationals who were already in the UK or are in the UK do not need to be sponsored in this way to get a job, Irish citizens also do not need this sponsorship if they are seeking a role with a business in the UK.
Therefore, the rules which are in place now mean that all EU and non-EU nationals who are coming to the UK to work must be sponsored by a licenced employer with a sponsorship licence.
What is a sponsor licence?
A sponsor licence enables a UK business to employ foreign workers in the UK.
The Immigration Rules provide 3 main routes for non-UK residents who are working in the UK, these are:
The Skilled Worker Visa
There are a number of rules and guidance’s that must be followed by the employer to ensure that they do not fall foul of the requirements as each of the above requires sponsorship by a business that is a licences employer with a sponsor licence.
In order to employ a worker from outside of the UK now any business would need to apply to the Home Office for a sponsorship licence. Once the licence is obtained the employer will have permission to sponsor workers as employees.
The purpose of this licence is to ensure that illegal working is prevented and there is no misuse of the immigration system hence why there are so many requirements that need to be met even after the sponsorship licence has been approved.
NIDO will be publishing a very detailed post explaining the sponsor licence application process in detail very soon so please do keep checking back.
Our Business Immigration Solicitors based in Birmingham are well experienced in this sector and have obtained positive results for businesses from across the UK already.
Some of our examples have been shared and can be viewed via the links here.
If you are an organisation that needs help with employing workers who are from outside of the UK you would require advice and assistance in being able to obtain the sponsor licence.
The sponsor licence application is a difficult application to make and navigate through, although the form itself is very small the requirements that you need to meet must be checked and scrutinised before any application is submitted with UK Visas and Immigration.
Once the application has been submitted and granted the real responsibilities start there as the Home Office would expect you to meet the requirements every single day while you hold the licence, our firm is able to advise on these requirements also to ensure that once you have the licence you keep it and do not lose it because a small minor issue was not addressed by your organisation.
As a specialist Business Immigration Solicitors firm we are able to handle your businesses sponsorship licence needs to employ skilled workers from outside of the UK.
We have an experienced team of solicitors who have years of experience in dealing with sponsor licence applications who can guide you through the whole process with ease, all you need to do is contact us for a telephone conference to see what we can do for you.
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