Tier 2 Sponsorship - complying with sponsorship requirements

If you have successfully registered as a licensed Tier 2 sponsor, you must now ensure that you keep the correct records:

As a Tier 2 Licensed Sponsor, you will need to ensure that:

  • the Tier 2 migrant intends to, and is able to do the specified job for which he is sponsored
  • the job offered is at least at the relevant NQF Level
  • the Resident Labour Market Test was conducted correctly
  • If Tier 2 Intra – Company employees, you will need to ensure that the employee has been employed for the requisite period.

 

If the sponsored worker is absent from work for more than 10 working days, without your permission, you must report.

 

You must report.

 

If the sponsored worker needs to be registered to work in the UK, and this registration ends, you must report.

 

If you stop sponsoring the worker for any other
reason, you must report.

 

If there are any significant changes in the worker’s circumstances.

 

If you have any information with suggests the sponsored worker has breached their conditions, you must report.

 

If you have any information which suggests that the worker may be engaging in terrorism or other criminal activity, you must report.

 

Compliance

  • Ensure the Tier 2 sponsored worker is:
    • legally entitled to do the job in question
    • has the relevant accreditation
    • is registered with the relevant professional accreditation;
  • You hold all necessary accreditations and authority to run your organization
  • Only Tier 2 workers are assigned Certificates of Sponsorship if the relevant UKVI criteria is met
  • Ensure the recruitment practice is compliant with the UKVI policy guidelines and immigration rules.

Audit

As a Tier 2 Sponsor Licence holder you must ensure that you comply with all of the above requirements, and keep the necessary paperwork. This will avoid the possibility of employing workers illegally and avoiding the imposition of Illegal Penalty Notice.

In order to ensure that you retain the necessary information in relation to your Tier 2 workers and that you have the necessary safeguards in place to ensure continued compliance, we recommend that your systems are audited. We can provide a Tier 2 Compliance Audit of your HR systems.

The law and practice referred to in this article has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.

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