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How do I comply with my duties as a Tier 2 Sponsorship licence holder?
The tier 2 Sponsorship licence allows employers to recruit workers from outside the EEA. However in order to have the privilege of doing so, the employer will need to ensure that they understand and adhere to their duties as a tier 2 Sponsor Licence holder. We have summarised below a brief description of what this entails.
Sponsorship Duties under Tier 2
Record Keeping – The Sponsor is required to maintain a file for their existing tier 2 migrants containing the specified documentation as outlined in the published guidance.
Reporting – As a tier 2 Licence holder, you have an obligation to report the certain migrant activity to Home Office within 10 days in the following circumstances:
- If a sponsored worker does not turn up for their first day of employment
- If the sponsored employee is absent from work for more than 10 days;
- If you terminate the sponsored worker’s employment;
- If there are any substantive changes in the worker’s employment status.
- If a sponsored worker’s employment is affected by TUPE or similar protection
Compliance – In order to demonstrate that you comply with your obligations as a tier 2 Sponsor as set out in Tiers 2 and 5: guidance for sponsors, you will need to ensure the following:
- You are genuinely trading in the UK;
- You will need to ensure that you retain the correct documents on file for your tier 2 Migrant workers;
- You will need to ensure that your update via the SMS portal any changes relating to Your business or your tier 2 general employees;
- As a tier 2 Sponsor you will need to ensure that you have the relevant accreditation to conduct your business;
- Ensure that you employ the tier 2 worker at the appropriate level and pay the appropriate salary;
- Ensure that migrant workers employed under tier 2 visa are capable of doing the job they are sponsored to do;
- In relation to tier 2 Intra – Company employees, the employee has to be employed for a requisite 12 month period in the overseas company;
- Ensure that you only assign a restricted certificate of sponsorship once you have met with the resident labour market requirement;
- You keep up to date with the latest changes and updates to the tier 2 Sponsorship licence process; and
- That you do not represent a threat to immigration control.
As the home office continues to update their policies on a regular basis, it is advisable to seek advice if your circumstances have changed recently.
How can OTS Solicitors assist with your Tier 2 sponsorship licence compliance duties
- Advise clients on the latest changes to the Immigration Rules;
- Conduct a tier 2 compliance audit of your existing HR systems and tier 2 Migrant files to ensure that you have the necessary safeguards in place to continue to comply with your obligations as a tier 2 Sponsor;
- Advice on core duties assigned to the authorising officer, key personnel and Level 1 user;
- Assist with preparing for home office compliance visits;
- Assist with challenging negative UKVI audit inspection findings;
- Requesting additional certificates of Sponsorship when required and assigning them to the relevant applicants;
- Conducting an annual review of our clients’ files to ensure compliance with duties under the Points Based System including new employee checking procedures, reporting and recommending changes; and
- Assisting with tier 2 General and tier 2 Intra Company Transfer visa applications;
Contact us for further advice on your specific case or to get more information about tier 2 Compliance and Audit from one of our specialist immigration solicitors. To contact us please call 0207 936 9960 or submit your enquiry here.