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Tier 2 Work Permit Visa and Sponsorship Licence
We understand that in order for your business to succeed in today’s competitive markets, you will require highly skilled workers and therefore access to the best possible candidates from around the world is crucial for your business. Our corporate immigration solicitors assist businesses to meet the requirements for Sponsorship Licences and ensure employers hire Tier 2 highly skilled migrant workers in compliance with the UK Immigration Rules.
We are here to help you with all types of Sponsorship Licence matters whether it is:
Tier 2 Sponsorship Licence Applications
Tier 2 Sponsorship Licence Audits and Compliance
Tier 2 Sponsorship Licence Renewals
Tier 2 Sponsorship Licence Revocations
Steps to hire a non-EEA national as a Tier 2 (General) skilled migrant worker under the UK Points Based System
If you are an employer in the UK who wishes to employ non-EEA nationals under the Points Based System, then you must hold a Sponsorship Licence which is usually valid for four years. A Sponsorship Licence can be considered to be an agreement between your business and the Home Office to confirm that you will comply with the Sponsor duties in return for providing you with permission to employ Tier 2 (General) highly skilled migrants under the UK Points Based System.
The Sponsorship Licence is issued by the Home Office and once the Sponsorship Licence expires after four years, the employer must renew the Licence if the company intends to continue employing Tier 2 (General) migrants. Please click here for our page on Sponsorship Licence Renewals for a detailed discussion on renewing a Sponsorship Licence.
There are two types of licences that employers in the UK can obtain:
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a licence to hire skilled long-term workers under the Tier 2 (General) visa category; or
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a licence to hire skilled temporary workers for those under the Tier 5 visa category of the Points Based System.
How do employers apply?
The application for a Sponsorship Licence must be submitted online via the Sponsorship Management System (SMS). The Home Office therefore requires businesses to appoint one or more members of their existing staff to the following sponsorship management roles:
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Authorising Officer
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Key contact
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Level 1 user (responsible for the day to day management of the licence)
Employers must further demonstrate that:
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The business is a genuine organisation trading lawfully in the UK
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The Human Resources department is competent, organised and knowledgeable on the business’ duties and responsibilities as the Sponsor of Tier 2 (General) highly skilled migrant workers
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Any key staff members appointed to handle and maintain the Licence are of good character, organised and reliable
The Home Office publishes a guide referred to as the Shortage Occupation list which provides a list of all roles that employers struggle to fill with UK settled workers. If the required role by your business is not on the Home Office Shortage Occupation list, then you will need to advertise the position in the UK before making enquiries overseas which is referred to as the Resident Labour Market Test (RLMT).
If your application is approved, you will receive a sponsorship rating. An ‘A’ rating means you can begin employing Tier 2 skilled migrants from overseas and your business will be added to the list of registered sponsors. If you fail to meet the sponsorship obligations and duties imposed on you as a Sponsorship Licence holder, your rating can be downgraded and eventually revoked or suspended if you fail to take the necessary steps to meet your duties. Please click here for detailed guidance on the revocation of Tier 2 Sponsorship Licence.
It is important to note that as an employer, you are responsible for monitoring all Tier 2 (General) skilled migrant workers’ immigration statuses, and you must report any issues or changes to the Home Office immediately. Please click here for further information on sponsor duties and compliance requirements.
Tier 2 migrant visas under the UK Points Based System
The Tier 2 visa category is part of the UK’s Points Based System allowing highly skilled workers from around the world to be sponsored by UK employers to secure Employment in the UK. The most common types of visas within the Tier 2 Points Based System category include:
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Tier 2 (General) visa
– this category relates to the Skilled Worker and is suitable for people that can offer a skill in the UK that is needed and which will fill a gap in the labour force
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Intra-Company Transfer (ICT) visa
– this category applies to non-EEA nationals who transfer to the UK branch of their company
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Sports Person visa
– this category applies to professional coaches and athletes
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Minister of Religion visa
– this category is suitable to you if you are offered a job within a faith community in the UK
In order to successfully obtain a grant of leave as a Tier 2 (General) skilled migrant, the job must first meet the following requirements:
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The employer must assign a Certificate of Sponsorship to you, and in order to do so your employer must have a Tier 2 Sponsorship Licence as discussed above
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The prospective Tier 2 (General) migrant holder must satisfy the required level of skill for the role.
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The UK employer must offer the minimum remuneration (appropriate salary) which is dependent on the role to be filled.
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The prospective Tier 2 (General) migrant holder must satisfy the maintenance requirement.
If you are successfully granted a Tier 2 (General) migrant visa, you have leave to enter/remain in the UK for three years following which you may be eligible to apply for an extension. Once a non-EEA skilled worker has been residing in the UK for a continuous period of five years, they may be eligible to apply for indefinite leave to remain (ILR).
Recent Changes
Immigration law is constantly changing and becoming increasingly complex and at times the changes may seem ambiguous. The recent updates impose certain changes for employers to consider when sponsoring Tier 2 (General) skilled migrant workers from 6th April 2016, including:
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Most Tier 2 visa immigrants from outside the European Economic Area (EEA) must be earning £35,000 or more to qualify for UK Indefinite Leave to Remain
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Nurses and four technology jobs (product manager, data scientist, senior developer and cyber security specialist) have been added to the s Shortage Occupation List(November 2015)
From the 24th November 2016, the following requirements have been implemented:
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Increasing the Tier 2 (General) salary threshold for experienced workers to £25,000, with some exemptions
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Increasing the Tier 2 (Intra-Company Transfer) salary threshold for short term staff to £30,000
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Reducing the Tier 2 (Intra-Company Transfer) graduate trainee salary threshold to £23,000 and increasing the number of places to 20 per company per year
If you are an employer who holds a Tier 2 sponsorship licence or you are intending to apply for a Sponsorship Licence, you must remain well informed of the regular changes made to the Immigration Rules and other relevant legislation. Failure to adhere to the changes in Immigration law will render any application unsuccessful as it is the employer’s obligation to ensure that they are able to satisfy the relevant requirements.
How we can assist
We have successfully established a Sponsorship Licence and Compliance Team who are committed to providing your business with guidance every step of the way. Our solicitors from the business immigration team led by Mr Paul Gulbenkian and Ms Teni Shahiean will ensure that your immigration application is completed successfully, and that you remain compliant with the requirement for this visa category throughout your stay in the UK.
Our corporate immigration solicitors can advise you and/or your business associates on:
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Sponsorship Licences
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Guidance on complying with the illegal workers policies and duties as a Sponsor
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An array of applications under the PBS including Tier 2 (General) visa
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Applications for Temporary workers
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Global Migration planning
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Refusals and JR
Please contact our offices on 0203 959 9123 for detailed advice catered to you and your needs whether you are multinational company or an individual hoping to secure your future in the UK.
Tier 2 Work Permit Visa and Sponsorship Licence subsections
Sponsorship Licence Application
If you are UK company wishing to recruit talent from outside the EEA, you will require a Sponsorship Licence from UK Visas and Immigration. Our Immigration solicitors have years of experience advising employers on how to obtain and maintain an A rated Sponsorship Licence and are regarded as one of the best Immigration legal teams in London.
Our Immigration solicitors, is led by Teni Shahiean, a highly regarded Immigration and Employment solicitor who has been recognised in the Legal 500 and by the Law Society of England and Wales for her expertise in Immigration law. Teni and her team will listen to your recruitment requirements and provide you with full support when collating the required documentation and completing the application form. We will also use our contacts at UK Visas and Immigration to ensure any questions or concerns they may have about your application are answered efficiently and effectively.
Eligibility criteria for applying for a UK Sponsor Licence
A potential sponsor must:
- be genuine and operating or trading lawfully in the UK
- be based in the UK
- hold the appropriate planning permission or Local Planning Authority consent for the type of business operated at the trading address
- be 'honest, dependable and reliable'
- not represent a threat to Immigration control, and
- be willing and able to comply with the sponsor duties and responsibilities.
If a sponsor is a food business, it must hold appropriate registration with, or approval of a relevant food authority.
There is a specific sponsor applications team at UK Visas and Immigration which considers applications for sponsorship.
The sponsor must be able to meet the criteria of each specific category or tier for which it is seeking the licence.
UK Visas and Immigration takes a rigorous approach when investigating whether or not the applicant is willing and able to comply with his or her sponsor duties. Applicant organisations are being asked more detailed questions about, and for documents evidencing, various aspects of their corporate structures/ownership or staff hierarchies, the nature of their business, and so on. Our specialist Immigration team will advise you on proving your competence in this requirement to UK Visas and Immigration officials, so your application is approved without delay.
The suitability assessment
Once the UK Visas and Immigration is happy as to a potential sponsor's eligibility, it will then look to whether or not it is suitable to receive a licence. UK Visas and Immigration will consider the applicant organisation under the four broad suitability categories:
- if it has effective human resources systems to be able to fulfil its sponsor duties
- if it or any of its associated persons have:
- been given a civil penalty for employing an illegal worker
- been given a civil penalty within the last five years under any of the legislative provisions listed in Appendix C other than in relation to illegal working
- have any unspent convictions for a relevant offence or any of the offences listed in Annex 7of the Points-Based System Sponsor Guidance (SG)
- if the organisation has a previous record of non-compliance or poor compliance with the duties of sponsorship or is employing any migrants (whether sponsored or not) who are in breach of their conditions of leave
- if it is able to offer 'genuine Employment' which meets the Tier 2 (General) criteria on skill level and appropriate rate—this is explicitly stated in the Introduction to the SG to apply only to applications for licences in the Tier 2 (General) category, but elsewhere in the same document it is clear that the same considerations will apply to whichever Tier 2 category is being applied under
There are additional, potentially much wider criteria, in particular the requirements of honesty and dependability, and compliance with the law in other spheres than Immigration.
The suitability assessment may include a visit from UK Visa and Immigration Officials. Your solicitor, who will manage your case from beginning to end, will help you prepare for the visit and be present when the officials are visiting the premises, allowing you to be confident that you are fully prepared and supported.
Why choose OTS Solicitors
Our Immigration lawyers want to celebrate your commercial success. By getting to know and developing an understanding of your business, we will ensure your application for a Sponsorship Licence is approved. By instructing us, you will have confidence that you understand both the process and the obligations and responsibilities that a UK Employer Sponsorship Licence entails.
To discuss applying for a UK Employer Sponsorship Licence or if you have any questions in relation to recruiting skilled workers from outside the EEA, please feel free to contact our UK Immigration team on 0207 936 9960. We will gladly assist you to obtain the best outcome for your matter.
Employers and Tier 2 Sponsorship Licence Management Service
Employers who wish to hire talent from outside the EEA need to acquire a Sponsor Licence. The application process and the ongoing responsibilities that come with having a Sponsor Licence can be daunting; however, you can rely on our immigration solicitors to make obtaining and maintaining a licence simple, fast and stress-free.
Getting to know your business
Our immigration lawyers partner with businesses who engage us to manage their Sponsor Licence application and ongoing compliance matters. We take the trouble to find out about your business, your commercial ambitions and how you want to structure your recruitment processes over the next two to five years. This puts us in a position to advise you on:
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Whether the positions you need to fill are on the Shortage Occupation List. If they are not, you will not have to advertise the position within the UK before recruiting from abroad.
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Applying for your Sponsor Licence.
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Your existing HR policies and procedures and steps that need to be implemented to ensure you can meet your sponsor obligations.
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Assisting successful applicants for the position on obtaining their Tier 2 work visa.
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How to maintain full compliance with Home Office regulations and maintain your A-rating.
Why you need an experienced immigration solicitor
The Home Office has consistently toughened up rules and regulations as they apply to Sponsor Licences over the past few years. Not only do organisations have to meet strict criteria to be granted a Sponsor Licence, they must have strong HR systems in place to meet compliance requirements and be prepared for Home Office audits, which are often unannounced.
Our immigration lawyers are led by Teni Shahiean, who has been recognised in the Legal 500 and by the Law Society of England and Wales for her in-depth knowledge of both employmentand immigration law. Teni has a degree in both business and law, and she and her team regularly assist clients by conducting mock audits. By checking HR policies, and your Sponsor Licence Management procedures, our immigration lawyers can analyse the strengths and weaknesses of your current systems, and put in place a strategic plan to ensure they are fully up-to-date and can cope with Home Office compliance requirements.
Under the Immigration Act 2016, employers now face harsh penalties if caught employing illegal workers. Prior to the introduction of the new Act, employers were liable to criminal prosecution for employing an illegal worker only if they had actual knowledge of having done so. The 2016 Act extends the existing criminal offence to also cover the situation where an employer has “reasonable cause to believe” that someone is an illegal worker. The Act also increases the maximum prison sentence for either offence from two to five years.
The 2016 Act also gives the Home Office the power to shut down businesses for up to 48 hours if there is evidence of an organisation employing illegal workers and evading sanctions. If the employer can prove they have conducted the right to work checks, the closure notice may be withdrawn. However, if right to work checks have not been carried out, the business may be placed under special compliance requirements, as directed by a Court. This can include continued closure for a period, followed by re-opening subject to compliance inspections and the requirement to conduct right to work checks.
Our team of immigration lawyers will ensure you are up-to-date with changes in the law and understand how and when to check employees’ immigration status. By engaging us to advise you on your Sponsor Licence Management, you can be confident that your business is fully compliant with UK immigration law.
Let us help you grow your business
Our immigration lawyers are experts in their field. We take away the time-commitment and stress of keeping up to date with ever-changing immigration regulations and Home Office policies, by ensuring that relevant staff in your organisation understand what is required to maintain an A-rating on a Sponsor Licence.
We provide fast, proactive, friendly service to organisations ranging from small- operators to SMEs to large, multi-national corporations. We invest heavily in legal research materials; so our clients are confident that we know about forthcoming regulation changes well in advance.
If your Sponsor Licence has been downgraded, we will help you develop a plan to recover your A- rating as soon as possible.
To find out more about our Sponsor Licence Management, please feel free to contact our UK immigration solicitors on 0207 936 9960. We are here to help ensure you are in full compliance with your Sponsor Licence obligations.
Sponsorship Licence Audit and Compliance Service
Applying for and even receiving your UK Sponsorship Licence is only part of the work required by the Home Office for employers who wish to recruit talent from outside the EEA. Home Office officials may visit your premises unannounced, to audit your policies and procedures and ensure you are complying with your sponsorship responsibilities.
Our immigration solicitors are a fast-acting, dynamic team. When it comes to assisting employers with their compliance obligations, we are proactive; always ensuring that your policies and procedures are compliant with the latest changes in immigration law.
Our team
Our immigration lawyers are led by Teni Shahiean, who has been recognised in the Legal 500 and by the Law Society of England and Wales for her in-depth knowledge of both employmentand immigration law. Teni has a degree in both business and law, and has an in-depth understanding of the commercial requirements of organisations who need to employ talent from outside the EEA. She has appeared on Sky1, the BBC Victoria Derbyshire program and Share Radio, and is regularly sought to provide opinions on immigration law from British and international journalists.
How we assist with Home Office audits
The recent Byron Hamburgers immigration raid, where workers were called in to what they thought was a health and safety meeting, and instead were met with Home Office officials who deported the workers who were in the country illegally, highlights the need for robust compliance procedures. The hamburger business suffered weeks of bad publicity following the incident, and had to temporarily close a branch in London due to protests about the alleged ‘sting’ on its employees.
Our immigration solicitors will ensure that your policies and procedures are always up-to-date. In the past, visits from the Home Office on employers holding a Sponsor Licence were pre-announced, now officials are likely to descend on businesses without notice. They will assess your HR systems/ processes, record keeping activities, Sponsor Management System (SMS) updates and files for migrant employees. If officials are not happy with the level of compliance, they can issue fines and downgrade, or even revoke your Sponsor Licence.
The immigration lawyers at OTS Solicitors can carry out a mock audit of your policies and procedures. We will then provide a report on the strength and weaknesses of your systems and assist you with co-ordinating a strategy to ensure your organisation becomes and remains in full compliance with sponsor obligations.
The Home Office review
If a visit to your premises does occur, the Home Office official will look at five key areas of compliance:
- Monitoring immigration status and preventing illegal working
- Maintaining migrant workers’ contact details
- Record keeping
- Migrant tracking and monitoring
- Recruitment practices and professional accreditations
They will then rate your HR policies and procedures from one to three (a score of one being the best, three the worst). To maintain an A-rating, you will need to receive a one in all these areas.
Our immigration solicitors will do our best to be present at a Home Office audit (if prior notice is given) and will answer any questions the official has on your behalf. By engaging us to assist you with audit and compliance matters, you can be confident that you will receive and keep your A-rating.
Ensuring full compliance with Home Office obligations is challenging for any employer. Immigration rules are constantly changing. You can trust our immigration lawyers to not only keep you up-to-date with regulatory changes, but to check your systems and confirm that you will pass an inspection if one occurs.
What if you fail an audit?
If your processes and procedures do not meet Home Office expectations, Teni and her team are here to help.
Prior to the introduction of the Immigration Act 2016, employers were liable to criminal prosecution for employing an illegal worker only if they had actual knowledge of having done so. The 2016 Act extends the existing criminal offence to also cover the situation where an employer has “reasonable cause to believe” that someone is an illegal worker. The Act also increases the maximum prison sentence for either offence from two to five years.
The 2016 Act also gives the Home Office the power to shut down businesses for up to 48 hours if there is evidence of employers flouting the law by employing illegal workers and evading sanctions. If the employer can prove they have conducted the right to work checks, the closure notice may be withdrawn. However, if right to work checks have not been carried out, the business may be placed under special compliance requirements, as directed by a Court. This can include continued closure for a period, followed by re-opening subject to compliance inspections and the requirement to conduct right to work checks.
Don’t fall victim to the harsh new sanctions. Engage us today to assist you with all your Sponsor Licence audit and compliance matters.
To find out more about our Sponsor Licence Management Service, please feel free to contact our UK immigration solicitors on 0207 936 9960. We are here to help ensure you are in full compliance with your Sponsor Licence obligations.
For a more detailed discussion regarding your case, or to book an appointment with a member of our business immigration team, please call us now on 0203 959 9123
Tier 2 Work Permit Visa and Sponsorship Licence Success Stories
By Teni Shahiean, of OTS Solicitors
Teni Shahiean is a founding partner at OTS Solicitors. She has a wealth of experience in business immigration law, commercial law and employment law and regularly advises businesses on Sponsor Licence acquisition and compliance. Teni is also regularly called on to provide expert opinion on television and print media, both in the UK and internationally.
I regularly receive instructions from clients to help them retain talented staff who have entered the UK on a Tier 5 Youth Mobility Visa. And for good reason. The applicants are usually university graduates from countries such as Australia, New Zealand, Canada, South Korea and Japan. They are smart, work hard and well-travelled. They have often become a key member of my client’s team.
Problems arise because a Tier 5 Youth Mobility Visa only lasts for two years. After that, unless their employee can switch to another visa, they must leave the country, which can be disastrous for an employer who has come to value their skills and rely on them.
OTS Solicitors is a Legal 500 recommended law firm and has won numerous other awards for our Immigration service (Including a Global Excellence Award for the Most Trusted in Immigration Law). My colleagues and I have successfully assisted many business and Tier 5 Youth Mobility Visa holders. We help the former retain talented employees and the latter to stay in the UK for a few more years (and some even permanently through acquiring indefinite leave to remain).
When taking instructions on these types of cases, it is imperative to understand not only the requirements of the Tier 5 Youth Mobility Visa but how an employer can obtain a UK Sponsor Licence to enable them to sponsor their employee on a Tier 2 (General) Visa.
Tier 5 Youth Mobility Visa
The Tier 5 Youth Mobility Visa is open to citizens of:
- Australia
- Canada
- Japan
- Monaco
- New Zealand
- Hong Kong
- The Republic of Korea
- Taiwan
British overseas citizens, British Overseas Territories citizens and British overseas nationals can also apply.
Applicants must be aged between 18 and 30 and have £1,890 in savings.
Citizens of Hong Kong and the Republic of Korea must obtain a Certificate of Sponsorship reference number before they can apply. I will discuss certificates of sponsorship further on.
If an applicant is successful in obtaining a Tier 5 Youth Mobility Visa, they can study at most institutions, work in most professions or be self-employed (as long as your premises are rented, your equipment isn’t worth more than £5,000, and you don’t have any employees).
Family members cannot apply to come with you on a Tier 5 Youth Mobility Visa; they must apply separately.
Tier 5 Youth Mobility Visas expire after two years. There is no option to extend. Applicants must either find a UK employer to sponsor them and switch to a Tier 2 visa or leave the country.
UK Sponsor Licences
Most employers who are looking at applying for a UK Sponsor Licence have very little idea of what is involved. As a highly-ranked Legal 500 Immigration law firm, we provide expert advice to employers on not only how to obtain a UK Sponsor Licence, but how to meet the extensive compliance requirements to prevent the licence being downgraded, suspended or revoked.
If you are an employer and wish to obtain a UK Sponsor Licence so you can retain your Tier 5 Youth Mobility Visa employee, you must follow a strict application process which is outlined below:
- decide the Immigration categories and tiers you wish to include on your UK Sponsor Licence
- review your HR systems and ensure your business is capable of complying with the duties and responsibilities of a Sponsor Licence holder
- decide which members of staff will be appointed as Key Personnel (our solicitors can carry out this function if you prefer)
- collate the correct documents needed to submit with the application
- decide on the number of certificates of sponsorship you wish to apply for in the first year
- submit the online application and hard-copy documents to the Home Office
- prepare for a Home Office visit (if requested)
- receive your Sponsor Licence
The Resident Labour Market Test
Obtaining an A-rated Sponsor Licence is not the end of the process to retain an employee whose Tier 5 Youth Mobility Visa is about to expire. To recruit a non-EEA national for the position occupied by the current employee, the job will need to be featured on the UK Shortage Occupation List. If it is not, you will need to conduct a Resident Labour Market Test to assess whether any EEA citizens can fill the position.
The Resident Labour Market Test must be done correctly. Failure to do so could result in your licence being suspended or revoked. An Immigration lawyer can provide you with the best advice on how to conduct a compliant Resident Labour Market Test.
Once you have received your UK Sponsor Licence, and have completed a Resident Labour Market Test, you may be able to issue a Certificate of Sponsorship to your staff member who currently holds a Tier 5 Youth Mobility Visa. They will then be able to apply for a Tier 2 (General) Visa which will last for five years.
OTS success stories
We recently advised a client who was keen to retain a key employee whose Tier 5 Youth Mobility Visa was about to expire. We partnered with the company, helping them successfully apply for a UK Sponsor Licence and run a compliant Resident Labour Market Test. In addition, we continue to work with the organisation’s HR team on an ongoing basis, ensuring the Sponsor Management System is kept up-to-date, and all Home Office duties and responsibilities are complied with and conduct bi-annual mock audits to ensure the client’s HR systems will pass any unannounced Home Office visit.
To find out how we can help you retain talented employees by obtaining a UK Sponsor Licence, please call us on 0203 959 9123.
OTS Solicitors is one of the most respected Immigration law firms in London and is Legal 500 leading firm. By making an appointment with one of our business immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today.
The client, a Chinese national entered the UK on a student visa. Prior to instructing OTS Solicitors, and following her graduation, she attempted to establish a business in the UK and remain in the country as a Tier 1 (entrepreneur) migrant. However, this application failed due to insufficient evidence of being a genuine entrepreneur.
Refusal on the Basis of TOEIC Centre
After the failure of Tier 1 entrepreneur application, she secured a job offer and was offered a sponsorship for that position. As at that time she was still on her Tier 4 visa, with the assistant of an oisc Immigration agent she applied in country to switch to Tier 2. The application was initially refused due to a claimed deception, as the client had omitted to disclose the Tier 1 refusal. After a new application in the same category, where the client provided explanation in regards to the omitted information, another refusal was issued, on the basis that when she was applying to extend her student visa, she had used a TOEIC centre that was later on found to have participated in fraudulent scheme that allowed some applicants to use deception to pass the test. On this basis, the Home Office found that our client had obtained her previous leave using deception and therefore her application was refused.
In-country right of Appeal against TOEIC Decision
The client, of course, vehemently denied any wrongdoing. She instructed a solicitor before coming to OTS to challenge this refusal. As the application had been submitted in 2015, prior to the changes to the right of appeal, the decision carried an in country right of appeal. An appeal was lodged and the client approached OTS solicitors after receiving a hearing date, as she wished to desist instructing her previous solicitors.
Instructing OTS Solicitors & Amendment of Grounds of Appeal
Our firm's Appeals and Litigation team appraised the case and the available material and advised the client on the merits of her appeal. They further made a decision that the grounds of appeal needed to be amended to strengthen the case. Having carefully analysed the client’s case, it was decided by our specialist lawyers that the best venue for a successful appeal was to challenge the Home Office refusal decision on two grounds. On the one had the fact that the Home Office had not discharged from the duty to prove that the client had committed a fraud and had sat a TOEIC examination through a proxy or otherwise implemented illegal tactics to pass the examination. The Home Office was relying on a general expert report without any direct evidence implicating our client into such a fraudulent activity. This ground was fully argued to clear our client’s name who had been unfairly accused of dishonesty and deception.
The second ground that was put forward, was in relation to the client’s private and family life. The client was in a relationship with a British Citizen for over two years. This line of argument had been completely left out from the appeal and therefore necessitated the grounds to be amended.
Based on the advice given by our appeals and litigation team, the client decided to instruct on submitting amended grounds of appeal. Properly argued grounds of appeal were drafted by a barrister and submitted.
Preparation for the Appeal Hearing
Following these initial stages, our team started working on the preparation for the hearing, in conjunction with the counsel. Detailed statement was taken from the appellant and several other attendees of the same examination. This was aimed at showing that the client was familiar with the set-up of the examination centre and the process was of the assessment itself, aiding to the argument that the Client had, in fact, taken part in the assessment. Further to this, evidence of the knowledge of English prior to the assessment was provided, showing that e client had no probable cause for cheating.
Apart from the aspects dealing with the allegations of deception, our appeals team worked hard to produce evidence of the client's private and family life and to evidence why returning back to her country of origin to continue their family life there was not an option.
TOEIC Refusal Decision Challenged & Appeal Allowed
This appeal was allowed on both grounds, under the Immigration rules and the Human Rights.
Teni Shahiean – Principal and business immigration Specialist
Background
Lusine was instructed by a financial technology company who wanted to hire an international student who was interning at the company but whose visa was soon to expire.
How we helped
Because the employee’s existing visa was due to expire, Lusine ensured that the application for the Sponsor Licence was expedited. She was also extremely diligent in ensuring all the necessary documentation was collated and the application form was filled out correctly so no delays would be incurred.
Follow-up Support
Our client’s application is still pending. Once it is approved, we will assist them with obtaining a Certificate of Sponsorship and ensuring they remain compliant with their sponsor obligations.
Solicitor – Teni Shahiean
Background
Teni was instructed by a wholesale company which supplied subscription drugs to doctors and pharmacies who wanted to hire a non-EEA national and therefore required a UK Sponsor Licence.
How we helped
Teni took the time to meet with the client and discuss their Immigration requirements. She quickly established that there were no ‘red flags’ that may cause the Home Office to refuse to grant the Sponsor Licence. Practices that may result in an application for a Sponsor Licences being rejected include:
- failure to file company accounts
- failure to keep adequate employee records
- prior or ongoing investigations by the regulator responsible for their sector
Our solicitors ensure that as part of this due diligence process, any potential problems with obtaining a Sponsor Licence are identified and dealt with swiftly.
Follow-up Support
Our client’s application is still pending. Once it is approved, we will assist them with obtaining a Certificate of Sponsorship and ensuring they remain compliant with their sponsor obligations.
Solicitor – Teni Shahiean – Partner and co-founder of OTS Solicitors
Background
Our client was an international bank based in London who required a Sponsor Licence to employ a staff member working in an overseas branch of the organisation. To gain entry into the UK, the employee had to apply for a Tier 2 (Intra-Company Transfer) Visa.
How we helped
Teni worked with the bank closely, taking the time to understand their reasons for needing the Sponsor Licence and ensuring that a Tier 2 (Intra-Company Transfer) Visa was the best strategy to use.
Once she established that it was, she made the application for the Sponsor Licence. Because she partnered closely with the bank’s HR team, she was able to advise on all the supporting documentation that UK Visas & Immigration would require to approve the application quickly.
The process was smooth and efficient, with the Sponsor Licence being granted in under four weeks.
Teni then organised a Certificate of Sponsorship for the employee who would be applying for the Tier 2 (Intra-Company Transfer) Visa. This was obtained within two weeks because of her in-depth understanding of the process and what is required to ensure applications for a Certificate of Sponsorship are submitted correctly the first time so no unnecessary delays occur.
Follow up support
Teni and her team provided the bank’s HR and Compliance Officer with the knowledge they require to meet their ongoing regulatory obligations under the Sponsor Licence regime. They continue to be on hand to offer advice and training as and when required.
Solicitor – Teni Shahiean – Partner and co-founder of OTS Solicitors
Background
Our client operated in the financial sector and was based in London. They required a Sponsor Licence to employ a staff member already working for the organisation whose existing visa was about to expire. The employee needed to apply for a Tier 2 (General) Visa to remain in the UK and to do this our client had to sponsor him.
How we helped
Teni and her team partnered closely with the businesses HR team, advising both them and the employee on the best steps to take to ensure a successful outcome would be achieved.
An application for the Sponsor Licence was made and quickly approved.
Teni then organised a Certificate of Sponsorship for the employee who would be applying for the Tier 2 (General) Visa.
Follow up support
For organisations planning to recruit talent from outside the EU, it is imperative that they have all the supporting documentation required to make business visa applications easily accessible. At OTS Solicitors, we work with organisations over the long term, making a point of understanding their business and their commercial ambitions. This allows us to advise them of the documentation they will need to collate if they wish to grow in the future and need to make a fresh hire or seek an intra-company transfer to fill the position they have available.
Solicitor – Teni Shahiean
Background
Teni was instructed by a frozen food delivery company who wanted to hire a non-EEA national who had previously worked for the organisation but now lived abroad.
How we helped
Teni advised the client on conducting the required Resident Labour Market Test. She guided them through the advertising process, ensuring they placed the advertisements in the correct locations for the full 28 days and that they were designed in a way that would satisfy Home Office Officials. She then submitted the application for the UK Sponsor Licence for the client.
Follow-up Support
Our client’s application is still pending. Once it is approved, we will assist them with obtaining a Certificate of Sponsorship and ensuring they remain compliant with their sponsor obligations.
Our client, KK, a national of Lebanon arrived to the UK in 2007 with his wife and two young children. He came as a work permit holder. During his stay in the UK, the employer became insolvent and the business was continued under different company. Our client was not correctly advised at the time of his obligations to inform the Home Office of his change of employer and carried on with his activities.
After reaching the required five year period for settlement, our client applied for indefinite leave to remain. At this point he and his family had fully adapted to the British way of life and from an employee he had become a successful businessman, employing considerable amount of workers.
After a lengthy delay, our client's indefinite leave to remain application was refused due to lack of compliance with his duties to inform the Home Office of change of employers.
Our client approached OTS Solicitors seeking advice and assistance on challenging the decision. As the decision was made under the old rules, it carried right of appeal and our Immigration litigation lawyers advised the client on his options and grounds for challenging the refusal. Our client was advised that due to his lengthy presence in the UK, his family ties in the country, he had a strong family and private life grounds for challenging the refusal of his indefinite leave to remain application. He was further advised that due to the length of his children's stay in the UK and their full integration into British society, the rule regarding the child's stay in the UK for more than 7 years was considerably adding weight to the strength of his family's case.
Our team of Immigration lawyers specializing in appeals and Immigration litigation took over the case and prepared the grounds of the appeal challenging the decision. After the hearing date was notified to our offices by the Immigration and Asylum Tribunal, we worked closely with the client advising and assisting him in compiling the evidence to put before the Tribunal. Our team of lawyers also constantly liaised with the Counsel instructed by our firm on behalf of the client, to make sure that the client's and his witnesses' statements and evidence were covering all the issues to be raised during the hearing.
Our client's appeal was allowed on the grounds of family and private life as advised by our Immigration litigation team, with considerable weight being given to the fact that he had extended family in the UK, who would be affected by their removal and with acknowledgement that our client's children would have succeeded in their claim to remain in the UK in any event, irrespective of the extended family presence, due to the length of their stay and degree of integration into this country.
This work was carried out by Principal Solicitor Teni Shahiean and Immigration Lawyer Dr. Lusine Navasardyan.
To find out how we can help you with your immigration appeal, please phone our London office on 0207 936 9960, to talk to one of our experienced immigration Solicitors.
Client A, a national of India had Leave to Remain as a Tier 2 (General) worker, but had reached ten lawful years of residence in the UK through various visa routes they had been granted whilst in the UK. A also had a dependant wife in the UK. A instructed the head of our Immigration department, Teni Shahiean to assist and prepare the client's indefinite leave to remain application in the UK based on his long residence. This was granted to him within a very short time. Miss Shahiean then advised the client on an application under Appendix FM for his wife to gain Leave to Remain which would lead to her own indefinite leave to remain in the shortest time. The client and his wife were pleased with the advice and instructed our team to then apply, this time the spouse of a settled person for his wife. With our assistance the client collated all the evidence under Appendix FM and we provided advice on including evidence to meet the financial, English language and accommodation requirements and B was successfully granted her Leave to Remain as a spouse for 30 months. After 30 month our client will be eligible for indefinite leave to remain.
Your Questions & Our Answers about Tier 2 Work Permit Visa and Sponsorship Licence
Thank you for your enquiry.
We do not provide assistance in job searching, only for the visa application.
You will need to find a job from a company willing to sponsor your visa and only then we can assist.
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for your enquiry.
Unfortunately, we do not offer support in job searching.
You need to receive an offer from an employer willing to sponsor your visa. Only then you can apply for a Tier 2 visa.
If you find a company interested in hiring you, but they do not have a sponsorship licence, we can also assist with this.
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for your enquiry.
As discussed over the telephone just now, we do not offer support during the job search process.
We can, however, help you amending your Tier 2 once you find yourself a new job.
Please feel free to call us on 0203 959 9123 whenever you are ready.
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for your enquiry.
Unfortunately, we don't help finding a job. We can, however, help you with your Tier 2 application once you find a company willing to sponsor you.
We can also support said company with their Sponsorship Licence, if they don't have one.
Thank you.
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Dear Madame,
Many thanks for your enquiry.
I note the information you provided and your interest as the dependant of a Tier 2 Migrant. Please note there are a range of options available to you. Therefore, the best way to proceed would be to contact our offices.
Our Immigration Solicitors will contact you shortly.
Dear Joan,
Thank you for your enquiry.
Unfortunately, we do not provide a service to support job applications.
We are, however, an Immigration law firm, so we can support you in applying for your Tier 2 visa applciation once you get a job offer.
We can also support with the Tier 2 Sponsorship License in case the company offering you a job does not have one: http://otssolicitors.co.uk/tier-2-work-permit-visa-and-sponsorship-licen...
Thank you.
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for your enquiry.
Your HR team should contact the UKVI Business Helpdesk and raise this as a query to them. The Helpdesk is a dedicated team at the Home Office who can deal with such matters. Employers should always issue a CoS under the correct condition and if there is an error, this must be raised with the Home Office immediately.
We cannot advise on whether an application should or should not be withdrawn without further details from you. Please contact our office to arrange a consultation to allow us to advise you further.
Dear Sir,
Many thanks for your enquiry.
We will require further information in order to advise you on whether you are able to switch into a Tier 2 General visa.
Our solicitors will contact you shortly.
Dear Sir/Madam,
Many thanks for your Tier 2 enquiry.
Please note that there is specific criteria to be considered under the different SOC for the relevant job duties and the job title. If your questions are case specific then it is better to inquire with our business immigration solicitors and they will be glad to assist you to discuss your matter further.
Dear Sir,
Many thanks for your question.
There may be a possibility for your ILR application to be granted. We will require further information from you in order to advise you on your options. Our solicitors will contact you shortly to discuss your matter further.
Thank you for your enquiry.
We can assist you with a Tier 2 dependant visa; as discussed we will need to obtain your completed history in order to see what the best suitable option is for you in accordance with the Immigration rules. Accordingly, we ask that you book a consultation with one of our team for this purpose.
Dear Sir/Madam,
Thank you for your Sponsorship Licence enquiry.
We note your enquiry and we will contact you by email to seek further information and arrange a consultation.
Dear Sir/Madam,
Thank you for your Sponsorship Licence enquiry.
We note your enquiry and we will contact you by email to seek further information and arrange a consultation.
Dear Sir,
Many thanks for your enquiry.
I note the information you provided in regards to your COS and the introduction of a new workplace rather than one originally stated in your COS. Please note that this is not a straightforward procedure. Therefore the best way to proceed would be to contact our offices.
Our Immigration Solicitors will contact you shortly.
Dear Sir/Madam,
Thank you for your question.
Your salary must be at least the minimum wage for the SOC Code or £30,000 whichever is higher. At the moment the Home Office are accepting applications from sponsors if the sponsor is willing to pay a certain amount in salary, this amount varies which is why sponsors are being advised to pay more in salary in order to have more chance of securing the employee.
Whether you are able to switch to Tier 2 from within the UK would depend on your current status in the UK.
Dear Sir,
Many thanks for your question.
I would suggest having a consultation for us to discuss the options available to your girlfriend to study or work in the UK.
our Immigration solicitors will contact you shortly.
Thank you for your question. We are able to assist you with your matter.
You will not be able to switch from Tier 2 ICT to Tier 2 General from within the UK in order to find another sponsor. If you would like to change sponsor/employer you will need to leave the UK and apply from your home country. There is also a 12-month cooling off period meaning you should wait 12 months to apply. Once you find a sponsor and you obtain a certificate of sponsorship you will be able to make the Tier 2 application.
Thank you for your enquiry.
In order to establish what documents are needed by your employer to apply for you Tier 2 Visa and/or apply for their Tier 2 Sponsor Licence, we need to obtain further information about their organisation. The Immigration Rules are very detailed and thus it is important for us to assess your employer’s case in full.
Our business immigration Solicitors will contact you shortly.
Dear Sir,
Many thanks for you Tier 2 sponsorship question.
We will require further information from you in order to assess your matter and advise you accordingly. In any event, under the current Tier 2 ICT Immigration rules you are unable to switch employers or apply for Tier 2 general in country.
Our business immigration solicitors will contact you shortly to discuss your matter further.
Dear Madam,
Thank you for your question.
Your sponsor should apply for the CoS as soon as possible in order for you to make the application before your visa expires. Your sponsor will not be able to request the CoS allocation until they have the licence and subsequently, they will not be able to generate the CoS until they have the allocation. The Tier 2 application should be made within 3 months of generating the CoS.
Our business immigration solicitors will contact you shortly.
Dear Sir,
Many thanks for your enquiry.
I note the information you provided and your interest in british citizenship in the United Kingdom. Please note that applicants holding a postgraduate diploma, or a graduate diploma from a UK university, are considered to have the required level of English for a settlement or citizenship application. However if you are still unsure of this then the best way to proceed would be to meet us in person at our offices.
Our Immigration Solicitors will contact you shortly.
Dear Sir,
Thank you for your question.
You will need to find an employer who has a sponsor licence and who is willing to employ you. You will need to secure this before you are able to come to the UK on a Tier 2 visa. In the meantime, you can try and obtain a visit visa in order to look for work whilst in the UK and make contacts and connections during your visit.
Thank you for your question.
You will be able to switch from your student visa to Tier 2 which is the work visa. There is a shortage occupation list which does include those jobs which are needed. You must have a confirmed offer of Employment with an employer who holds a valid sponsor licence and is willing to issue you with a Certificate of Sponsorship, you can find the list of sponsors online. You must also have savings to prove you can support yourself and this must have been held in your account for at least 90 days prior to your application. You must also prove your knowledge of English.
Thank you for your question.
Your wife and child can either apply for ILR 5 years from when they entered the UK or 5 years from when their visa was granted. If they apply 5 years from when their visa was granted, the period between the visa being granted and the date they entered the UK will be counted as an absence. As they are dependants, their absences will not be counted. They can therefore apply at the earliest point they want.
Thank you for your question.
You will not be able to switch from Tier 2 ICT dependant to Tier 2 General from within the UK. You will need to leave the UK and return to your home country to apply. You must have a confirmed offer of Employment with an employer who holds a valid sponsor licence and is willing to issue you with a Certificate of Sponsorship. There are job codes available for artists, entertainers, actors and singers at a certain skill level. You will need to search for jobs available in this sector and find an employer who is ready to sponsor you. They will need to show that they are unable to find anyone in the UK or EU who are more suitable for the role.
Dear Sir,
Thank you for your question.
Your wife will be able to switch from her Tier 2 ICT visa to Tier 2 General visa providing she leaves the UK and makes an entry clearance application. She will be able to apply for the Tier 2 General visa straight away as long as the prospective employer has a sponsor licence and goes through the relevant procedures to hire her.
Dear Sir,
Thank you for your question.
In order to be eligible for Tier 2, you must have a confirmed offer of Employment with an employer who holds a valid sponsor licence and is willing to issue you with a Certificate of Sponsorship. You must also have £945 in savings to prove you can support yourself and this must have been held in your account for at least 90 days prior to your application. Alternatively, if you are sponsored by an A Rated sponsor it is possible for them to certify your maintenance. You must also prove your knowledge of English is at least CEFR level B1.
Our business immigration solicitors will contact you shortly to discuss your matter in further detail.
Thank you for your question.
As a dependent visa holder, you are unable to switch to a Tier 2 General visa (as the main applicant) from within the UK. If you wish to switch to this visa, you would need to leave the UK and apply from your home country. Your partner will also be unable to switch from Tier 2 ICT to Tier 2 General (as a main applicant) within the UK and will have to wait 12 months before returning to the UK.
If you would like further guidance on this, please do not hesitate to contact us.
Dear Sir/Madam,
Many thanks for your Immigration enquiry.
we will need to assess your matter in further detail before advising you on your options.
Our Immigration Solicitors will contact you shortly.
Dear Sir,
Thank you for your enquiry.
In order to be able to work in the UK for an employer, your partner will need to apply for entry clearance to the UK as a Tier 2 migrant. Your partner will need to receive a job offer from an employer with a Tier 2 Sponsor Licence.
Our Immigration Solicitors will be in touch with you shortly in order to discuss this matter.
Dear Sir/Madam,
Many thanks for your question.
Our Immigration solicitors will contact you shortly to discuss your matter further.
Best,
OTS Solicitors
Dear Sir,
Thank you for your enquiry.
You are able to change employers as long as they have a sponsorship licence. Switching employers while on a Tier 2 Visa is a very complicated process. We can help you successfully deal with the challenges a Tier 2 change of Employment can bring.
One of our soliciotrs will contact you to discuss your matter further.
Thank you for your enquiry.
You should be able to switch to Tier 2 visa from your Tier 4 visa, providing you meet the relevant requirements.
We would need to have some further information from you in order for us to advise you further.
A solicitor will contact you shortly to discuss your matter.
Thank you for your question. We would need more information about your circumstances. Someone will be in touch with you over the next few days.
Disclaimer: Please note, this answer does not constitute legal advice.
Best wishes,
OTS Solicitors
Thank You for your enquiry.
Without knowing the details of the suspension, it is not possible to comment how long it will take the Home Office to come back to them.
If the licence is revoked, the pending Tier 2 applications will be refused and the migrants will be issued with letters informing them they should leave the country.
We will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Dear madam, thank you for your query. Unfortunately, visitor/tourist visas do not permit you to work in the UK or switch into a category which will allow you to work in the UK. However, a member of OTS Solicitor will contact you to assess your options of migrating to the UK.
Dear Sirs/Madam, the eligibility for Tier 2 ILR is not worked out based on the stamps into your passport or the date you official began working for your sponsor. We would be happy to provide you advice on your eligibility for Tier 2 ILR during a legal consultation with one of our business immigration legal advisors.
Dear Sir,
Thank you for your enquiry.
From the information you have given, you should have not applied in country, as Tier 2 dependent cannot switch in country. As this is a very delicate matter, we will not be comfortable to give you any advice without speaking to you and getting your full instructions.
We will contact you shortly.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.
Dear Sir,
Thank you for your enquiry about your Tier 2 visa application.
One of our team members has already contacted you to see how we can assist you in overcoming the consequences of the re-entry ban placed on your Immigration records.
Should you have any further queries, please do not hesitate to contact us.
Thank you for your enquiry.
If you are working in the UK under a Tier 2 visa (General), you will need a Certificate of Sponsorship in order to work for another organisation who holds a licence to hire overseas employees. Please note there are different requirements for migrants under different categories of Tier 2 visa and thus it is important that you provide us with more information before we can advise you any further.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your enquiry.
There is a possibility that the 12-month cooling off period may be waived however, this will depend upon the lenghth of your stay in the UK as well as the circumstances under which the visa was cancelled. We will need to take full instructions from you before we can advise you any further.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your enquiry.
A visa under the Tier 4 category does not lead to settlement in the UK. Furthermore, there is a 5 year cap on Student Visas for those who wish to study an undergraduate or a Masters degree in the UK.
You can use your residency in the UK as a student to work towards the 10-year lawful residence route in order to apply for Indefninite Leave to Remain in the UK in 2022. For you to continue your residence in the UK, we can explore the options available to you to switch to other visa categories which will enable you to work and eventually settle in the UK such as the Tier 2 visa category.
As a alternative, we can explore the options under a Tier 1 Entrepreneur visa under which you may be able to re-enter the UK and set up a business. This visa routes does lead to settlement in the UK.
Finally, we can also explore your private and family life in the UK to see if this gives rise to any applications under Appendix FM of the Immigration Rules.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your enquiry.
In order to switch into a Tier 2 visa from a Tier 4 visa, you must have an eligible qualification from a licensed Tier 4 Sponsor whom have sponsored your visa to study for the elible qualification in the UK.
The eligible qualifications specified by the Home Office guidance are a UK Bachelors Degree, a UK Masters Degree, a post graduate certificate in education or professional graduate diploma of education. You must also meet the following requirements:
- Have a certificate of Sponsorship
- Have an appropriate salary
- Have the required level of English Language qualification
- Have proof of £945 in savings, unless you are exempt
- Provide a criminal record certificate for any country you have lived in for 12 months or more in the last 10 years, if you will be working with vulnerable people.
As well as the above, there are other requirements under the Immigration Rules which you must meet. At this stage, we will need more information from you about yourself before we can provide you with comprehensive advice about switching visas in the UK.
With regard to you enquiry about settlement, you may be eligible to settle in the UK after completing 10 years in the UK with lawful residence. There may be alternative routes to settlement for you and thus we can explore these options with you in more detail once we have full instructions from you.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your enquiry about settlement in the UK under the Tier 2 visa category.
Your previous employer is under a duty to inform the Home Office that your Employment with them has ended. We need further instructions from you about your activities and status in the UK during the 4 months gap between your jobs before we can advise any further.
The 4 months gap you have referred to you in your enquiry may have implications on your application for indefinite leave to remain in the UK as a Tier 2 migrant if you apply in March 2018. Please note that you will not be granted a right of appeal if your application for indefinite leave to remain under the Tier 2 visa category is refused and thus, it is important that you obtain full legal advice on this matter in order to ensure your right to live and work in the UK is not jeapordised.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your enquiry.
Your son may be able to switch into the Tier1 or Teir 2 visa catergory. This will of course depend upon his financial circumstances as well as his career goals. At this stage, it would be beneficial for your son to come to our office for a consultation so that we can explore all the options with him to live and work in the UK.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question.
Your drink driving offence may have an effect on your ability to get a Tier 2 (General) Visa. Someone from our office will be in touch shortly to discuss how we can help you.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question.
You may be able to apply for a Tier 2 (General) Visa if you have been offered a fixed term contract; the length of the fixed-term plus 14 days. It is likely you would need a permanent job offer to apply for the entire five years all at once.
To apply for a Tier 2 visa, you usually need to:
- have a certificate of sponsorship reference number
- have an ‘appropriate’ salary
- have the required level of English
- follow additional rules if you’re switching to this visa from a Tier 4 (General) visa
- have proof of £945 in savings, unless you’re exempt
- provide a criminal record certificate from any country you’ve lived in for 12 months or more in the last 10 years, if you’ll be working with vulnerable people
Someone will be in touch with you shortly to discuss how we can assist you with your exciting future plans.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question.
We will need to find out more information regarding your circumstances, such as why you asked the UKVI to withdraw your COS and whether you are now with a new employer. Someone will be in touch shortly to discuss this will you so we can assist you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question.
To work in the UK you will need to obtain a job with an employer who holds a UK Sponsor Licence. They will be able to provide you with a Certificate of Sponsorship so you can obtain a Tier 2 (General) Visa. Alternatively, you could apply to come to Britain on a Tier 2 (Intra-company Transfer) Visa.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question. To assist you further we would need to know more about your current role. You can get in touch with us on the numbers below; however, someone will come back to your shortly by email.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question.
To work in the UK it is likely you will need to obtain a job offer and a Certificate of Sponsorship from a UK employer who holds a Sponsor Licence. If you receive a job offer you may need to apply for a Tier 2 (General) Visa to enter the UK.
Someone will be in touch with you shortly to discuss this with you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question.
You may be able to rely on your previous English language test results if it is still within its validity period.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your email. Since November 2015, migrants applying for ILR under a Tier 2 visa category must ask their Sponsors to certify in writing that they are still required for the Employment in question for the foreseeable future and that the salary payable will continue for the foreseeable future. This will affect people who have been issued a redundancy notice, or as in your case, where the migrant has given notice of termination of Employment.
Because of the tight timelines, you are best to make an appointment to come and see us straight away so we can properly advise you on your next best course of action.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question.
It may be challenging to switch from a spouse visa to a Tier 2 work visa from inside the UK, however, there may be other options available to you. Someone will be in touch shortly to find out more information.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question and sorry to hear about your troubles.
If your Sponsor's licence has been revoked then employees who are employed by the sponsor generally must find another sponsored position or switch to another visa. After finding out more about your circumstances, we may be able to assist you.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question. You are right, to enter the UK on a Tier 2 (General) Visa, you must obtain an offer of Employment from an employer who has a UK Sponsor Licence. Other criteria include:
- meeting an English language requirement
-having a Certificate of Sponsorship number from your employer
-being paid an 'appropriate' salary
You may find the best way to find a Tier 2 Sponsor is to look at online job vacancies and through word of mouth.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question.
A UK Sponsor Licence usually lasts for four years, providing the employer complies with his or her Sponsor Licence responsibilities. There does not appear to be any requirement for Sponsor Licence holders to offer a Certificate of Sponsorship for every roles they have. The most important element when it comes to offering a role to someone outside the EEA is that the Required Resident Labour Market Test is performed if the position is not on the Shortage Occupation List and that an appropriate salary and conditions are offered to the Tier 2 applicant.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question. If your visa has expired you are technically an overstayer and breaking the law of the UK which may affect your ability to successfully apply for further Leave to Remain in the country. It is imperative that you seek legal advice as soon as possible to strategies a solution as to how to make your residence in the UK legal.
With regards to your employers Sponsor Licence application, we would need to understand the grounds for refusal. We may be able to appeal the decision and/or resubmit the application.
Please get in touch with us as soon as possible so we can assist you.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question. To obtain a Tier 2 (General) Visa you must be sponsored by a company that holds a Sponsorship Licence. If your job is not contained on the Shortage Occupation List, then the company will need to advertise it to 'settled' persons first. Sponsor Licenses are complex and require quite a lot of administration on behalf of the sponsoring employer. Our Immigration lawyers can advise your employer on how to apply for a Sponsor Licence and the compliance responsibilities involved. We can also help you obtain a Tier 2 (General) Visa.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question. To advise you we would require further information such as whether your wife is on maternity leave from her role and receiving an ‘appropriate salary’ and whether you are a UK citizen and therefore able to sponsor her.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question. Because you are not reliant on your brother for day to day care, it is unlikely that he could sponsor you. Your best option may be to contact companies who hire mechanical engineers and try and organise for one to sponsor you.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question. Because your adoption is not formal, you may find that the only way you can enter the UK is on a Tier 2 work visa. To apply, you will need a job offer from a company that has a license to sponsor employees from outside the EEA.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question. To help you further we would need to know if your Tier 2 ICT visa was issued before 6th April 2010 or alternatively, if it is an ICT: established staff visa. If your ICT visa falls under these two categories, then you may be able to switch to the Tier 2 (General) visa whilst in the UK. If your ICT visa is outside these two categories, then you may need to leave the UK and apply for a Tier 2 (General) visa in your home country.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question. Your sister may want to apply for a Tier 2 visa to come and work in the UK. To be eligible for tier 2 visa, she would need to have a job offer from an employer with a UK Sponsorship Licence and be offered an ‘appropriate salary’. She could also come to the UK on a Tier 4 (Student) visa, as long as she has been offered a place on a course with a recognised institution.
Although, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Dear Sir,
Thank you for your question.
Your query relating to your tier 2 / tier 4 visa in the UK, and residence requirements in the UK has been forwarded to the relevant department and our Immigration lawyers will be in touch with you within 24 hours to explain how to proceed for the best outcome in your Immigration case.
Kind regards
Dear Sir,
Thank you for your question.
Your query relating to your Inter company tier 2 visa in the UK, and residence requirements in the UK has been forwarded to the relevant department and our Immigration lawyers will be in touch with you within 24 hours to explain how to proceed for the best outcome in your Immigration case.
Kind regards
OTS Solicitors
Dear Sir,
Thank you for your question.
Your case raises certain complex matters which our specialist Immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service. Your query relating to your Leave to Remain in the UK, and residence requirements in the UK has been forwarded to the relevant department and our Immigration lawyers will be in touch with you within 24 hours to explain how to proceed for the best outcome in your Immigration case.
Kind regards
OTS Solicitors
Hello,
Thank you for your question.
Your case raises certain complex matters which our specialist Immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service. Your query regarding your Tier 2 visa and also your husbands Tier 2 visa has been forwarded to the relevant department and our Immigration lawyers will be in touch with you today to explain how to proceed for the best outcome in your Immigration cases.
Kind regards,
OTS Solicitors
Thank you for your question. Your case raises certain complex matters which our specialist Immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service. Your British nationality query has been forwarded to the relevant department and our Immigration lawyers will be in touch with you today to explain how to proceed for the best outcome in your Immigration case.
Hello,
Thank you for your question. Your case raises certain complex matters which our business immigration lawyers for UK residents are confident they can assist and advise you on. We would be able to offer you assistance as part of a one-off consultation for Entrepreneur Visas, or otherwise as part of our full representation service to assist you throughout the legal process of obtaining your Tier 1 Entrepreneur visa.
Unfortunately we are not open on Sundays, however, your Immigration query has been forwarded to the relevant business immigration team and your Immigration lawyer will be in touch with you on Monday 23rd November 2015 to explain how to proceed for the best outcome in your Immigration case.
Kindest Regards
OTS Solicitors
[This question has also been answered by our lawyers privately by e-mail]
Thank you for your question. Your case raises certain complex matters which our specialist Immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service. Your Tier 2 and Intra-company transfer query has been forwarded to the relevant department and our Immigration lawyers will be in touch with you today to explain how to proceed for the best outcome in your Immigration case.
Hello, thank you for your question. Your case raises certain complex matters which our specialist Immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service. Your Tier 2 General Visa / Certificate of Sponsorship of your new employer query has been forwarded to the relevant department. We can assure you that our Immigration lawyers will be in touch with you today to explain how to proceed for the best outcome in your Immigration case.
This Immigration question has been responded to privately by one of our Immigration solicitors. If you have a similar query, please do not hesitate contact our UK Immigration team.
Dear Sir/Madam,
Thank you for your question.
We note that the Treasury Solicitors acting for the Secretary of State for the Home Department are offering to reconsider your application on the condition that you withdraw your Judicial Review claim against the Secretary of State.
At OTS Solicitors our Judicial Review team are made up of specialist Immigration lawyers that will successfully negotiate the best terms of your Consent Order on your behalf.
In answer to your question, you must consider the possibility that the Secretary of State may refuse your application against following their reconsideration of your case. Have you asked for a right of appeal if they do refuse your case again? You must also consider that the Secretary of State will take a long time to reconsider the application. Have you therefore provided a defined time-scale in which the Secretary of State must reconsider your case? You must also consider that the Secretary of State may be liable to pay your costs for the Judicial Review claim. Have you therefore included provisions for claiming back these costs from the Secretary of State/Home Office? Without consideration of the above, you may therefore have no further opportunity to ask the Court for relief in this case and you may be reliant on the Secretary of State to act on their promises within the consent order. It is therefore imperative that you / your solicitor carefully and strategically word the Consent Order to protect your legal interest.
If you are still unsure of your next steps or what the correct decision would be in your case, our specialist Judicial Review Immigration lawyers base in London are ready to take you through these final important steps in your Judicial Review matter. To ensure that you are strongly represented to settle your case on best possible terms, call our solicitors today to arrange a details consultation. You can reach us on 0207 936 9960 or by completing our Contact From.
Kind regards,
Judicial Review Immigration Team
OTS Solicitors
[This question has also been answered by our lawyers privately by e-mail]
