Sponsor Licence Application Lawyers London
Sponsor Licence Applications
If you want to employ a member of staff from outside EEA (European Economic Area), you need a sponsor licence to provide evidence that the migrant worker has a genuine job in the UK. It also acts as a pledge from you, the sponsor, that you will accept the responsibilities of sponsorship.
The licence will last for 4 years (unless it is withdrawn by UK Visas & Immigration) and must be renewed before expiry if you wish to continue employing the migrant worker.
You should get professional advice from one of the reputed sponsor license application lawyers at an early stage to ensure that your systems are in place, your application is properly prepared and lodged correctly with UK Visas & Immigration. This will give you the best chance of success in the fastest possible timeframe.
Hudson McKenzie is one of a limited number of firms which possess a thorough understanding of the PBS sponsorship arrangements and obligations.
Criteria for Success
In applying for a licence and subsequently issuing CoS (Certificate of Sponsorship) to migrant workers, your organisation accepts the need for compliance with a number of requirements including:-
- Having effective HR systems.
- Adequate record keeping and various reporting requirements.
- Regulatory compliance and co-operation with all UKVI requests.
The UKVI have indicated that they will want to do either a pre or post licence application review of the HR systems and processes. In conducting this review, the UKVI would look at the sponsor’s HR systems and processes. Specifically, they would look at the following five areas:
- Monitoring immigration status and preventing illegal working
- Maintaining migrant workers’ contact details
- Record keeping
- Migrant tracking and monitoring
- Recruitment practices and professional accreditations
To maintain an A-rated sponsor licence under the Points Based System, a company would need to receive an A rating in each of the above areas.
The Government’s legislation relating to Employer’s Liability places obligations on employers to assist in the prevention of illegal working. It is a vital component of any pre-employment check that the immigration status of all overseas nationals subject to immigration control is verified.
We can help you establish a Statutory Excuse against any civil or criminal action brought under Section 15 of the Immigration, Asylum and Nationality Act 2006. We use a 24/7 state-of-the-art Case Management System which identifies, tracks and monitors all non-EEA workers employed by the company.
Our well-trained Immigration Lawyers will ensure that your company meets the requirements of the Illegal Working Legislation comprehensively and is covered at all times.
Our Employer Sponsorship Licence Service
We will manage the entire Tier 2/ 5 Sponsorship process for you – working with you to ensure that a successful A-rated licence is granted. This includes:
- An audit of your HR policies and procedures (with reference to the Points Based System) around each of the five areas outlined in the Home Office guidance. It also includes random sampling of personnel files, reviewing HR on-boarding and tracking processes to ensure appropriateness for your organisation and compliance with the new PBS requirements.
- A detailed report highlighting risk areas and summarising our best practice recommendations to ensure compliance. In our experience, many companies prefer to have us visit to go through their systems, rather than UK Visas & Immigration, wherever possible.
- Advice and help to resolve any gaps and a revised report ready for submission to UK Visas & Immigration.
- Processing your application and gathering supporting documentation for successful Sponsor Registration. Where our report is submitted with the sponsor licence application, in most cases UK visas & Immigration would not need to undertake an audit before approving an application for a licence.
- Ongoing support for you and your HR professionals to ensure that you remain fully compliant with the stringent regulations at all times.
- Updating the Sponsor Management System on your behalf, as and when required.
- Requesting additional certificates from UK Visas & Immigration on your behalf.
- Issuing certificates of sponsorship (CoS) on your behalf for individuals who have been offered a job.
- Assistance for your employees in obtaining entry clearance/leave to remain once a certificate of sponsorship has been issued.
- Advise and assistance on the Resident Labour Market Test (advertising) requirements.
Contact our Sponsor Licence Application Solicitors London, UK
For further information, please contact our Sponsor Licence Application Lawyers in London – click here or call us on +44(0) 20 3318 5794.