Oops! I cannot apply for Tier 2 sponsor licence for next 6 months now..
We were approached by a well reputed company recently to re-apply for their Tier 2 sponsor licence which would allow them to recruit talented and highly skilled non EU staff. It was refused due to lack of professional advice by the previous law firm. We identified straightaway that due to recent changes introduced by the Home office this company won’t be able to apply for next 6 months for Tier 2 sponsor licence.
Not something that they had expected. Not an ideal situation for any business.
Therefore, it is very important to know these changes which Home Office has brought in to the Tier 2 Policy Guidance. Tier 2 sponsor (existing and/or potential) should make sure that these changes are complied with at all times.
This is a non exhaustive list which can be used as a reference:
- 1. Each sponsor must have a minimum of 1 employee as a Level 1 User who can access the Sponsor Management System (SMS).
- 2. If a sponsor licence application is refused, the sponsor cannot re-apply within the next six months, twelve months or five years depending on the grounds of refusal. At the time of re- application, the reasons of refusal must no longer apply.
- 3. All payments made to the Tier 2 and Tier 5 migrants must be paid into their bank accounts in the UK or overseas and must not be paid it to them in cash.
- 4. The Home Office might be in a position to refuse an application if they are satisfied that the vacancy is not considered to be genuine. In order to judge as to what is genuine, various considerations apply.
If you are one of the sponsors and are on the Tier 2 and 5 sponsor register, you must acquaint yourself with this information. If you have any queries, please feel free to contact YDVISAS and we shall be happy to help.
YDVISAS specialise in all visa categories and are specialist immigration lawyers in the UK. Please contact the expert team at YDVISAS, should you need any professional help with your visa application.