Tier 2 Licence Application – A Long Term Commitment
The Tier 2 Licence application process is relatively straightforward, but it is nonetheless highly detailed. The licence is designed to allow employers to recruit staff from outside the EEA, but in April 2015 the terms under which it was granted were modified.
The key changes involved the requirement for employers to provide highly specific details of the position(s) which they intend to fill as well as evidence that the local (i.e. native UK) labour force was unable to provide the necessarily skilled workers.
Proving a Negative
The point regarding the non-availability of local labour has at times proven difficult for applicants to negotiate – it is, famously, never easy to prove a negative – but the insistence on delineating precisely what the roles and responsibilities of a member of staff also holds the potential to be problematic over time.
UK Visas and Immigration’s (previously known as UK Border Agency) staff have the right to make a spot check on any licence holder, and if during the course of those checks they find that workers are not operating according to the criteria laid down in the initial application then that may lead to a more serious interrogation of the organization’s operation and even sponsor licence revoked
Consistency is Key
It is therefore imperative – over and above the administrative requirements of the application process – that applicants are clear and consistent about what function they require their Tier 2 staff to perform. There is scope for job roles to alter over time, but just as with all other relevant information, these changes must be brought to the attention of UK Visas and Immigration (previously known as UK Border Agency) immediately. The UK sponsor licence application represents a long-term commitment.
Tech UK, a trade body which represents some 850 leading UK tech firms branded the spring reforms to the Tier 2 system ‘disappointing’ when they were first aired, suggesting that the salary requirement in particular would limit their ability to recruit the sort of young, up and coming international talent which that industry sector relies on.
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.