A Guide to Sponsoring a Foreign National for a Tier 2 Visa
Certificate Of Sponsorship and Licence
The Work Permit program will cease to exist in its current form in autumn 2008.
Once the new law becomes fully effective employers will need to obtain a licence from the Border and Immigration Agency (BIA) before the company is legally able to sponsor a non-EU and non-EEA national.
The BIA will approve companies for a license enabling the company to sponsor foreign nationals for a Tier 2 visa. This visa is similar to the Work Permit. Employers will require a licence if they wish to sponsor a non-EU or a non-EEA national unless the person has a Tier 1 Visa.
This license will require employers to state the number of foreign nationals they will sponsor in a year. The company will have to state what kind of a visa they will sponsor the immigrants. For instance, a multi-national company that applies only for a license to sponsor new workers will be prohibited to sponsor a person for an intra-company transfer visa. The company will have to apply for a license to sponsor people for intra-company transfer visas.
The Home Office will consider several factors before issuing the license. Some of the factors are:
- the company itself;
- number of visas requested;
- number of visa it needs;
- previous sponsorships;
- types of visa applications;
- any other factor the Home Office deems appropriate.
The Home Office will limit the maximum number of applicants it can sponsor in one year. Once this limit has been reached, the company cannot sponsor additional applicants in the year.
The Home Office will rate employers. Employers will be given a rating of A or B. The Home Office will give companies with a B rating an action plan. This action will detail the changes the company needs to make for it to obtain an A rating. The Home Office will set a deadline for the company. This deadline will be no more than three months. Failure to successfully implement the action plan may result in the Home Office cancelling the company's license.
In certain instances, companies will be given additional time to complete the action plan. For example, a company that has made a significant progress towards achieving the action plan but has not fully implemented the action plan may be given additional time to finish implementing the action plan. Another situation as to when the Home Office gives additional time is if circumstances beyond the companies control prevented the successful implementation of the action plan.
Although the law does not become fully effective until autumn 2008, companies can start applying for their license now. Once the company has been approved for a license, it has the legal ability to sponsor foreign workers, providing it has not reached the maximum number of people it can sponsor in one year.
The employer will undergo inspections, at least one per year. This could be announced or unannounced. Companies with a rating of B should expect more inspections compared to companies with an A rating. Should the BIA conclude that the company is not meeting certain standards; the BIA may revoke the company's license, in which case, the foreign national will have to look for another employer to sponsor him or her.
Having been granted a license, a company can apply for a Certificate of Sponsorship, which the visa applicant will use to obtain the visa. This "certificate", which will be a virtual document, will be given a unique number. Without this number the visa application will not be successful.
The employer, as well as the applicant, should bear in mind that the visa applicant will not be issued a visa if the visa applicant does not meet certain ability in the English language.
Please contact our offices at 0121 214 5453 to discuss your matter with a member of the Immigration team.