One of the most common routes for foreign workers to come and work in the UK is the Tier 2 (General) visa. This is for skilled workers who have been offered a graduate level or above job from a UK employer.
There are various requirements that an employer has to meet in this process. The business has to have a sponsorship licence and to allocate a Certificate of Sponsorship (COS) to the potential employee.
The employer has to meet various requirements in a Tier 2 General visa application process, including:
When a business with a sponsorship licence identifies a non-EEA national they wish to employ under this route, they must allocate to that employee a Certificate of Sponsorship (COS). That prospective employee will then have to submit their own application under this category.
There are various Home Office requirements and restrictions limiting who can be issued with a COS.
COSs can be restricted or unrestricted depending on the circumstances of the candidate and whether they are applying from within or outside the UK.
In many cases, when applying for a Certificate of Sponsorship, the employer will be required to carry out a Resident Labour Market Test (RLMT) in order to satisfy the UK Home Office that a genuine vacancy in the business cannot be filled by a British or EEA national or settled worker.
The requirements of the RLMT are strict and inflexible and it is important that this be carried out in accordance with the relevant Home Office guidance.
Another requirement with the Tier 2 (General) visa process is that the vacancy is a sponsorable role in accordance with the Home Office list of Standard Occupational Classification (SOC) codes. Also, the minimum salary thresholds have to be met. These vary depending on the role and the level of experience of the candidate.
Thorntons can advise on the requirements of allocating a COS to a potential Tier 2 (General) migrant. We can also help with the Tier 2 sponsorship process. In addition, our Immigration Law team has experience in advising individuals on applying to enter the UK as Tier 2 (General) migrants.
In most immigration situations taking legal advice early on can often resolve a situation quickly, avoid potential problems and save you time and money later. With our proactive and commercial business legal advice, our immigration lawyers can help find the right solution for your business when dealing with Tier 2 sponsorship, and immigration and employment law issues. To arrange a consultation, call us on 03330 430 350 , or complete our online enquiry form and we will contact you.
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