Applying for a Tier 2 sponsor licence? updated UKVI guidance

Applying for a Tier 2 sponsor licence?

UK Visas and Immigration (UKVI) has issued a new version of its guidance on how to apply for a Tier 2 or 5 sponsor licence and how to sponsor an employee. The guidance is to be used for all Tier 2 and Tier 5 applications made on or after 6 November 2014 and includes some key updates in the guidance that all sponsors should take note of.

In this article we highlight the changes that affect employers applying for a Tier 2 sponsor licence:

New sponsor applications:

• New sponsors must have at least one employee named as a level 1 user so as to ensure that they have access to the Sponsorship Management System and can check activity. Before the recent changes it was possible for a sponsor to use a third party representative for its level 1 user needs, but from 6 November 2014 at least one of these level 1 users must be an employee of the sponsor.
• Concerning the sponsoring of Tier 2 General and Tier 2 ICT migrants, if you are applying for a sponsor licence as a new sponsor and wish to employ a migrant who is at NQF (National Qualifications Framework) level three or four, then you must inform UKVI of why, and supply their name so their eligibility can be checked.

• The updated guidance contains a new section regarding the cooling-off period for sponsors. This is the period of time between the refusal of a sponsor licence application and making a new application, which can vary from a minimum of six months to a maximum of five years depending upon the grounds of refusal. The guidance stipulates that the reasons for previous refusal should be resolved before any attempt is made to reapply.

• The guidance also states that, if an employer surrendered its licence whilst UKVI took action against it, the employer will be subject to a cooling-off period before a new application can be made.

What not to do:

• The circumstances under which UKVI may refuse a sponsor licence application or revoke a sponsorship licence now include any history of tax or excise duty avoidance, Class A homicide and other grave offences. Applications which are jeopardised by the following will be refused: if you have, or you are aware that a sponsor organisation you’ve been involved with has, been issued a penalty in the last five years due to VAT or duty evasion. Refusal or revocation of licence will also apply should it be found that you were named as a ‘key personnel’ for a sponsor whose licence has been revoked in the last 12 months.

• The new guidance also contains a list of unspent convictions that UKVI will take into account when considering your licence application and your ongoing status as licensed sponsor.

Click here for the full Tier 2 and 5 of the Points Based System Guidance for Sponsors and contact Smith Stone Walters for advice and guidance in relation to these changes