New requirement for sponsor licence applications

If you are looking to employ a non-EU national for your UK business then you will need to apply for a sponsor licence in order to enable this person to come to and work in the UK under the Tier 2 system.

A recent change in the procedure of applying for a sponsor licence means that not only do prospective sponsors need to provide a raft of information regarding their UK organisation, its trading past and its ability to offer genuine employment to any future migrant employee, but applicants must now supply the Home Office with details of the first position which they would like to fill with a Tier 2 worker once they have been granted their sponsor licence.

This could prove to be difficult for some prospective sponsors as the required details, such as the salary, SoC code and job title, may not yet be set in stone.

When applying for a sponsor licence, the UK organisation is now required to provide the Home Office with the following information for the first role which they will wish to fill with a highly skilled overseas worker:

• Job title;
• Duties and responsibilities;
• Salary and SoC code;
• Details of the skills, experience and qualifications required for this post;
• A full, up to date hierarchy or organisation chart which must include everyone working for you, their position and job title, along with any vacant posts;
• Whether or not this a newly created post;
• If new, why this role is now necessary; and
• If not new, how long this role has existed for.

To prove that this role cannot be filled by the resident labour force, the sponsor may also be asked to provide evidence of a completed Resident Labour Market Test:

• Details of any attempts made to recruit a settled worker to fill the post, eg. any job advertisements along with the dates and the length of time for which they were displayed;
• How many people applied and their details; and
• Why those applicants have been found to be unsuitable for the role.

If you are looking to become an employee of migrant workers or have any other questions regarding your sponsor licence, please contact us today.