If you wish to sponsor a non-EEA person in the UK, you will need a sponsor licence. Before you can be considered for a sponsor licence, you must be able to show:
- Your business is genuine and operates legally in the UK;
- You have attempted and failed to recruit from the resident market;
- You have the correct procedures in place to monitor such staff;
- You are offering genuine work with a realistic salary or teaching;
- You do not have a history of failed sponsorship licence applications.
There are two types of visa that are often used, Tier 2 and Tier 4.
Tier 2 visas are for skilled workers. In order for that person to be granted a Tier 2 visa, they must be entitled to live and work in the UK long-term. This visa if usually split into general, intra-company transfer, Minister of Religion, and sportsperson.
Tier 4 is used for students, and in order to be granted a sponsorship licence, you must offer full-time study to students in the UK. As a sponsorship licence holder, you must ensure the student attends their course, monitor the students unauthorised absences, and contact the student if they fail to complete the course.
As a sponsor, you have a duty to inform the UKVI if:
- The worker or student fails to attend their first day;
- The worker or student is absent without notice for 10 consecutive days;
- The worker resigns or is sacked, or the student quits;
- You stop sponsoring the worker or student;
- There are changes to the worker’s or student’s circumstances.
Failure to comply with your duties can result in civil penalties, such as a fine of up to £20,000 PER illegal worker, and imprisonment for up to FIVE years.
Contact our Immigration Solicitors:
If you would like to enquire for any of our immigration services, please complete our online contact form here or send an email to us at [email protected] and one of our solicitors shall call you back.
Alternatively, please call our immigration solicitors on 0161 820 8888 for a no obligation discussion.
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If you have made genuine errors in your application, such as missing a document, the Home Office will usually refund the application fee and you’ll need to resubmit an application once you’ve corrected any errors.
On the other hand, if any of the following is applicable you will need to wait at least 6 months before you can re-apply and you won’t receive a refund for your application fee:
- You submitted false documentation;
- Your HR and internal processes are not sufficient to comply with your sponsorship duties;
- You do not meet the requirements to be a sponsor in the category you applied;
- You do not trade in the UK;
- You are legally prohibited from becoming a director of a company in the UK.
There are many reasons a sponsor licence can be revoked; therefore, it is recommended that you seek expert legal advice as soon as you receive a revocation letter from the Home Office. Depending on the severity of the case, Monarch Solicitors may be able to start building a case to appeal the decision.
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