November 19, 2019 86
Some UK-based employers find that they cannot get the skilled workers they need from the available workforce in the UK.
But if an employer wants to recruit a skilled worker from outside the EEA the process is quite complex. The employer must first of all acquire a Tier 2 sponsor licence from the Home Office. This is a licence that enables an employer to sponsor non-EEA skilled workers. Then the employer must make a further application to the Home Office for a “certificate of sponsorship” so that they can sponsor the particular migrant they want to employ.
Then the migrant must submit a visa application to the Home Office. If the visa application is successful then the migrant will be granted leave as a Tier 2 Skilled Worker, and this visa will enable them to work for that employer in the job for which they have been sponsored.
There is thus a three-stage process, and there is the added complication that in many cases the employer will have to advertise the position they want to fill. This is so that the best candidate will get the job and a non-EEA migrant will not displace a worker from the EEA or the UK.
In some cases the Sponsor Licence application can get quite involved, because the Home Office pays an audit visit to the employer’s premises to have a look at the office systems, especially the Human Resources aspect. They want to be confident that the systems are robust enough to handle employees who are under immigration control. If not this could be a ground for refusal of the sponsor licence application.
This is a quite a complex and difficult scheme, but employers in some fields are desperate to get the skilled workers they need from outside the UK.
If you are an employer in this situation we will be able to help you with your application for a Tier 2 Sponsor Licence and the subsequent further work and applications. We have good experience in this area.
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