01 April 2009
UK employer sponsorship licence holders under strict new Tier 2 rules
Employer sponsorship licence holders will be subject to strict new rules as of today, 01 April 2009. The changes pertain to Tier 2 (General) of the new points-based system for immigration, which allows employers to nominate and sponsor skilled workers to live in the United Kingdom and work in their company.
Holders of the UK employer sponsorship licence will need to meet certain new advertising obligations in order to hire workers on a UK visa through the Tier 2 (General) category. As of today, employers must advertise their skilled jobs in Jobcentre plus and one other avenue recognised by the Government so that local workers get the opportunity to apply for skilled positions before overseas workers.
The Tier 2 category for skilled migration requires employers to hold an employer sponsorship licence so that they can prove to the Government they are a legally operating company and will fulfil certain employer sponsorship licence requirements. Besides obliging the advertising rules outlined above, this means that the employer must nominate three key personnel for employer sponsorship to represent the company, including an Authorising Officer, a Key Contact and a Level 1 User.
The employer sponsorship licence also takes the onus off the Government to ensure that workers are adhering to their individual visa conditions, as any employer found hiring an illegal worker will suffer penalties. The penalties for non-compliance with these obligations will result in fines, removal of the right to hire foreign workers, a 2-year sentence imprisonment, or civil penalties.
Under UK immigration law, the UK Visa Bureau has been authorised to advise prospective sponsors of overseas workers. If you have further queries regarding the UK employer sponsorship licence, you can contact the UK Visa Bureau.
The UK Visa Bureau is an independent consulting company specialising in UK visa and immigration services.