USA and the UK
For a company to employ someone from outside the European Economic Area (EEA), they will need a UK Sponsor License. For most types of work in the UK, including unpaid work (charity and volunteer work), a business will need to sponsor a worker’s Work Permit application. This is to ensure that companies are hiring workers legally. At IAS, we offer a range of services for employees and employers to make sure that applying for a UK Work Visa is a smooth process.
You will also need a UK Working Visa to transfer to a UK-based branch on a Tier 2 Intra Company Transfer Visa. Once a business has their Sponsor License issued, they will be added to the Home Office’s Register of Sponsors (or Tier 2 Sponsor List). This will allow them to issue a Certificate of Sponsorship (CoS) to a worker they have offered a position to. The CoS is a unique reference number which is used in the UK Work Visa application. Companies can apply to renew their Sponsor License after four years.
How can IAS help?
An estimated one-in-six visa applications are rejected by the Home Office. The chance of a successful application for a Sponsorship License or Work Permit could lie with us. Our lawyers have a high success rate and decades of experience to draw from. We can assess whether you are eligible for your intended application and complete your forms in full. We can examine current business practices to ensure employees are hired legally and duties are upheld. We have several services which can identify and resolve any issues we find. Get in touch today on +1844 290 6312 or make an inquiry to find out more or speak with an immigration expert.
Last modified on June 17th, 2023 at 7:46 am
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For a UK company to employ anyone from outside the EEA, they will need a Sponsorship License. Companies which have either a Tier 2 or Tier 5 Sponsor License will be able to apply for a Certificate of Sponsorship (CoS). This will be issued to any employee they have given a job offer.
Once the CoS has been issued, the employee will then be able to apply for their Work Permit under whichever tier they have agreed with their employer.
The CoS is not a physical document but a unique identification number which will need to be included with your UK Working Visa application.
There are two types of CoS: Restricted and Unrestricted. The government currently holds a cap on the number of Restricted Certificates issued at 20,700 per year.
If your employer is hiring foreign workers without a Sponsor License, you will be considered an illegal worker. This may result in you being asked to leave the country. The company can also face heavy fines and even closure.
If your employer does not uphold the duties of their Sponsor License, they could have their Sponsor License suspended or revoked. In the case of revocation, they will no longer be able to sponsor your application and you may have your UK Work Visa curtailed.
For more information on what to do if you think your employer is employing you illegally.
If you would like advice about your personal situation, speak to one of our expert immigration lawyers today.
To maintain an A-rated Sponsor License, a UK company will need to:
- Correctly undertake the Resident Labour Market Test;
- Offer a salary that meets the minimum requirement;
- Ensure that the and job description on the CoS match what the employee does;
- Keep up-to-date information on all sponsored employees on the Sponsorship Management System (SMS).
Ensuring that a company follows its duties will ensure that the business can continue to sponsor foreign workers. This will also ensure that all employees on a UK Working Visa can remain in the country legally.
More detailed information on the Sponsor License application process
The lawyers at IAS have extensive experience in business immigration. For advice on your Work Permit application, or for more information about being employed legally in the UK, we can help.
With our Working Visa UK services, we offer:
- Full document checks before submitting an application;
- Confirmation of eligibility for your Work Permit application;
- Completion of application forms in full;
- Letter of Representation. This is written by your lawyer and includes details on your case and supporting UK immigration laws;
- Communication with your UK sponsor to ensure they are fulfilling their duties;
- Facilitation of your CoS before starting your application;
- Maintained contact with the Home Office throughout.
For UK businesses, we offer:
- Sponsor License advice and application support;
- Help through the Resident Labor Market Test
- Sponsor License renewal;
- Sponsor License revocation and suspension support;
- Immigration Audit and Compliance
If you would like to know more about our services, or to receive expert advice on your UK Work Visa, contact our immigration consultants today on +1844 290 6312 or make an inquiry online.