Tier 2 of the points based system - sponsored skilled workers
Tier 2 of the points based system
The work permit scheme closed at the end of November 2008 and has been replaced by Tier 2 of the points based system. Under Tier 2, non-EEA skilled workers will be able to work in the UK if they are sponsored by a UK employer. From December onwards, employers wishing to employ non-EEA staff who would previously have required a work permit will be able to do so only if they have been granted a Sponsorship licence by the UK Border Agency (UKBA).
Sponsorship Licences
Employers will need to demonstrate an ability to comply with UKBA requirements in terms of preventing illegal working and having in place robust HR systems before they can apply for a sponsorship licence. Once granted a licence (valid for 4 years) they will be able to issue Certificates of Sponsorship to non-EEA workers who meet the relevant criteria. This will be the equivalent to obtaining a work permit under the previous system. Workers will qualify for a Certificate of Sponsorship if they are undertaking a job of at least NVQ3 standard and:
- meet the resident labour market test; or
- are intra-company transfers; or
- are in a shortage occupation; and
- are paid a salary at a level which meets the UKBA’s requirements.
A maintenance requirement must also be met and a knowledge of English language demonstrated.
Sponsorship duties
Sponsorship of migrant workers under Tier 2 will be managed online. Employers must show that they can be responsible for the conduct of all migrant workers. This involves being able to keep proper records and being able to report to the UKBA any changes in the worker’s circumstances. Any non-compliance with these duties could lead to an employer’s licence being either downgraded or withdrawn.
Our Services
We can help you prepare to apply for a sponsorship licence by:
- reviewing your HR systems;
- training staff on how the sponsorship system works;
- advising on documentation required in support of a licence application;
- providing post-application support including acting as your Lever 1 user.
