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Legal Updates

Home Office updates Tier 2 sponsor guidance for businesses

03 August 2018 #Immigration #Inward Investment


In July, the Home Office updated its sponsor guidance for businesses sponsoring Tier 2 and 5 workers. HR teams and those responsible for managing sponsorship duties, should ensure they are aware of the updates.

The Home Office has also made changes to Appendix D, specifically in relation to the documents which must be retained following a Resident Labour Market Test.

Summary of changes to Tier 2 & 5 Sponsor Guidance

In summary: 

  • Find a Job service has now replaced Universal Jobmatch
  • There is an exemption from the Resident Labour Market Test for established researchers at a Higher Education Institution or Research Council
  • There are references to doctors and nurses being added to the list of people to whom an unrestricted CoS can be assigned
  • An additional ground for revocation is added in respect of sponsors reasonably believed to have artificially inflated the salary of a sponsored worker applying for Indefinite Leave to Remain
  • Advice has been added to reflect that sponsored workers may need to access the Internet at the sponsor’s premises to apply to extend their stay in the UK

Internal audits

To ensure compliance, Tier 2 sponsors should ensure they carry out regular internal audits to check the HR team is aware of its obligations and to identify any potential breaches early.

As a Tier 2 sponsor, you should expect a compliance visit from UKVI at some point during the validity of your licence. Such visits can be announced or unannounced, but the purpose is the same - to establish whether you are complying with your sponsor duties.

Clarkslegal, specialist Immigration lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Immigration matter please contact Clarkslegal's immigration team by email at immigration@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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