Once you are granted a Sponsor Licence, you will be added to the Home Office’s Tier 2 and 5 Sponsor Register and you will be given access to the Sponsorship Management System (SMS).
You can then use the SMS to apply for a Certificate of Sponsorship (CoS) which if granted can be assigned to the prospective migrant employee so they can use this to make a Tier 2 or Tier 5 visa application.
There are two types of Unrestricted and Restricted CoS and if you fail to assign the correct one you may be in breach of your sponsor duties.
We appreciate every situation is different and our team of lawyers are on call to assess which CoS is required and whether you will need to carry out a Resident Labour Market Test (RLMT) before you assign the CoS.
If you intend to hire a Tier 2 skilled worker, you will need to ensure they meet the correct skill level and will be paid the appropriate salary.
Our main aim is to ensure that your employees can start work with you quickly so we are on hand to ensure you have identified a role which meets the skills threshold and you intend to pay the appropriate salary so you cannot be penalised in the future.
Very simply, in most circumstances, you will need to advertise the job you want to recruit for before you hire a migrant worker. This may sound like a simple task but it is not. We are often faced with queries from clients who ask:
Do I need to advertise the vacancy? Where do I advertise the job and for how long? What information do I need to include in the advert? How do I show the Home Office I carried out the RLMT properly?
Our experience tells us that many employers are unaware of when they are required to carry out the RLMT and when it is exempt.
In cases where you are required to satisfy the RLMT, our dedicated business immigration team are on hand to help you advertise in accordance to the Home Office’s strict requirements. We also provide comprehensive guidance on what evidence you need to retain to show you met the RLMT before you hired a migrant worker.
Our expert solicitors who are based in London and Reading, are fully authorised by the Solicitors Regulation Authority (SRA) and are available to consult with you in person at our offices, or via Skype or telephone. To get in touch with our business immigration team, please use the Contact Form opposite or if you prefer, call or email us.