Employers wishing to recruit non-EU migrant workers need permission from the Home Office to enable the migrant worker to lawfully work for them in the UK. This process allows the government to monitor organisations to ensure that there is genuine need for them to employ non-EU workers as well as to try and prevent abuse of the system.
The employer would first need to apply for a Sponsor Licence which is an online application process and once the online application is submitted, the employer would need to post certain documents to the Home Office in support of the application as well as detailed information with regard to the nature of the business. The nature of the documents depends on the type of your organisation and must either be originals or certified true copies.
Employers would need to ensure that they have appropriate systems in place whether that is electronic or manual, whereby they are able to monitor the sponsored migrant workers and where required, report migrant worker activity on the Sponsor Management System (SMS). Currently the Home Office is carrying out audits during the Sponsor Licence application process and many organisations are faced with their Sponsor Licence applications being refused due to failing to have appropriate systems in place. Once an application is refused an organisation would need to wait 6 months before being able to re-apply, therefore it is best to ensure that you are thoroughly prepared before an application is filed.
There are two types of Licences:
- Tier 2 – skilled workers with long-term job offers
- Tier 5 – skilled temporary workers.
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