At the latest event on immigration and sponsorship licence for UK startups organised by the UK Home Office, a lot of good questions were asked. Here are the few we noted down and wanted to share their answers more widely. If you have more questions, feel free to ask them on migreat.com where an expert will be happy to answer.
Does the migrant needs to have a Bachelor degree?
No! You do not need a bachelor degree to apply in the Tier 2 category. This said, given that the application for a Tier 2 visa applies only for jobs that are of NFQ 6 level, which means a managerial level in the company most likely, the candidate to the visa will have a bachelor degree. If you apply without a bachelor degree, then you will have to prove that you qualify with the relevant work experience to that level of skills.
What is the most common cause of rejection of the sponsorship licence?
The most common factor of rejection is not being able to send the documents in 5 days when the UKVI ask for more documents from you. As such, the good tip is to always have ALL documents ready to be sent again. Originals and copies.
Try to avoid sending originals if you can, and do certified copies of the originals if you send the originals. 5 days is a short notice to get any paper certified. Having the copies of documents certified and ready will give you more time and remove all stress. From our experience in applying to the sponsorship, you will be asked to send documents you already sent..
How do I do if the migrant worker I want to hire has a visa that expires in 6 weeks?
Applying to a sponsorship licence might take more than 6 weeks to get. As such, we advise you to get expert assistance from lawyers to speed up the process. In case you do not have budget for a lawyer, you should know that it is possible for your migrant worker to send his/her Tier 2 application to the UKVI without the Certificate of Sponsorship (CoS) if your migrant worker provides strong evidence that you are in the process of getting the sponsorship licence, and are likely to obtain it. A strong evidence is obtained when the incomplete Tier 2 application can show that the company has asked to get their application expedited (show copies of emails) and all communications you had with the UKVI regarding the sponsorship application. This said, the incomplete application should be sent before the visa of the migrant worker expires; and there is no guarantee this application will not be refused after given proof that the company is in the process of getting the Sponsorship. It has worked in the past, but there is no guarantee that it will also work in the future.
Do I have to run the Resident Labour Market Test?
It all depends on the position for which you are recruiting. If it is on the list of jobs in shortage, then no! If it’s not on the list, then yes you will have to advertise the job for 28 days. The Migration Advisory Committee (MAC) is currently implementing a call for evidence that new jobs should be added to the list. If you have industry evidence of a skill shortage to provide them, get in touch with the MAC or @Migreat
When shall I start running the Resident Labour Market Test advert?
You do not need to wait to be given the Sponsorship Licence to be running the Resident Labour Market Test recruitment campaign. What only matters is that when you issue the Certificate of Sponsorship to the migrant, you have the proof that you ran the advert for the job position for 28 days.