An employer needs to have a sponsorship licence from UKBA in order to sponsor an overseas non EEA employee to come to the UK for work.
UKBA will consider whether the employer will genuinely benefit from migration and whether the employers is reputable, pay their taxes and is secure.
The Company needs to make an online application and provide the necessary documents to satisfy the UKBA that the company is genuinely trading in the UK.
These documents are specific to the type of company and may include for example certified copies of at least 4 of:
- Employers Liability Documents
- Vat registration documents
- Letter from your bank
- Audited accounts
- Tax returns or notice of tax returns
- Licence to practice if required
- HMRC documentation
Start up companies will have to provide additional documents. The employer will have to provide details of the proposed employment, the salary offered, which needs to be the correct amount for the amount of hours of work employed. There are different rates for new entrants to the job market and those with experience.
If all the documents are in order and if the company accounts are healthy, then a licence will be issued very quickly.
The employer will have certain procedural and documentary requirements to comply with or they could face losing their licence or being downgraded.
Once they receive their licence they will be required to go through the process of applying for a Restricted certificate of sponsorship in most cases which requires a Resident Labour Market Test to be carried out and an application to the UKBA panel.
The process is different if your overseas national is already in the UK and we can assist you with that too.
Following this, an on line entry clearance application under the PBS tier 2 category must be made for the employee.
If you require any assistance with any of these type of applications, then please contact our Immigration team.