A Tier 2 Certificate of Sponsorship (cos) may be allocated to a Licenced Sponsor following a successful request to the Tier 2 Limits Team via the Sponsorship Management System. Once awarded and available on a Licence, a Certificate may then be assigned to a potential migrant worker. Each Certificate of Sponsorship has a unique number which may validate a Tier 2 visa application. Once a visa is granted the Certificate of Sponsorship holds your personal information and details about the job you will be undertaking here in the United Kingdom.
The Resident Labour Market Test (RLMT) demonstrates to the Home Office that the UK labour market has not been disadvantaged or devalued when UK employers recruit skills from outside the European Economic Area. In order to carry out the RLMT, the employer is required to conduct a visible advertising campaign for the appointment for a period of 28 days.
Job coding – there is a framework of requirements that must be satisfied if a Licenced Sponsor was to successfully request a Restricted Certificate of Sponsorship. The sponsorship mechanism allows British businesses access to international talent.
Human Resources directives frequently change and there are multiple regulations that employers must adhere to including health and safety, contracts of employment, the Data Protection Act and GDPR to name but a few.
Once your Tier 2 Employer Sponsorship Licence is granted, your company will receive access credentials to your Sponsor Management System (SMS). As declared in the application process, access should be limited to designated and authorised company or representative key personnel as the Sponsor Management System portal will contain privileged company information. The portal also allows the confidential exchange of information with the Home Office that the company must be accountable for such as:
Why do companies get their licence revoked or downgraded?
Without frequent updates a Licence can rapidly become out of date failing to represent the Employer current status. There are requirements that Sponsors must adhere to in order to avoid their licence being downgraded or revoked.
June oversubscription of Tier 2 RCoS Allocations
Many UK businesses and aspiring skilled migrants will be painfully aware of the ongoing oversubscription of the Tier 2 RCoS allocations Points Based System. It’s a reasonable assumption that this is a Brexit related phenomenon as more UK companies have identified non-European labour as a more secure source of recruitment.
There are a number of concerns with the UK Government’s apparent determination to maintain a tight grip on the inflow of skilled migrants. Muddling a vote for Brexit with a clamp down on skilled migrants is hampering the growth of the UK economy. Both public and private sector organisations have been severely disadvantaged over the past 6 months as the Home Office have been forced to favour crucial skills shortages to the utter detriment of all else.
The Migration Advisory Committee advise the government on Migration to the UK, particularly under the worker routes. They have set out this years’ recommendations to the government for the Tier 2 category. Usually if the government is in agreement with these recommendations please expect to see changes to the rules on or after the 6th April 2016.
Please note these changes may not occur retrospectively, therefore anyone who currently holds Tier 2, its unlikely they will be affected. Usually these recommendations are for new applicants or those applying to extend their Tier 2 visa. We will know much more on 6th April 2016.
Recommended Changes Tier 2
1. Recommendations – Salary Thresholds
The Advisory Committee has recommended that the overall minimum salary threshold reflects the skill requirement of NQF6+. Therefore the recommended salary threshold may be as follows:
Tier 2 (General)
New Entrants £23,000
Tier 2 Intra Company Transferees
Long Term – Conventional £41,500
3rd Party Contracting £41,500
Short Term – Graduate Trainee £23,000
Skills Transfer £30,000
Short Term (Conventional) £30,000
Third Party contracting £41,500
2. Recommendations – Immigration Skills Surcharge
The Migration Advisory Committee has recommended that the government introduce an Immigration Skills Charge – The charge will be an upfront cost payable at the time the Migrants Certificate of Sponsorship is issued.
The charge per year for employing a skilled individual should be enough to have a significant impact on the employers’ decision making processes for employing a Non-EU Migrant.
Please note that the HM Treasury will determine the level of the Immigration Skills Charge and how the revenue will be spent. The Migration Advisory Committee has advocated £1,000 per Tier 2 migrant per year.
3. Recommendations – Restrictions to Tier 2 (General)
Tier 2 will not be limited to a list of genuine skills shortages and highly specialist expertise. The Resident Labour Market Test should be rolled out to In-country switchers from Tier 1, 4 & 5. The annual Tier 2 limit will be increased to accommodate this.
They would like to see a regular review of the Shortage Occupations list (SOL) to ensure the list is still relevant and companies which fall under SOL may be asked to provide evidence on their recruitment drives in order to demonstrate that they are actively trying to resolve the shortages within their sector.
4. Recommendations – Restrictions to Tier 2 (Intra Company Transfers)
The amount of prior experience required for a candidate applying for Tier 2 Intra Company Transfer should be raised to 24 months, however this should not apply to the graduate and skills transfers route.
All ITC’s should pay the Immigration Health surcharge to bring it inline with all other visa applications.
The Home Office and HMRC to join forces in establishing whether allowances and payment of National Insurance contributions are not being undercut.
Third Party Contracting – MAC would like to see a separate route for third party contracting to be established.
5. Recommendations – Restrictions to Tier 2 Dependants
NO RECOMMENDATIONS FOR Tier 2 DEPENDANTS