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The UK Border Agency oversees the entry of persons coming to the UK, whether it is for business or pleasure. For migrant workers from outwith the European Union, there is a points system to evaluate whether or not the person seeking to work in the UK has the relevant qualifications and is eligible to work in the UK. Companies wishing to employ nationals from outwith the EU will need to check if the potential employee has the unrestricted right to work in the UK and complete the relevant UK Visa Application form. If the migrant worker does not have such a right, the employer must apply for and be awarded a Sponsor Licence prior to drawing up a contract of employment. It is important that an employer understands his obligations when employing a migrant worker from outwith the EU and there is a comprehensive checklist which the applicant for a Sponsor Licence must refer to before making an application to be a registered sponsor and be listed on the register of sponsors.
The process for applying for a Sponsor Licence or any other visa to enter the UK as a non EU national is complicated, especially if the applicant’s first language is not English. There are companies who are authorised by the UK Government to assist with processing the necessary paperwork for Sponsor Licences and other UK Visa Applications. An employer must apply for a Sponsor Licence if there is a requirement to employ a national who is not from the EU, transfer an employee to the UK from an overseas branch, extend an existing work permit or make any substantial changes to the official role of an existing work permit holder. It will take about three months to process a Sponsor Licence and once granted is valid for 4 years.
Within the Sponsor Licence system, there are three types of permit. The Tier 1 Visa applies to highly skilled workers and the UK Visa Application form is completed by the individual and does not specify the employer. The Tier 1 Visa also allows the migrant to work on a self employed basis. The most popular process of applying for a work permit was through the Tier 1 (General) but this category has been discontinued and those who previously qualified under this admissions procedure must now apply for a Tier 2 Visa and be sponsored by the employer.
Tier 2 work permits are only granted to graduates, and within Tier 2 there are two categories, general and intra company transfer (ICT). There are strict guidelines which must be followed if the application is to be successful. Tier 5 is for temporary workers only.
There are high penalties for employing migrant workers illegally, and it may be more cost effective in the long run to engage a specialist company to assist with the process to ensure that all is in order. Before applying for a Sponsor Licence employers are advised to read the guidelines carefully and engage a specialist who is familiar with the paperwork. The likelihood of success will be higher, taking the pressure off the company’s Human Resource Department.
