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 IMMIGRATION LAW SERVICES
 
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   Heading Tier 2     
Tier 2 is the latest Points Based System cover skilled workers with a job offer from a UK organization. The intent of this category is to fill skills gaps from within the UK workforce. The applicant will make the actual application for leave to enter or remain in UK, as with the rest of the PBS. However, in order to score the required number of points under this category, the applicant will entail a Certificate of Sponsorship. A Certificate of Sponsorship under this category can only be issued by an organization that has obtained the suitable sponsor’s license, and maintained a place on the national Sponsors’ Register. In common with the work permit activities, approval under this category will be based upon, and be dependent on, the applicant continuing in the applicable role with the relevant employer.


Employer License and Registration


In order to obtain a employer license, an employer must submit an in-depth online application, and then provide a number of business-related supporting papers. If the employer follows with all the relevant obligations and responsibilities, then the license should remain valid for 4 years.


Provinces


A key thought behind the Tier 2 arrangements is that organisations that benefit most from migration should help to ensure that systems are not abuse. As the idea of Tier 2 is purely to help organisations to fill skills gaps, there are significant duties and responsibilities compulsory on employers sponsoring migrants for the reason to their employment in a specific role. In order to register with license and a place on the Sponsor’s Register, the employer needs to agree to certain duties, categorised as follows:
  • Record keeping
  • Reporting
  • Compliance
  • Co-operation
All of these duties and responsibilities are pre define in detailed guidance documentation. There are also precise duties and responsibilities relating to different categories and certain sub-categories within the tiers.


Registration, ratings and penalties

Along with the introduction of the Points Based System, the administration is imposing a system to support compliance and penalise non-compliance on the part of sponsors. These will add “ratings” to employers, a new set of civil offences with fixed penalties, and in the case more serious offences, the threat of removal from the Sponsor’s Register. Removal from the register would of course prevent an employer from issuing or renewing Certificates of Sponsorship, but it would also prevent applicants already sponsored from continuing to work for the employer. A compliant and well established employer will normally be given an “A” Rating. Following an offence, or non-compliance issue, an employer may be downgraded to a “B” Rating. This may affect their potential employees’ applications for leave to enter or remain under Tier 2. A “B” rating will always be a short-term transitional rating. When this rating is issued, it will be along with an agreed action plan. Failure to remain to this action plan will result in further penalties or removal from the register.


Government


Each Certificate of Sponsorship will be a “virtual document” issued through the online Sponsorship Management System. Employers will provide preliminary estimates and predictions regarding the numbers and types of certificates they expect to issue through the system when first registering. This estimate will often require justification. Future applications will compared to the initial estimates. Employer needs to give advertisement in order to issue permit, and in the process of issuing/obtaining a certificate the employer will need to provide details of recruitment advertising. Also in common with the work permit arrangements, factors such as previous approvals and estimates, and the company or department structure, could all have an impact on the issuing of Sponsorship Certificates. The issuing of sponsorship certificates need and will require justification.

Dreamland Consultants. assists employers including both initial registration and administration of the online Sponsorship Management System. Contact us for details of our services relating Tier 2 of the Points Based System.
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