Background information for
working in the UK
It is the responsibility of an employer to ensure that, whenever they employ someone who is not a UK or EEA national, that the individual has the right to work in the UK. This can be by way of either a Tier 1 permit for highly skilled individuals, a Tier 2 employer sponsored Certificate of Sponsorship, a Tier 5 Certificate of Sponsorship (for working holidaymakers/ youth mobility scheme participants), as a dependant of a work permit holder in the UK or by way of a variety of other visas that give the right to work in the UK. If you are uncertain of your right to employ an individual then please feel free to contact us for further information.
In most cases permission to work is now assessed on a Points-Based System (known as PBS) which places greater emphasis on the accountability and responsibility of employers in selecting non-resident or non-EEA nationals they wish to employ in the UK.
Of the five PBS Tiers it is Tier 1 and Tier 2 that are the most relevant to UK employers.
A Tier 1 (General) permit gives permission for an individual to work in the UK and is for highly skilled migrants. They are assessed against an individual's age, qualifications and earnings. Please see our Tier 1 information page
Tier 2 is designed to let UK employers recruit or transfer people from outside the UK to work here if certain conditions can be met. Under the Tier 2 system employers are responsible for ensuring that a successful candidate is qualified to fill the position being offered and that the job itself meets the necessary criteria.
The Tier 2 process is as follows:
The employer applies for registration as a Sponsor and is granted a licence to access the UKBA’s Sponsor Management System (SMS). This licence would be granted for four years. The employer will need to show the UKBA they are a viable business and that they have suitable HR systems in place. There are large fines or potential prison sentences for employers who fail to meet their obligations under the PBS system.
Thereafter, when the employer wishes to employ an overseas non-EEA national they, or their representatives such as Jones Kelleher & Associates, will submit an on-line application to the UK Border Agency for a Certificate of Sponsorship which will result in a unique certificate number being issued through the SMS for that specific application. The Certificate of Sponsorship is issued for a specific person and a specific job and is not transferable.
The overseas employee would then apply for Entry Clearance from their country of residence; they complete and submit an on-line visa form, then make an appointment at a local visa centre where they will have to provide biometric information and hand over the documents that support the application. When approved, the employee’s passport is returned to them endorsed with a residence permit allowing them to enter the UK as a worker under Tier 2 of the PBS.
For an employee already in the UK with a status that allows switching or extending (e.g. a Tier 1 permit or a current work permit) they apply to the UKBA to have their passport endorsed with their new status. If the applicant is already in the UK under Tier 2, then he/she will instead be issued with an Identity Card for Foreign Nationals (ICFN) – this document confirms personal details and immigration status.
There are two types of Tier 2 Certificates of Sponsorship that employers can issue:
Tier 2 (ICT) Intra Company Transfers; to allow employers to bring key members of staff from an overseas branch of the same company to their UK office. They must have been employed by an overseas branch of the same company for at least 12 months, but the employer is not required to advertise the position before applying.
Tier 2 (General) New Hires; the three main requirements are that the position on offer is at supervisory level (NVQ level 3) or above, that the potential employee has the qualification and/or experience to do the job, and that the employer has advertised the position on a suitable medium and can demonstrate that a suitably qualified resident worker was not available to fill the post.
If you would like more information about how to obtain a Sponsorship Licence, a Certificate of Sponsorship for a prospective employee or to extend an existing work permit, then please contact us for further information.
Whilst a Certificate of Sponsorship grants permission to work in the UK, an employer will also need also to ensure the employee has the correct immigration status which confirms their right to work (in the form of the correct residence permit in their passport). This may involve either an application to switch or extend their current UK immigration status or to obtain permission to travel to the UK (entry clearance) for the purpose of work. We are happy to advise and assist with this, so please contact us if you require further information.