Sponsor Licence advice from Outset UK

Getting to grips with your Sponsor Licence Duties

If your company holds a Tier 2 (General) sponsor licence this will open up a wider pool of potential employees to you. However, there are strict rules associated with sponsoring employees and these can be a minefield to navigate. One common area of confusion is around the minimum salary thresholds that apply, and some employers find that the certificate of sponsorship or visa applications are rejected on this basis and they aren’t really sure what went wrong. The UK immigration system is a points based one, and each Tier 2 (General) applicant must earn 70 points in order to obtain a visa. 20 of these points are made up by receiving the correct salary for the job in question, and applications will be refused if the individual does not score the full 20 points. Currently, the minimum salary which most sponsored Tier 2 (General) workers must be paid is £30,000 or the appropriate rate for the job which is set out in Appendix J to the Immigration Rules, whichever is the higher amount. Appendix J is a list of all jobs which could potentially be sponsored roles, along with a description of the role, its Standard Occupational Classification code (“SOC Code”) and the minimum applicable salary. If you are looking to sponsor someone on a Tier 2 (General) visa, you must consult Appendix J and find the applicable SOC Code. The SOC Code will usually set out both New Entrant and Experienced Worker rates. Note that New Entrant rates are lower, but can only be paid in limited circumstances. In all other cases you must pay £30,000 or the Experienced Worker rate for the role if that amount is higher than £30,000. There some exceptions to the minimum salary thresholds, but these are limited. Appendix A of the Immigration Rules sets out these exceptions in detail, including the conditions which apply to enable an individual to be paid the “New Entrant” rate for the job in question if there is one stated. There are also other factors which can impact the salary. If you had to satisfy the Resident Labour Market Test and advertise the role first, you can’t pay a migrant worker a different salary to the one you advertised. If you reach the stage of assigning a Certificate of Sponsorship (CoS), and then the salary changes, you will have to make a report using the online SMS. Assuming the salary is within the parameters of what you advertised, it still needs to attract the same number of points as the salary originally state on the CoS. In other words, there are potential pitfalls each step of the way and it’s not hard to fall foul of the immigration rules. These rules are spread across various locations, can be complex and regularly change. On top of that, as a sponsor you have obligations to keep particular records and report certain changes within specific time-frames. For example, if the size of your business changes from small to large, or vice versa, that change needs to be reported within 10 working days of the change. If some of this sounds familiar, but you are lacking confidence in taking care of the company’s obligations to the Home Office as a sponsor licence holder then get in touch about our dedicated sponsor licence training package. This package is designed as an interactive half-day session, giving Level 1 users the knowledge and confidence needed to assign certificates of sponsorship, keep appropriate records and make the right checks and report necessary changes all within Home Office rules. For more information contact us on 01622759 900 or visit www.outsetuk.com