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If you are a UK-registered company and you want to hire a non-EEA or Swiss employee you will, in most cases, need to sponsor them before they can legally take on the role.
Before entering the UK to take on a prospective role at your company or business, your migrant employee must obtain a Certificate of Sponsorship (CoS). A CoS will allow the individual to then apply for his/her appropriate Work Visa and gain the right to work in the UK. You must apply for a CoS once you have made a job offer to any non-EEA or Swiss migrant. Once the CoS has been processed, they will be able to apply for their visa with you as their UK sponsor.
Our highly-qualified immigration lawyers can help you obtain a Certificate of Sponsorship. Our premium Immigration Consultancy services are designed exclusively for businesses and make sure that your HR methods are functioning legally. We will liaise with the Home Office and your prospective employee, procuring and checking all necessary documents. With this, we will ensure that the prospective employee is in line with immigration regulations. We will also assist you with your use of the Online Sponsor Management System to ensure that your CoS application is properly made. Contact us today for a consultation with one of our immigration lawyers.
It is important to note that you can only apply for a CoS if you are already a Sponsorship Licence holder, as this entitles you to make job offers to non-EEA foreign national. Once you are a UK registered sponsor, you will be eligible to apply for a CoS on behalf of your future migrant employee.
Once a job offer has been made to this future employee, your company will need to make an application for a CoS to the HMRC Compliance team. You will need to do this using your company’s Online Sponsor Management System and you need to be a Level 2 minimum to make an application.
After the CoS has been issued, it will act as a validation for your prospective Tier 2 employee. It will act as proof of their job offer, the role they will be filling and their salary in their application for their Work Visa.
Certificates of Sponsorship are categorised into two types: the type which you will need to apply for on behalf of your migrant employee depends upon several different factors.
An Unrestricted Certificate of Sponsorship is applicable to:
A Restricted Certificate of Sponsorship is applicable to:
It is important to note that there is a restriction on the amount of Restricted CoS issued annually. This cap is currently around 20,700 per year.
The Home Office is now placing a restriction on the number of Restricted Certificates of Sponsorship issued to UK employers each year. Because of this, it is crucial that an application for a CoS is completed to the highest standard.
Our immigration lawyers will work with you and your business to ensure that your chances of being granted a Certificate of Sponsorship are maximised.
We will assess the role and individual you intend to hire to determine which type of CoS is appropriate. We will check all the details of your prospective employee to ensure that they are meeting immigration requirements. This will involve checking that the role they will fill is either on the UK Occupation Shortage List or that it has passed the UK Labour Market Test. We will also support your use of your company’s Online Management System. Get in touch now to speak with an immigration lawyer.
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