If you are a company based in the UK and want to employ foreign nationals (including EU nationals) after the UK officially leaves the EU, you will have to apply for a Skilled Worker Sponsor License. The UK Skilled Worker Visa has replaced the Tier 2 (General) Work Visa so obtaining a sponsorship license for this new visa route will once again allow you to continue to employ non-UK based citizens to work at your company.
The main requirements of such an application are similar to before and are as follows. You firstly must demonstrate to the UK Home Office that you are a genuine company carrying out lawful business in the UK and use law-abiding Human Resources (HR) procedures. This is an essential requirement of being able to obtain the sponsorship license you need. Moreover, you will have to provide evidence of your past and future plans, and how you intend to include the individuals, you recruit from abroad into your company and emphasize the fact that they will be recruited for genuine vacancies.
Providing such evidence would be in the effort to support your case that your company has a genuine need to sponsor workers and to apply for the license you must start by completing the online application process that outlines the aims of your business and also submits a number of documents to prove that it is a business that carries out real and lawful activities in the UK.
There are several documents that you can submit alongside your application to support your case. These can be bank statements, VAT certificates, evidence that you have employer insurance and evidence that you pay rent or work at the premises your claim your company is registered to.
You can also submit a selection to additional documents and evidence that will provide the home Office information relating to the activities of your organisation. This can be a business plan or any proposals you have that have been finalised or are ongoing that encapsulate the truthful activities of your company, and it’s work in the UK.
After your make, your application, the Home Office department in question – UKVI, may even visit the premises of your business to check that everything is above board and the evidence you provided related to your companies activities are truthful. They will do this to also assess whether your organisation or company will actually offer real vacancies to people from abroad and if your business is capable of accommodating them and employing them under the duties that you claim they will work under.
As part of this procedure, UKVI will also do some checks on your business and review your practices, policies and the Hr procedures that your company has in place to make sure that everything is above board and meets UK legal standards. If they find an issue, they may refuse your application so it is very important that you can demonstrate that the systems you have in place meet the standards that are required.
You should normally receive an answer about whether you are eligible to obtain a Skilled Worker Sponsor License within 3-8 weeks. However, decisions can also take as long as 16 weeks.
On the flip side, any individual you want to employ from outside of the UK will have to apply for the new work visa route that is called the Skilled Worker Visa. Upon doing so, they will have to make up 70 point requirements from the new points-based system the UK put into effect in the lead up to the Brexit. Having a job offer from a company that already has a Skilled Worker Sponsorship License is worth 20 points on your future employees’ application for this visa route and is a mandatory criterion that must be met to avoid their application being refused.
Expert immigration lawyers in London confirm that the process surrounding the checks on behalf of UKVI is very strict and their aim is to scrutinize many aspects of your business before issuing you with a license. Failing to pass these checks can result in your application being refused, so it very important that you review all aspects of your business before starting the application process.
As these applications are online, it is possible for anyone to file them directly on the Home Office website. However, it is always smart to seek the right guidance and legal advice from those who know all the details. To ask any further questions about Brexit, immigration or your business and whether it is fit and ready to receive such a license contact Gulbenkian Andonian Solicitors, a highly qualified team of immigration and business lawyers in London