9 April

The Tier 2 and 5 sponsor guidance provides sponsors and prospective sponsors with detailed information on (amongst other things) how to make sponsor licence and migrant applications under Tiers 2 and 5. This guidance was updated on 6 April 2020, which is its first significant update since October 2019.

The most noteworthy aspect of the update is the addition of Annex 9, which encourages businesses to apply for a sponsor licence now, even if they are not currently in a position to sponsor migrant workers or unsure of when they will next need to recruit migrant workers. For context, this encouragement follows the UK’s withdrawal from the EU on 31 January 2020 and the Home Office’s publication of a policy paper on 19 February 2020 setting out the new UK immigration system to be introduced following the end of the transition period, i.e. from 1 January 2021. One of the key features of the new UK immigration system is that EU workers will no longer have an automatic right to work and reside in the UK, and therefore many will require sponsorship. The Home Office have also stated that they intend to start accepting applicants under the new points-based system from Autumn 2020, further encouraging businesses to apply for their sponsor licence now so that they are in place before 1 January 2021.

Annex 9 advises that when applying for a sponsor licence, businesses will  need to show that they are able to offer genuine employment at skill level 3 of the Regulated Qualifications Framework (RQF), which is equivalent to A-level educated roles, as opposed to the currently required skill threshold of RQF level 6 (equivalent to degree level roles). Examples of the current RQF level 3 roles can be found in Table 4 of the following Appendix. The genuineness of the role is typically assessed in relation to whether the role requires the jobholder to perform specific duties and responsibilities and whether the relevant migrant possesses all of the mandatory skills and qualifications in order to adequately carry out the role – the job description must not be exaggerated and the role must not be a façade to enable a migrant to reside in the UK.

In order to apply now, applicants must also satisfy all the current eligibility and suitability requirements to become a sponsor. These mandatory requirements include (amongst other requirements) having sufficient key personnel, holding the appropriate supporting corporate documentation, having effective HR systems in place and not having any historical immigration offences for which a civil penalty has been issued.

The majority of applications are considered within two months, however this standard processing time is expected to steadily increase throughout the rest of the year due to the anticipated increase in applications and also due the lack of Home Office resources following the COVID-19 outbreak. This is therefore another reason we would advise businesses to apply sooner rather than later.

At Laura Devine Immigration, we have an award-winning team of expert lawyers who have significant experience in advising clients with successful sponsor licence applications. We also advise on related issues such as sponsor licence management, compliance, suspensions and revocations. If you would like bespoke advice or answers to any queries on the points above, please contact a member of the team at LDI or email enquiries@lauradevine.com.