Tier 2

If you need to extend a work permit, please click here.

If you are an employer who does not yet hold a Sponsor’s Licence, please click here.

If you are an employer who does hold a sponsor’s licence, please click here.

If you have an offer of work from a UK employer, please click here.

Tier 2 of the new Points Based System covers skilled workers with a job offer from a UK employer, and has now replaced the work permit arrangements.

The purpose of this Tier is to fill skills gaps from within the UK labour force. The actual application for leave to enter or remain in the UK, as with the rest of the PBS, is made by the individual. However, in order to score the required number of points under Tier 2, the applicant requires a Certificate of Sponsorship. A Certificate of Sponsorship under this tier can only be issued by an employer that has obtained the appropriate sponsor’s license, and maintained a place on the national Sponsors’ Register. In common with the work permit arrangements, approval under this tier is based upon, and is conditional upon, the individual continuing in the relevant role with the relevant employer (Permission is only valid for that particular role with the relevant employer at the specific salary).

Responsibilities

A key idea behind the Tier 2 arrangements is that organisations that benefit most from migration should help to ensure that systems are not abused. As the purpose of Tier 2 is literally to help organisations to fill skills gaps, there are significant duties and responsibilities imposed on employers sponsoring migrant workers for the purpose of their employment in a specific role. In order to obtain a license and a place on the Sponsor’s Register, the employer needs to agree to certain duties, categorised as follows:

-Record keeping

-Reporting

-Compliance

-Co-operation

All of these duties and responsibilities are defined in detailed guidance documentation. There are also specific duties and responsibilities relating to different tiers and certain sub-categories within the tiers.

Registration, ratings and penalties

With the introduction of the Points Based System, the government has imposed a system to encourage compliance and penalise non-compliance on the part of sponsors. These will include giving “ratings” to employers, a new set of civil offences with fixed penalties, and in the case of more serious offences, the threat of removal from the Sponsor’s Register. Removal from the register would of course prevent an employer from issuing or renewing Certificates of Sponsorship, but it would also prevent migrants already sponsored from continuing to work for the employer. A compliant and well established employer will normally be given an “A” Rating. Following an offence, or non-compliance issue, an employer may be”downgraded” to a “B” Rating. This may affect their potential employees’ applications for leave to enter or remain under Tier 2. A “B” rating will always be a temporary transitional rating. When this rating is issued it will be along with an agreed action plan. Failure to adhere to this action plan will result in further penalties or removal from the register.

Employer Licensing and Registration

In order to obtain a Sponsorship License, an employer must submit a detailed online application, and then provide a number of business-related supporting documents. If the employer complies with all the relevant obligations and responsibilities, then the license should remain valid for four years.

Administration

Each Certificate of Sponsorship is a “virtual document” issued through the online Sponsorship Management System. Employers provide initial estimates and predictions regarding the numbers and types of certificates they expect to issue through the system when first applying for a licence. These estimates require justification. Future applications will then be compared to the initial estimates. There will normally be a need for relevant positions to have been advertised in order for a permit to be issued, and in the process of issuing/obtaining a certificate the employer will need to provide details of recruitment advertising. Also in common with the work permit arrangements, factors such as previous approvals and estimates, and the company or department structure, could all have an impact on the issuing of Sponsorship Certificates or whether certificates issued by an employer would later be seen by the Border Agency as being valid. The issuing of sponsorship certificates is still be based on need, and will require justification.

UK Work Permits Ltd provides assistance to employers including both initial registration and administration of the online Sponsorship Management System. Please contact us for details of our services relating to Tier 2 of the Points Based System.