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The United Kingdom has long been a desirable destination for skilled professionals around the world. With its diverse culture, robust economy, and wealth of opportunities, the UK presents a compelling case for those seeking to advance their careers.

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One of the primary routes for skilled workers outside the European Economic Area (EEA) and Switzerland to work in the UK is through a Tier 2 Sponsorship. This guide will provide a comprehensive overview of how to secure a Tier 2 Sponsorship in the UK.

What is Tier 2 Sponsorship?

Tier 2 Sponsorship is part of the UK’s points-based immigration system. It’s designed for skilled workers from outside the EEA and Switzerland. To qualify, an individual must have a job offer from a UK employer who holds a valid Tier 2 sponsorship license. This visa category allows skilled professionals to work in the UK for an extended period and can potentially lead to permanent residence and citizenship.

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Eligibility Criteria

For Employees:

  1. Job Offer from a Licensed Sponsor: The first step is receiving a job offer from an employer who is registered with the UK Visas and Immigration (UKVI) as a licensed sponsor.
  2. Skill Level of the Job: The job offered must be at a skill level of RQF Level 6 or above, which typically includes graduate-level roles.
  3. English Language Requirement: Applicants must prove their knowledge of English, either by passing an approved English language test or having an academic qualification that was taught in English and recognized by UK NARIC.
  4. Appropriate Salary: The salary offered must meet the minimum salary requirement set by the UK government, which varies depending on the job.
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For Employers:

  1. Tier 2 Sponsorship License: Employers must apply for and obtain a Tier 2 Sponsorship License from the UKVI. This involves proving that they are a legitimate business and capable of fulfilling their sponsorship duties.
  2. Resident Labour Market Test (RLMT): In most cases, employers need to advertise the job to UK workers before offering it to someone from outside the EEA.

The Application Process

For Employees:

  1. Obtaining a Certificate of Sponsorship (CoS): Once you have a job offer, your employer will provide you with a CoS – a unique reference number that holds information about the job and your personal details.
  2. Visa Application: Apply for your Tier 2 (General) visa using the CoS. This process involves filling out an online application form, paying the visa fee, and the Immigration Health Surcharge.
  3. Documentation: Submit required documents, including your passport, proof of your knowledge of English, and bank statements to prove you have enough personal savings.
  4. Biometric Information: Attend an appointment at a visa application center to provide your fingerprints and photograph.

For Employers:

  1. Applying for a License: Submit an application to UKVI with supporting documents proving the legitimacy of the business and the ability to comply with sponsorship duties.
  2. Assigning the CoS: Once the license is granted, assign a CoS to the prospective employee through the Sponsor Management System (SMS).

Legal Requirements and Compliance

For Employees:

  • Adhere to the conditions of your visa, such as not working for an employer who isn’t your sponsor.
  • Inform UKVI if there are significant changes in your circumstances.

For Employers:

  • Ensure compliance with the duties of a Tier 2 sponsor, including record-keeping and reporting responsibilities.
  • Monitor and track the immigration status of your employees.
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Tips for a Successful Application

For Employees:

  • Ensure that the role offered is on the list of eligible occupations.
  • Prepare thoroughly for the English language test.
  • Ensure all your documents are accurate and up-to-date.

For Employers:

  • Conduct the RLMT effectively and keep records of this process.
  • Ensure that the salary offered is appropriate and meets the guidelines.
  • Keep detailed records of all foreign workers.

Conclusion

Securing a Tier 2 Sponsorship is a detailed and often complex process that requires meticulous attention to various requirements and regulations. For employees, the journey involves finding a suitable sponsor, meeting the eligibility criteria, and navigating through the application process. For employers, it involves obtaining a sponsorship license, conducting the RLMT, and ensuring compliance with ongoing sponsorship duties.

It’s important to stay abreast of the latest immigration laws and policies, as these can change. Consulting with immigration experts or legal advisors can also be beneficial in ensuring a smooth and successful application process.

This guide provides a foundational understanding of how to secure a Tier 2 Sponsorship in the UK. Whether you are an aspiring employee seeking to work in the UK or an employer looking to hire skilled foreign workers, understanding and following these guidelines is crucial for success.

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