Tier 2 Skilled Worker Visa

Since the Points Based System came into effect in November 2008, employment-based visas have been grouped into different tiers. Sponsoring non-EU nationals, what used to be the Work Permit, comes under Tier 2.

For an employer to sponsor a non-EU national, it must have a Tier 2 Licence. To obtain the Tier 2 Licence, the employer must demonstrate that it is a real company. Furthermore, the Tier 2 Licence applicant must demonstrate that it has a HR System to prevent and detect illegal employment.

Also, the employer must demonstrate that it will fulfil its duties and obligations as a Tier 2 Licence holder if it is granted the Tier 2 Licence.

The Tier 2 Licence application must state the type of employees it will employ under the Tier 2 scheme. In other words, as a Tier 2 licence holder, will the employer only sponsor new employees, intra-company transfers or both?

Once the Tier 2 Licence has been granted, the company can sponsor non-EU nationals. The company assigns a Certificate of Sponsorship (CoS), which is a virtual document; to the non-EU national it wishes to employ. This employee is known as the Tier 2 employee. Once the Certificate of sponsorship has been assigned, the company’s responsibilities as a Tier 2 Licence holder begins.

As a Tier 2 Licence holder, the company must detect and prevent illegal employment. Illegal employment is not limited to someone illegally present in the UK. Some other examples of illegal employment are:

1. Someone in the UK legally present but not able to work. A good example is an American national that enters the UK as a tourist. Although the person entered the UK legally, visa does not allow the person to work in the UK; or
2. A person in the UK on a Tier 4 Student Visa who works more than 10 or 40 hours a week; or
3. A person who works for less than minimum wage.

The UKBA will conduct an inspection to the Tier 2 Licence holder’s place of business. During this inspection, it will check that the Tier 2 Company has an HR system to detect and prevent illegal employment.

At Miles Pierce, we have an innovative service work with companies to design and implement an HR System that will detect and prevent illegal employment. Prevention of Illegal Employment or PIE is the name of the service.

For a flat rate, we will help you devise and implement an HR System that meets your needs. We will act as a Level 1 User. We will also provide an update on any changes in the law and assist in training your staff.