As the global economy becomes increasingly interconnected, UK employers are often looking to hire skilled workers from outside the European Economic Area (EEA). However, to do so, they must navigate the complex process of the Tier 2 Licence Application. This ultimate guide aims to demystify this process, providing key insights and practical advice for UK employers seeking to hire non-EEA workers.
Understanding the Tier 2 Licence
The Tier 2 Licence is a type of UK visa that allows employers to hire non-EEA workers. It is part of the UK’s points-based immigration system, which prioritises skilled workers. The Tier 2 Licence is divided into four categories: General, Intra-Company Transfer, Minister of Religion, and Sportsperson.
Eligibility for the Tier 2 Licence
Before applying for a Tier 2 Licence, UK employers must ensure they meet the eligibility criteria. These include:
- Having a legitimate and active business in the UK
- Offering a job that meets the Tier 2 skill level
- Having no unspent criminal convictions for immigration offences or other serious crimes
- Providing the necessary supporting documents
Applying for a Tier 2 Licence
The Tier 2 Licence Application process involves several steps:
- Sponsorship Licence Application: Before hiring non-EEA workers, employers must first apply for a sponsorship licence. This involves an online application and providing supporting documents to prove eligibility.
- Resident Labour Market Test (RLMT): Employers must advertise the job in the UK and EEA for 28 days before offering it to a non-EEA worker. This is to ensure that there are no suitable workers already living permanently in the UK or EEA.
- Assigning a Certificate of Sponsorship (CoS): Once the RLMT is complete, employers can assign a CoS to the non-EEA worker. This is an electronic record, not a physical document, which contains details about the job and the worker’s personal information.
- Worker’s Visa Application: The non-EEA worker must then apply for a Tier 2 visa using the CoS number. They must also meet other visa requirements, such as English language proficiency and maintenance funds.
Costs and Processing Time
The cost of a Tier 2 Licence Application varies depending on the size of the business and the type of licence. Small businesses and charities usually pay a lower fee. The processing time for the application is typically around eight weeks.
Maintaining the Tier 2 Licence
Once granted, the Tier 2 Licence is valid for four years. However, employers must comply with certain duties to maintain their licence. These include:
- Keeping records of the non-EEA workers’ immigration status
- Reporting certain changes to the UK Home Office, such as changes in the worker’s circumstances
- Cooperating with any Home Office checks or visits
Conclusion
The Tier 2 Licence Application process can be complex and time-consuming, but it is a key tool for UK employers looking to hire non-EEA workers. By understanding the process and requirements, employers can increase their chances of a successful application and expand their talent pool to include skilled workers from around the world.
