Update: 7 May 2020. The Home Office have issued guidance on particular areas of UK immigration affected by the Coronavirus pandemic.They have issued guidance for Tier 2, 4 & 5 Sponsors about how they will consider applications and also on specific issues that might ordinarily be potential breaches of the Sponsor Guidance during this time.
Here is the link to that guidance: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-tier-2-4-and-5-sponsors
Our business immigration solicitors represent both employers and employees to enable skilled workers to come to or remain in the UK to work in Tier 2 and Tier 5 and also in other work based routes.
Tier 2 Visa Applications
Tier 2 enables skilled workers to come to the UK with a work permit up to six years. Applicants must have a UK based sponsor (employer) that holds a Sponsor Licence to employ migrant workers from outside the EEA.
Tier 2 is divided into four categories:
- General – for workers coming to the UK to fill a gap that cannot be filled by a UK or EEA worker or a shortage occupation
- Intra-Company transfers – for employees of multi-national companies being transferred to a skilled job in their UK based branch
- Elite sports person
- Ministers of Religion
Tier 5 Visa Applications
Tier 5 enables short-term and temporary workers to come to the UK to undertake roles in specific work categories. Again applicants must have a UK based sponsor (employer) that holds a Sponsor Licence to recruit temporary workers from outside the EEA, unless applying under the Youth Mobility Scheme.
As Tiers 2 and 5 are part of the Point Based System applicants need to score points for entry into or stay in the UK. This means that an application needs to be made on the correct basis and with all the necessary supporting documents from the outset.
It is particularly important to ensure that the role a migrant worker wishes to undertake meets the relevant skills and salary requirements for Tier 2 or Tier 5 and that they can meet any required English Language and maintenance requirements.
Brexit and Working in the UK
The Home Office has released an employer tool kit for businesses employing EU nationals with advice for employers on how to support employees and their families on applying for settled status.
Employers and Sponsor Licences
We have extensive experience of assisting employers in applying for and administering Sponsor Licences in Tier 2 and Tier 5, including advising on immigration compliance issues. We can advise employers on the steps they need to take to assist their employees to obtain the correct visas.
Employees and Work Visas
We provide advice to help those wishing to work in the UK identify the most appropriate route available.
Some work routes can lead to obtaining permanent residence in the UK. If this is something that an employee wishes to achieve it is important to ensure that the correct route is identified for the worker and their family members.
We assist with visa applications including initial applications, extensions of stay and Indefinite Leave to Remain for them and their family members.
In accordance with rules published by the SRA, as of December 2018 all firms offering this type of work must publish details of prices and personnel undertaking the work. Please see our dedicated fees page for more information.