She writes:
Are you currently sponsoring staff?
We are all aware that Immigration law is ever changing and that complying with legal duties is becoming increasingly challenging for Cambridge schools and businesses. If you have already obtained your sponsorship licence, you will be aware of the eligibility requirements. However, you may not yet be aware of the new requirement for Overseas Criminal Record Checks.
As of 6 April 2017, Tier 2 (General) applicants who fall within a standard occupation classification (SOC) code will need to obtain a criminal record certificate. Any adult dependants will also need to obtain a certificate. A certificate needs to be from every country that the applicant has resided in for 12 months or more, for the ten years prior to the application being made.
We anticipate that obtaining certificates from all places of residence will take a considerable amount of time. We would therefore recommend applying for certificates well in advance of commencing the application process.
Looking to become a sponsor?
As the new academic term approaches, many employers in the Cambridge area are seeking to recruit from overseas. If you are seeking to begin recruiting and employing overseas nationals, you should consider the cost implications, legal duties and time constraints. The type of licence you will need will depend upon whether you are looking to employ a skilled worker for a longer period, or in a temporary position. These two categories are known as Tier 2 and Tier 5.
In order to register and apply for your licence as a Tier 2 sponsor (to employ a skilled worker long term or permanently) you will need to submit an online application form and provide a number of original documents to prove that you are suitable and eligible.
A sponsor licence will ordinarily be valid for four years. This is of course so long as the licence is not revoked or surrendered.
In order to apply you must:
- Complete and send the online sponsor application
- Pay the correct fee
- Provide proof you are based in the UK and provide all necessary documentation
- Meet the eligibility and suitability criteria
- If requested, provide evidence of holding the appropriate planning permission or Local Planning Authority consent
As a Tier 2 Sponsor you will need to accept a number of responsibilities and keep good employment related records as well as notify the Home Office of changes or issues relating to Tier 2 employees. The Home Office may also make site visits, to ensure that the sponsor is complying.
Once you have obtained your sponsor licence, you can use the Sponsorship Management System. The SMS can be used to manage all aspects of sponsoring employees.
At Cambridge law firm Stone King we can provide you with the full list of documents when you are ready to proceed and assist with the application, obtaining the licence, and using the sponsorship management system. Please contact Julie Moktadir at Stone King’s offices at Thirty Station Road.