Hiring a Tier 2 Migrant - 5 things you need to know
If you are an employer seeking to recruit a non-EEA national worker, hiring a Tier 2 migrant may seem like a complex process. We have outlined below 5 things which could be helpful to know as you embark on the process of hiring a Tier 2 migrant:
1. Urgent Applications
A restricted Certificate of Sponsorship (CoS) can be issued sooner than the normal allocation date where exceptional circumstances are met. Using your SMS account, you can email UK Visas and Immigration for an urgent request. This can be sent to Tier2Limits@ukba.gsi.gov.uk.
2. ‘Cooling off’ periods
Once a migrant worker’s Tier 2 Sponsorship has expired, there is a 12 month ‘cooling period’ which must pass before the worker can apply under a Tier 2 category. It is therefore important to find out the applicant worker’s immigration status before assigning a CoS. All you have to do is ask.
3. Scoring points and meeting priorities for a restricted CoS
Prior to making a restricted CoS application, it is important to remember the order of priority given to restricted CoS applications. First, priority is given to those occupations on the Shortage Occupation List. Second, priority is given to roles which require a PhD or are in the research field and fall under the SOC code. Third, priority is given to employers who have already satisfied the Residence Labour Market Test. Ask yourself whether your role satisfies any of these criteria, and if not, be aware that it may be harder to obtain a restricted CoS.
4. Have you advertised for 28 days?
In order for your Resident Labour Market Test to be compliant, the position that you are recruiting for must be advertised for at least 28 calendar days within the 6 months immediately before you assign a Certificate of Sponsorship. You will need to post advertisements for the role on at least two approved recruitment platforms.
Your job advertisement must include certain details such as the qualifications and skills required, a job description, salary and location, as well as a closing date for applications, unless recruitment is on a rolling basis.
At the end of the advertising period, you will need to be able to show, with reference to appropriate records, that no suitable settled worker was available to fill the job (unless the job is a PhD level occupation).
5. Record keeping – don’t neglect this!
Record keeping is the best way to ensure compliance, yet it is regularly overlooked by employers. Emphasis on this is important, especially following the recent Home Office crackdown on targeting employers for breaches. Ideally, checks on employees’ immigration status should be made prior to their commencement of employment and documents evidencing that adequate checks have been carried out should be retained. Moreover, all documents used in your CoS application should be kept until your licence period ends. It would be equally useful for you to keep informed of updates and changes to immigration rules; namely, by way of training HR staff and carrying out routine internal compliance checks.
Contact Our Business Immigration Barristers
For further advice and information on sponsoring a Tier 2 skilled worker, contact our business immigration barristers in London on 0203 617 9173 or via our enquiry form.
