Tier 2 & 5 - Sponsor Licence

Who can apply for a Tier 2 and Tier 5 Sponsor Licence?

Businesses are allowed to have a Tier 2 and Tier 5 sponsor licence at the same time and certain criteria must be met. This is known as passing the 'residential labour market test'.

The Home Office has specific requirements for an RLMT to be successful, such as:

• Advertising the role in specific places like websites or newspapers
• Writing the advertisement in English (or Welsh for jobs in Wales)
• Advertising for at least 28 days

The Home Office will visit your business to check your human resources and recruitment practices, the history and background of your business and how you plan to manage the sponsoring of Tier 2 and 5 non-EEA workers.

What are the main eligibility requirements for a Sponsor Licence?

To obtain a sponsor licence, you will need to satisfy UK Visas and Immigration that:

• Your company is a genuine organisation operating lawfully in the UK
• You are honest, dependable, and reliable
• You can carry out your sponsor duties and evidencing your compliance in an appropriate timeframe and manner
• You can offer genuine employment that meets the appropriate skill level and appropriate rates of pay

The Home Office will assess whether you are honest, dependable, and reliable by looking at your history and background, as well as that of any staff named on your application and any people involved in the day to day running of your business. They will also assess your human resources and recruitment practices to make sure that you are able to fulfil your duties as a sponsor.

Under the genuineness test, The Home Office will look at the role that you are seeking to recruit foreign nationals for, and the extent to which this role fits within your organisation.

Renewing your sponsor licence

Sponsor Licences are granted for an initial period of 4 years. If you wish to continue to sponsor migrants, you will need to renew your licence before it expires. If your sponsor licence renewal application is successful, your sponsor licence will be extended for another 4 years.

Eligibility requirements for renewal

Sponsor licence renewal applications must be submitted online via the Sponsor Management System (SMS).

Upon the submission of a valid renewal application, you may be asked to send additional business-related documents to the Home Office. Any additional corporate documents will need to be sent to the Home Office within 5 working days of this request. Failure to provide such document may result in the suspension or revocation of your licence.

When you apply to renew your sponsor licence, the Home Office may visit your business premises. This is particularly likely if you have not received a Home Office compliance visit in the last 4 years.

If you fail to renew your licence but continue to employ sponsored migrants, their leave will be curtailed. This means that they will have their visa shortened to 60 days, after which point, they will have to switch immigration category, leave the UK or be subject to removal.

Sponsor Licence Suspensions and Revocations

If the Home Office believe that you are breaching your duties and pose a threat to immigration control, your sponsor licence may be suspended. If you are subject to this suspension, you will not be able to sponsor new migrants, but your current sponsored migrants will be unaffected.

Why choose Westridge Legal?

Our team of experienced immigration lawyers work with businesses and organisations across the UK and have placed many Tier 2 & 5 Visa applicants successfully. We can navigate the complex requirements of Tier 2 & 5 sponsor licences and support you in your matter every step of the way.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.