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Sponsoring and Hiring Foreign Nationals

Competition for talent is global and is keenly felt by industries where there is a need for highly skilled individuals whose skills are in short supply.

In these situations, it can be necessary to spread your recruitment net as far as possible to attract the right experience and knowledge into your business. This means you could be employing people who need a visa to work in the UK.

When you’ve finally found the right person for your team, you don’t want to lose them by failing to meet the immigration requirements. To avoid this, it’s crucial to have expert legal advice to hand.

Who needs a work visa?

Currently, if a potential employee wants to live and work in the UK but is not a citizen of a country within the European Economic Area, you need to apply for a Tier 2 visa. There are four types of Tier 2 visas:

  • Tier 2 (General): for skilled individuals that enter the UK to fill a gap in a UK business that no settled worker can fill
  • Tier 2 (Intra-Company Transfer): for employees of multi-national organisations who are being transferred to a UK branch of the corporation
  • Tier 2 (Sportsperson): for sports individuals whose contribution to the development of their sport in the UK is considered valuable
  • Tier 2 (Minister of Religion): for people to undertake a religious role within their faith communities in the UK

How can you employ a Tier 2 migrant employee?

To be able to employ a person who requires a Tier 2 visa, you need to do the following:

  • Obtain a sponsorship licence to demonstrate your business meets the requirements to sponsor employees who need visas
  • Obtain a certificate of sponsorship, which will be assigned to the individual you wish to employ
  • Comply with ongoing legal requirements to maintain your sponsorship licence and therefore continue to hire a person on a Tier 2 visa.

Unfortunately, the process of employing a person on a visa is complicated and subject to detailed scrutiny; it is a particularly complex area of law that sees regular changes.

However, transferring someone from overseas and their subsequent ongoing employment is an investment for your business, so it is worth seeking expert advice at each stage of the visa application process. This starts when you begin recruiting and continues throughout the employment of the Tier 2 sponsored employee.

GSC Solicitors: Expert at Employee Immigration Matters

Expert immigration lawyers, such as our specialist immigration team at GSC Solicitors, can advise at each stage of the process. They ensure full compliance with Home Office requirements in all aspects of UK immigration, whether transferring an existing employee into the country or hiring someone new.

Our employment law solicitors use their specialist knowledge and extensive experience to support clients on all aspects of corporate and immigration law. If you have an issue you would like to speak to one of our team about,contact GSC today.

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