Tier 2 and Tier 5 License
If you want to sponsor someone from outside the UK, you may need a sponsor license.
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Two main types of licenses:
The license you need will depend on whether the workers you want to fill your jobs are:
- Tier 2 - skilled workers with long-term job offers OR
- Tier 5 - skilled temporary workers visa
For either of these tiers or both, you can apply for a license.
Tier 2 visa overview
Tier 2 is for skilled workers. Workers whom you want to either employ long-term or permanently. It is split into 4 different categories:
- General - the role must meet the job suitability requirements
- Intra-Comp any Transfer - for multinational companies which need to transfer employees to the UK
- Minister of Religion - for people coming to work for a religious organization (for up to 3 years)
- Sportsperson - for elite sportspeople and coaches who will be based in the UK
Tier 5 visa Overview
Tier 5 temporary workers visa that you want to employ on a temporary basis. Tier 5 is split into 5 different categories:
- Tier 5 (Temporary worker Creative and Sporting) visa - to work as a sportsperson (up to 1 year), entertainer, or artist (up to 2 years).
- Tier 5 (Temporary worker Charity Worker) visa- for unpaid workers (up to 1 year).
- Tier 5 (Temporary worker Religious Worker) visa - for those preaching, pastoral and non-pastoral work (2 years).
- Tier 5 (Temporary worker Government Authorized Exchange) visa - work experience (1 year), involving research projects/training, for example, practical medical or scientific training (2 years) to enable a short-term exchange of knowledge
- Tier 5 (Temporary worker International Agreement) visa - where the worker is coming to do a job that is covered by international law.
Tier 5 visa Requirement
The requirements of Tier 5 visas vary based on the particular category for which you are applying. Check out the details for each Tier 5 visa category that you're applying for.
It is not necessary to meet the English language prerequisite to apply for Tier 5 visa.
Tier 5 visa Document
The required documents to submit the Tier 5 visa UK application will again vary based on the kind of visa application you submit, but generally, these are the necessary documents you'll have to provide under the majority of categories of a Tier 5 visa.
- Application's Passport and/or valid Travel Identification
- A passport-sized color photograph
- The previous passports of the applicant (if they had any)
- Documentation of maintenance requirements Personal Bank Statements or a Confirmation of your accommodation and maintenance in the event of need from your A-rated sponsor.
- Tuberculosis (TB) test results when your country is included listed as a country where you must take the test.
Dependent under Tire 5 Visa
A dependent, typically your child or partner younger than 18 years old, can be a part of your application to the UK as a dependent of Tier 5 visa holders. Your dependents have to submit an application at the same time as you do and pay the healthcare surcharge in their application.
You must also meet any additional maintenance requirements for your dependents along with the PS945 you'll need to provide for yourself.
Sponsorship management roles:
When you apply for a license, you need to appoint people within your business to manage the process of the sponsorship.
The main tool they’ll use to do this is the sponsorship management system (SMS).
The roles are:
- The authorizing officer – this person would be a senior and competent person who is responsible for the actions of staff and representatives, who use the SMS.
- The key contact – this would be your main point of contact with UK Visas and Immigration (UKVI).
- The level 1 user – this person will responsible for all day-to-day management, of your license using the SMS system.
These roles can be taken on by the same person or different people.
You are able to appoint an optional level 2 user, once you have your license. This would be an SMS user with more restricted access than a level 1 user, for example, they cannot withdraw a certificate of sponsorship.
Sponsorship certificates:
If you employ a foreign worker, you must assign a certificate of sponsorship to each of them. Each certificate will contain its own number, which the worker can use to apply for a visa.
Job suitability:
If the job the worker is going to do has a suitable rate of pay and skill level, you can sponsor a worker
The job will usually need to be Regulated Qualifications Framework (RQF) level 6 or above if your worker has a Tier 2 (General) or Tier 2 (Intra-company Transfer) visa.
Creative jobs:
There are separate rates of pay and skill levels for:
- Dancers
- Film and TV performers
- Theatre and opera performers
- Film and TV workers
Advertising the job
If the job that you are offering is not on the shortage occupation list, you may need to advertise it. This is called carrying out the ‘resident labor market test’.
Any job advertised, must be offered to a worker in the following categories:
- Tier 2 (General)
- Tier 2 (Minister of Religion) or Tier 5 Religious Workers
- Tier 5 (Creative and Sporting) in the creative and entertainment sector, unless you are able to explain why the job cannot be done by a settled worker.
When advertising, you must place at least 2 adverts. ‘How to carry out the resident labor market test’ section of the guidance for sponsors, will show you the other rules that need to be followed.
The adverts must be a genuine vacancy. You must also make sure that there are no suitable workers already living permanently in the UK.
How long to advertise the job for?
For a minimum of 28 days, you must advertise your job vacancy. This can be continuous or in 2 separate stages.
Sponsoring under-18s:
If you want to sponsor a foreign worker, you cannot sponsor them under the age of 18 for:
- a Tier 5 (Youth Mobility Scheme) visa
- a Tier 5 (Temporary Worker - International Agreement) visa - if they’ll be working as a private servant in a diplomatic household or in the household of an employee of an international organization
If a child is under the age of 16, you cannot sponsor them for a Tier 2 visa.
You must:
- Ensure that foreign workers must have the necessary skills, qualifications, or professional accreditations to do their jobs. They must keep all the relevant copies of documents showing this.
- When the job is suitable for sponsorship, you need to assign the certificates of sponsorship to the workers.
- If the workers are not complying with the conditions of their visas, you must immediately tell the UK Visas and Immigration (UKVI).
- Your license may be downgraded, suspended, or withdrawn if you do not meet the criteria.
Read the full guidance on sponsor requirements and duties and check workers have the right to work in the UK.
Monitoring employees:
HR systems must be put into place that let you:
- Monitor your employees’ immigration status
- Keep copies of documents for each employee, including passport and right to work information
- track and record employees’ attendance
- Keep employee contact details up to date
- Report to UKVI if there are any problems, for example, if your employee stops coming to work.
Changes to your business:
If there are any significant changes in your own circumstances, within the period of 20 working days, you must report them, for example, if you:
- stop trading or become insolvent
- substantially change the nature of your business
- are involved in a merger or take-over
You must also tell UKVI if you’re changing your details.
