Do I Need a Solicitor When I Hire Someone from Outside the EU

evaholmes247
April 2, 2013

If you’re a business looking to hire someone from outside the EU, you’ll need to consider getting a specialist immigration solicitor to make the process run quickly. Most businesses will be looking to hire a Tier 2 skilled worker on a Tier 2 work permit, and will need to apply for a sponsorship license, and then issue a certificate of sponsorship to the employee. Tier 5 employees can also be hired on a temporary basis, and require a similar process. What, then, does this involve, and what complications might arise?

A Tier 2 skilled sponsored worker is assessed on a points based system, with their prospective employer being responsible for getting a license for employing them – the Certificate of Sponsorship that an employer then receives from the UK Border Agency is issued to the employee when they apply for their visa as a Tier 2 migrant. Most of this process can be carried out online, but will require businesses to have an Authorising Officer to handle any problems.

Getting a license and issuing sponsorship certificates means keeping detailed records, and ensuring that new employees from outside the EU are eligible under all the criteria that the UK Border Agency set. The employee must be someone whose skills cannot be easily found in the UK, and are usually expected to have a degree, as well as NVQ Level 3 or 4 and above in terms of qualification. A Tier 2 visa can be divided between long term staff with 2 year extendable periods, and short term with up to 12 months of time. Tier 2 migrants can also be exceptional sportspeople or ministers of religion required for working within an organisation.

Sponsorship is also required for temporary workers that are going to need a visa for working in the EUfor 12 months – this can cover everything from creative artists to charity workers, religious workers, and people involved in a Government authorised exchange. Some schemes can also involve academic, work experience, and internationally agreed programs and training. Tier 5 requires a similar sponsorship process to Tier 2.

One of the main challenges for employers looking to hire from outside the EU is making sure that they don’t fall foul of the UK Border Agency’s regulations – hiring an immigration solicitor can make this process much easier, and can also mean that all license fee and certificate fees are met – if registering for the first time, Tiers 2 and 5 cost small businesses £500 for a license, with medium and larger businesses paying around £1,500; the assignment costs for certificates cost £179 for Tier 2, and about £20 for Tier 5.

It’s worth, then, getting a specialist immigration solicitor to help you to avoid any delays in getting your application for a license and a certificate of sponsorship processed; not doing so can mean that you have to delay making a new hire – if all things go well, an application should take about 4 weeks, although the UK Border Agency does refuse a number of certificates every month if they don’t meet criteria.

About The Author :

Eva Holmes enjoys deciphering the law and writing about her findings so others don’t have to! Currently she is focusing on immigration law.