Business Immigration

 

Certificate of Sponsorship (CoS):

A Certificate of Sponsorship is a certificate that must be assigned by a sponsor licence holder to every prospective foreign employee prior to the individual applying for a Tier 2 visa. There are two types of COS;

Unrestricted CoS:

The Unrestricted Certificates of Sponsorship are assigned to new foreign employees with a salary of more than £155,300. The Unrestricted certificates will be granted as a fixed allocation on a yearly basis as part of your sponsor licence. Once the certificate of sponsorship is issued the individual must then apply for Tier 2 Entry clearance.

Restricted CoS:

The Restricted Certificates of Sponsorship are intended for new employees applying from outside the UK or dependants of students wishing to switch to Tier 2 visa category. It is for those employees who will be earning less than £155,300 annually.  

Sponsorship licence applications:

In order to employ non-EEA workers employers require a sponsorship licence which is granted by the UKVI.

In order to apply for a Sponsorship licence employers must prove the following;  

  • They are a genuine organisation operating lawfully in the UK.
  • Their key personnel named on the sponsor application are honest, dependable and reliable.
  • They are aware of and capable of carrying out their visa sponsorship duties
  • They are offering genuine employment that meets the Tier 2 (General) skill level and appropriate rates of pay.
  • Provide the required documents in support of the application.

Renewal of sponsorship licences:

The Sponsorship Licence renewal application is done via the Sponsorship Management System (SMS). Companies may renew their sponsorship licences 3 months prior to their current licence expiry.

The UKVI may undertake a compliance visit at the company applying for a renewal of their sponsorship licence. As a company you must ensure that you are ready for this visit;

  • Ensure you comply with your sponsorship duties
  • Ensure you maintain records of your migrants employees accurately  i.e, compliance checks
  • Ensure the sponsorship licence application renewal is accurate

Investment and Entrepreneur:

UK Start up Visa

The Tier 1 Graduate Entrepreneur visa has been replaced by the UK start up visa. This route is open to both graduates and non graduates. This visa route is designed for entrepreneurs to start their careers by pursuing a business idea in the United Kingdom.

The individual will have to secure an appropriate endorsement.

UK Innovator Visa

The Tier 1 Entrepreneur visa has been replaced by the Innovator Visa. This route requires an endorsement from an appointed professional body. The capital investment has been lowered to that of the previous route.

Tier 1 Investor Visa

The Tier 1 Investor visa is for individuals wanting to invest in the UK. This route allows you to invest £2,000,000 or more in UK share capital or loan capital in active and trading UK registered companies.

Tier 1 Investor Visa extension

An individual holding a Tier 1 investor visa may apply to extend their stay under this category and will be given a further 2 years leave to remain under this route. As part of the application the individual applying must provide a comprehensive and complete application a failure to do this may render a refusal.

Right to work checks:

Employers are obliged to retain evidence of each of their employee’s legal right to work in the UK.

Biscoes can help Employers in the following;

  • Sponsors licence applications, renewals and revocations for specialist or temporary workers
  • Make Visa applications
  • Right to work checks and auditing service to support business immigration applications
  • Make Business immigration applications for extension of stay and settlement
  • Conducting business immigration audits in the workplace to assist in preventing illegal working

For further information or to speak to one of our experts, please get in touch