Human Resources - Tier 2 Compliance
Human Resources Compliance
Do you hold a Tier 2 Licence? In order to effectively manage the Tier 2 Employer Sponsor Management System and the people you are sponsoring under Tier 2 you are required to adhere to the compliance duties and responsibilities set out by the Home Office.
If you are unsure whether your company holds a Tier 2 Licence please click here.
“The Home Office retain the right to conduct spontaneous audits on Tier 2 sponsors. Without professional intervention, such an audit may lead to employers being fined, down-graded or in worse instances, having their Tier 2 sponsor licence revoked and employees deported.”
Human Resources Compliance – Basic Process
- After you have made an application for a Tier 2 Sponsor Licence, the Home Office will undertake a pre-compliance check on your company to establish whether your company’s infrastructure can support the management and compliance of their Tier 2 Sponsorship Duties.
- Once your licence has been approved, you must appoint Key Personnel to manage the Licence and those who are sponsored under Tier 2.
- You must maintain all compliance and Tier 2 sponsorship duties throughout the duration of the licence.
- Your licence will be valid for 4 years. You may apply to renew your licence 3 months prior to its expiry date.
- The Home Office may undertake further audits during the 4 year term of the licence to ensure you are maintaining your compliance duties.
Human Resources Compliance – Basic Responsibilities
- You must ensure the information provided during the application process is accurate and complete.
- You must ensure you have legitimate employment opportunities which your company is fully committed to.
- Your company is a genuine entity trading and operating in accordance with UK/ EU Law.
- You or any person involved with the management of the application and administration of compliance duties does not represent a threat to Immigration Control.
- You and any other person responsible for the management of the Licence are committed to carrying out all of their sponsorship and compliance duties set out in the Home Office policy guidance.
Basic Sponsorship – Basic Duties
- Make sure you secure all personnel files and have back up copies.
- Ensure all employees can demonstrate they have the right to live and work in the United Kingdom.
- You must ensure that the documents your employees provide, are legitimate.
- You must update the Home Office of any change of circumstances to the licence, key personnel or Sponsored Migrants.
There are a number of rule changes relating to the Tier 2 visa category for Sponsors and their Tier 2 employee’s. The changes are being rolled out during autumn 2016 up to April 2017. For more information please click below:
Do you need our assistance?
Tier 2 Employee
We can process entry clearance applications and subsequent visa extensions through the entire life cycle of the employee right up to British Citizenship.
Tier 2 Employer
We can provide you with the comfort you need to employ a skilled workforce. Please read below for a snapshot of our support services.
- We can advise you on the Tier 2 Licence application and renewals.
- We can provide you with assistance in all aspects of licence management.
- We ensure your Human Resources team or key personnel are proficient in operating the Tier 2 Sponsor Management System.
- We can provide you with the right training to ensure your processes are compliant with all licence duties set out by the Home Office.
- Alert you to rule changes which may impact your Tier 2 licence and the business of recruiting nationals from outside the EEA.
- We provide support services tailor made to suit your business needs.
Please click on one of the buttons below and take a look at the services we can provide you. Otherwise please contact us directly and book your complimentary consultation.