Sponsoring a migrant under the points-based system
A UK employer can only sponsor a migrant worker if it has a Sponsors Licence and it then uses the Sponsorship Management system to obtain and assign the necessary CoS to the migrant it wishes to employ.
Some of the basic stages involved in employing migrants under the points-based system include:
- Checking that the role falls within the UKVI’s classification of occupations for which CoS can be allocated and assigned Find more information about Tier 2 (General) salary levels here.
- Carrying out a Resident Labour Market Test for Tier 2 (General), unless the migrant or the job is exempt from this requirement (such as those switching from Tier 1 (post-study work), some Tier 4 students, jobs with an annual gross salary of at least a certain level (£155,300 a year from 6 April 2015) and those on the shortage occupation list). Find more information about Resident Labour Market Test here – Tier 2 (General).
- Applying for a CoS from UKVI (unless they already have an allocation of unrestricted CoS that can be used for the role). Find more information about Applying for the allocation of certificates of sponsorship (CoS).
- Ensuring that the migrant meets all the requirements of the particular category, including the English language and maintenance requirements, and can provide all other documents required. See: Requirements for Visa application for migrants issued with a Certificate of Sponsorship.
- Ensuring that the migrant does not have any adverse immigration history that could lead to a refusal of their application to enter and remain in the UK.
- Ensuring all aspects relating to any dependants accompanying the migrant are fully dealt with.
- Assign the CoS (see below).
- Ensure that none of the grounds for curtailment of leave apply. Find more information about Mandatory and discretionary refusals and curtailment of leave for Tiers 2 and 5 migrants here.
Assigning a CoS
The Sponsor’s Licence will define the Tiers, categories and sub-categories within which the employer can assign CoS to migrant workers. UKVI decide how many CoS can be assigned.
For an example of how to obtain and assign a restricted CoS to a migrant worker under Tier 2 (General) see: Assigning a CoS under Tier 2 (General).
A CoS must be issued before the migrant can come to the UK.
The CoS contains a secure computer generated number that the migrant needs to insert in the online visa application form to be submitted to the British diplomatic post overseas (if outside the UK) or UKVI (if already in the UK).
Common issues with Tier 2 CoS applications:
- meeting the relevant criteria, eg:
- ensuring that the job arising from the vacancy is one for which a CoS can be assigned. See our ‘Points scored on CoS criteria’ page.
- conducting a ‘Resident Labour Market Test’.
- Establishing systems to meet the obligations of sponsors for compliance checks. See: Sponsor’s Duties;
- Movement restrictions on Intra Company Transfers.
