Tier 2 to skilled worker: Getting sponsored for a job
Where you are a migrant considering staying on in the UK are a sponsored worker, or coming to the UK being sponsored as an employee, it’s important to know the Immigration Rules which came into effect on 1 December 2020. The route is no longer under ‘Tier 2’ and is now known as ‘Skilled Worker’
You should also be aware of which aspects are your responsibility as the employee, and what your employer should take care of.
The employer’s responsibilities
First of all, your sponsor/ employee needs to obtain a sponsorship licence. From 1 January 2021 EU nationals that come to the UK or wish to come to the UK will also come under this route and if an employer wishes to sponsor an EU national, they will also need a licence. Next the employer will need a ‘certificate of sponsorship’ commonly known as a ‘CoS’. Depending on whether you as the employee are in the UK or outside the UK, your employer will need a ‘Defined CoS’ or an ‘Undefined CoS’.
The ‘Defined CoS’ is for employees that are outside the UK and are applying to enter the UK as a Sponsored worker. An Undefined CoS is for an employee who is already in the UK and wishes to switch from the visa they are on, to become a skilled worker.
The difference between the Defined CoS and the Undefined CoS is that for a defined CoS the employer needs to have a specific skilled worker in mind and a role they expect them to undertake. The employer then needs to apply to the Home Office for the defined CoS and it will need to be granted by the Home Office. For an undefined CoS the employer can hold them and issue them when an appropriate worker is to be employed.
The employee’s role
Whilst you as an employee should be aware of the above process, you should not be responsible for any of the costs and will not be involved in the processes for obtaining the licence or the CoS. Once the CoS is assigned to you is when your involvement in the visa process will begin. At this point, you will need to speak English to the required level (B1), do a job that is on the list of suitable occupations, be paid at least the minimum salary for that type of job. You or your lawyer will complete an online application form and submit it. It may be that your employer asks you to be responsible for these costs.
Time frames:
You are either granted leave for 3 years + 2 years or for 5 years at the beginning. After 5 years you would be entitled to indefinite leave to remain, provided you are still required for the role and have passed your life in the UK test.
Costs:
Home Office costs are significant. These are as follows:
Employer costs:
The licence: £536 (small) or £1,476 (large) depending on small or large sponsor.
The CoS: £199
The Immigration Skills charge: £364 per year of the CoS for small sponsors or £1,000 per year of CoS for large Sponsors. So for a large Sponsor employing an employee for five years, this will be £5,000.
Costs that can be met by the employer or employee:
Visa: from £464 – £1408 this is dependent on whether the application is made in the UK, or outside the UK, whether the job is shortage occupation, the length of the visa and so on.
Immigration Health Surcharge: This is now £624 per year of the visa to be granted.
There are optional priority services that can sometimes be purchased.
