on April 1, 2022
Our client entered the UK on a Student visa and following the completion of his studies, he was offered a role in the UK and was sponsored by his employer.
The Home Office conducted a compliance visit to the business premises and found that the employer fell short of their compliance duties. As a result, the licence was revoked by the Home Office, which meant that all the sponsored employees received a letter to curtail their leave to remain.
Our client sought different employment and received a job offer from a start-up company based in London which did not have a sponsor licence and the management of the company was reluctant to apply for the licence. They were under the impression that as a start-up, they may not be able to get the licence.
Our client approached us for advice with the potential sponsor. Our experienced solicitors reassured our client that while it is true that the trading history of a company is important for a sponsor licence application, this is not the only factor that influences the Home Office’s decision. An employer’s operations and systems in place for recruitment, as well as HR management, also play an important role in giving the Home Office the confidence that the sponsor will be able to comply with the duties of a sponsor.
We explained the requirements and the additional documents that a start-up can provide to demonstrate a genuine business profile.
We first assisted the sponsor with their sponsor licence application, and this was granted within 10 days following a request for the application to be fast-tracked. As the role was listed in the shortage occupations list, the sponsor was exempt from conducting a Resident Labour Market Test (RLMT).
We then assisted our client in collating the supporting documents in for his application for the Tier 2 General visa. Our representations included a detailed explanation of how our client was a suitable candidate for the role.
We submitted the application in time and our client was granted the visa for leave to remain under Tier 2 of the points-based system.