In July, the Home Office updated its sponsor guidance for businesses sponsoring Tier 2 and 5 workers. HR teams and those responsible for managing sponsorship duties, should ensure they are aware of the updates.
The Home Office has also made changes to Appendix D, specifically in relation to the documents which must be retained following a Resident Labour Market Test.
Summary of changes to Tier 2 & 5 Sponsor Guidance
In summary:
- Find a Job service has now replaced Universal Jobmatch
- There is an exemption from the Resident Labour Market Test for established researchers at a Higher Education Institution or Research Council
- There are references to doctors and nurses being added to the list of people to whom an unrestricted CoS can be assigned
- An additional ground for revocation is added in respect of sponsors reasonably believed to have artificially inflated the salary of a sponsored worker applying for Indefinite Leave to Remain
- Advice has been added to reflect that sponsored workers may need to access the Internet at the sponsor’s premises to apply to extend their stay in the UK
Internal audits
To ensure compliance, Tier 2 sponsors should ensure they carry out regular internal audits to check the HR team is aware of its obligations and to identify any potential breaches early.
As a Tier 2 sponsor, you should expect a compliance visit from UKVI at some point during the validity of your licence. Such visits can be announced or unannounced, but the purpose is the same - to establish whether you are complying with your sponsor duties.