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We have assisted many businesses recruit talent from oversees on the Tier 2 / Skilled Worker route.

Tier 2 (General) is broadly equivalent to the previous work permit scheme i.e. skilled workers with a job offer. Under the recently introduced five tier managed migration plan an applicant must achieve a certain number of points but must have a job offer from a UK employer and a certificate of sponsorship.

If an employer wishes to recruit a migrant under tiers 2, 4 or tier 5 they will have to apply for a sponsor licence online and send in payment and documents in support of their application. Employers can currently apply for licences to sponsor tier 2 workers.

Under tier 2, the sponsor will need to be a UK-based employer. The sponsor must have good human resource systems and compliance in place to allow them to monitor and keep records of the migrants they employ or teach.

As a licensed employer, you will be given an A rating or a B rating and you will be added to a published register of sponsors. Sponsors that the Home Office thinks could be a risk to immigration control or those who they consider do not have the correct systems in place will be given a B rating.

B-rated sponsors must follow a sponsorship action plan designed to help them become A-rated or they risk losing their licence.

Licensed sponsors are held fully responsible for the actions of any migrant they employ and teach. They must ensure migrants comply with their immigration conditions by keeping records on each migrant. If a sponsor does not comply with their duties, they can have their licence downgraded to a B rating or withdrawn.

Licensed sponsors are responsible for issuing certificates of sponsorship to migrants. As well as having a certificate of sponsorship, migrants must also pass a points-based assessment to come to or stay in the United Kingdom (see below). This has now been split into unrestricted and restricted certificates.

To be eligible to apply to come to the United Kingdom under Tier 2, skilled workers will need to have a job offer, a certificate of sponsorship from one of the licensed sponsors, and to have scored enough points to apply.

As well as scoring a certain number of points, an applicant will either need to be applying for a shortage occupation (defined by a new Skills Advisory Body) or will need to pass a 'resident labour' test and demonstrate that resident labour is not being displaced. Migrants will need permission to come to the United Kingdom (known as 'entry clearance') and a biometric identity card before entering the United Kingdom.