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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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New question is about A rating Sponsor & certificate of sponsorshi

Customer Question

New question is about A rating Sponsor & certificate of sponsorship!

1). Who is considered as A rate sponsor? I belive i was considered as A rate sponsor, when my was applying for dependent visa. so I would like to know

who are considered as A rate sponsor? what are their requirements to be A rate Sponsor? How can I find my employer is an A rated sponsor?

2). if my employer want to provide me a certificate of sponsorship , what is the criteria for the company? no.of employees or annual turnover or something else they need to meet to provide the certificate of sponsorship.?

3). My wife started a travel agency recently, its going well, I would like to know after a year if i want change into Tier2 general into my wife's company,
what are the basic requirements for a company to recruit employees by Tier2 general. A-rating, turnover, .....?

Please provide me detailed explanation.

Looking forward to hear from you.

Thanks
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : Hi, an A rated sponsor is one of the categories which the Home Office place on their Register of Sponsor's List. The ratings are given to assess the risk of the sponsor and an A rated sponsor is better than a B rated sponsor.
Awan-Legal : There are no requirements as such to become an A rated sponsor on the part of the employee/Applicant as it is the employer/Sponsor who is rated in the Tier 2 category. There is a specific list available on the Home Office website called the Register of Sponsors List where you can see all the listed Sponsors. The link is as follows: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/pbsregisterofsponsors
Awan-Legal : The register of sponsors lists all organisations that the UK Border Agency has licensed to employ migrant workers.If you are an employer who wants to act as a sponsor under the points-based system, you will need a sponsor licence.
Customer: Hi THANKS FOR UR REPLY
Customer: I APPRICIATE YOUR ANSWER, BUT UNFOTUNATLEY I DON'T UNDERSTAND ONE THING,
Awan-Legal : Any establishment in the UK can make an application, if they are considering sponsoring overseas nationals to work in the UK (TIER 2) or if they wish to become a sponsor for Temporary workers (TIER 5) or if they wish to enrol students in their educational establishments (Tier 4).In order to become a licensed sponsor the establishment concerned must be a genuine organisation or sole trader operating legally in the UK.  In respect of employers, there is no requirement of a minimum turnover or number of staff.  There must be no evidence that the organisation is a threat to immigration control – the UKBA will look at the history and background of the organisation and its key personnel.  The organisation must nominate a ‘level 1 user’, a ‘level 2 user’, a ‘key contact’ and an ‘authorising officer’ to operate the sponsorship management system.  The organisation must be able to comply with its sponsor duties by showing the necessary human resources systems are in place.  All the required supporting documents must be submitted with the application and the organisation must meet the additional requirements for the tier and category they are applying under.
Customer: MY WIFE HAS A COMPANY RECENTLY, IF SHE NEED TO SPONSER LICENCE WHAT ARE THE REQUIREMENT
Awan-Legal : A prospective sponsor applying for a licence needs to pay a fee to the UKBA for considering its application.  If registering as a Tier 2 sponsor only for the first time, the fees are £1025 for medium or large establishments and £310 for small sponsors or sponsors with charitable status.  (A small sponsor is one that that qualifies as a small company in accordance with the Companies Act 2006.)If a sponsor already has a licence and is applying to add more tiers to its licence the fees are considerably less (and nil in a lot of cases).
Awan-Legal : Prospective sponsors make an application for a licence by registering online on the UKBA website and filling out the online application.  The applicant sponsor must then print off the submission sheet and send it to the UKBA with the fee and the required original supporting documents.  This can only be done by a person authorised to make this application as legal representatives cannot make this application on behalf of prospective sponsors.The UKBA will consider the application under the specified criteria, making any necessary checks, and consider whether they need to visit the business premises of the applicant or require further documentary evidence before making their decision.Once the UKBA approves the application, a sponsor licence will be issued to the establishment giving them an A or B rating.  If the application is refused there is no right of appeal but the prospective sponsor can reapply at any time.  The licence will be valid for 4 years and the establishment must renew the licence if they wish to continue to be a sponsor.A Rating: This rating will be given to those establishments who fulfil all the licence requirements of the HR systems and compliance and pose little or no risk to the aims of managed migration.  Sponsors having an A rating will be able to exercise all aspects of sponsorship and employers will also be able to certify its prospective employees for maintenance purposes. This means that its employees (overseas) will not be required to show maintenance funds themselves in their application if they have been sponsored by an A rated employer who certifies maintenanceB Rating: This rating is given to an establishment which poses a risk to the aims of the managed migration as it has some failings in its HR systems or compliance, or both.  A B-rated sponsor cannot assign any Certificates of Sponsorship to a new migrant until they have signed up to the sponsorship action plan.  For a fee of £1,000, the UKBA will provide a sponsorship action plan for a B-rated sponsor which gives guidance on how it can improve its HR systems and/or compliance in order to be given an A rating.  If the B-rated sponsor meets the conditions of the action plan it will be upgraded to an A rating.  If a sponsor ultimately fails to comply with the action plan its licence will be revoked.  (An A rated establishment can be downgraded to a B rating if the UKBA considers there has been some non-compliance).Once a license is issued with an A rating, a sponsor will then be able to issue Certificates of Sponsorship/Confirmations of Acceptance for Studies to its prospective employees or students respectively who will then need to use the certificate to obtain leave to remain or entry clearance in line with the certificate.
Awan-Legal : A prospective sponsor must allocate responsibilities to ‘key personnel’ in its staff in the following four roles: authorising office; level 1 user; level 2 user and key contact.  These roles can be filled by the same person or by different staff members.Authorising officer - this must be a paid member of staff or an ‘office holder’ of the organisation.  The person should be a senior and competent person in the establishment as they will be responsible for the activities of all users of the sponsorship management system.  They have ultimate responsibility throughout the process of applying for a licence and also in issuing sponsorships to the prospective employees of the establishment.  This person is responsible for all acts, omissions, compliance and non-compliance performed by the following three personnel:-Key Contact - this can be the authorising officer, any other person working for the company or even a legal representative (an OISC registered advisor or a solicitor).  As the name suggests, this is the person who will act as the main point of contact between the sponsor and the UK Border AgencyLevel 1 User - this can be the authorising officer, any other person working for the company or even a legal representative.  This person conducts the day-to-day sponsorship activities using the sponsorship management system, assigns Certificates of Sponsorship/Confirmations of Acceptance for Studies and keeps the UKBA informed of any changes and ‘migrant activity’ (e.g. if a migrant does not run up for work or studies)Level 2 User - This can be the authorising officer, any other person working for the company or even a legal representative. This person`s activities are limited to assigning certificates/CASs and to reporting migrant activity to the UK Border Agency
Awan-Legal : Subject to the exceptions set out below, if a registered employer want to sponsor a migrant from outside the EEA the employer will have to conduct a Resident Labour Market Test and show that no suitable qualified resident worker can fill the job.  In order to conduct the Resident Labour Market Test the sponsor will have to properly advertise the position for a minimum of 28 calendar days in Jobcentre Plus (with certain limited exceptions) and by using one other method stated in the relevant codes of practice (unless there is no code of practice for the job).  There are certain requirements in respect of the advertisements which have to be met.The employer does not need to undertake a Resident Labour Market Test if:The job is on the UKBA ‘shortage occupation list’The overseas worker is an existing worker having already been employed by the company at for at least 6 months at the time of their application but only if the worker is on a Tier 1 (Post-Study Work) visa (or under IGS, FT:WISS or SEGS)The job has a gross annual salary of at least £150,000The worker is a Postgraduate Doctor or Dentist who needs further permission to stay under Tier 2 (General) so they can complete further speciality trainingThe establishment is sponsoring an existing employee working for an overseas branch (i.e. Intra-Company Transfer).Once the Resident Labour Market Test has been completed and no suitable resident worker found, the sponsor is free to offer the job to the migrant worker and assign a Certificate of Sponsorship, subject to the other Tier 2 requirements.
Customer:

I really apriciate your answer, please give me couple of minutes to read and understand.

Customer:

thank you very much

Awan-Legal : The shortage list is available on the Home Office website.
Awan-Legal : With regards XXXXX XXXXX your current Tier 2 employment to your wife's company, you must show that this is genuine employment.
Awan-Legal : Tier 2 immigration candidates can do a change of employment whilst in the UK, however the process of obtaining a Certificate of Sponsorship must be repeated and a candidate must be reassessed against the points test. You therefore need to apply for a new Tier 2 visa.
Awan-Legal : The duration of a change of employment visa application is also at the discretion of the Home Office. Working permits and change of job permits are temporary immigration services and as such are not intended as a route to settlement. However, when it comes to this type of UK immigration, cases where a candidate has been continuously in the United Kingdom in possession of the same permit for five years, it may be possible to apply for Indefinite Leave to Remain in the UK (ILR) often referred to as Permanent residency.
Awan-Legal : The position for which the change of employment working visa is being sought must meet National Vocation Qualification (NVQ) level 3 or above. If the candidate in question works in a specific profession, they may be required to register with the relevant governing body. For example, doctors must be GMC registered.A candidate applying for a permit to work in the UK must possess one of the following:A relevant degree.A non-relevant degree and 1 year of experience.An HND level qualification, which is relevant to the offered position.An HND level qualification, which is not relevant to the post on offer plus 1 year of relevant full time work experience at NVQ level 3 and above.No degree and three years of relevant experience.
Customer:

Thats the fabulous work. Thanks Awan. I will get back to u with another question.

Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Awan-Legal and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
hi
i have been informed by one of my friend that if a company wants to get the license to give the visa to its employee they have to pay a big amount to UKBA. is it true and how much do they have to pay? also do they need to register for certain number of employees?
thanks
Expert:  Awan-Legal replied 2 years ago.

Hi

 

Thanks for your question. Can you submit this as a new question though?

 

Thanks.

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