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Thomas
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Experience:  BA (Hons), PgDip, Practising Solicitor
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We need to have a MUCAD designer for our business and have

Resolved Question:

We need to have a MUCAD designer for our business and have received a CV from a person who lives in India. Are you able to advise what the procedure would be to employ such a person. Is it possible to do this?

Thank you for your help.
Christine Astley
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.

 

 

IHi,

 

Thanks for your question.


If they are non-British or non-EEA member state national then they would have to apply for a Tier 2 Sponsored Skilled Workers Visa and your business would have to apply to sponsor them by providing them with a Certificate of Sponsorship.

.

 

You will have to see if the job is on the shortage occupation list:-

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlist.pdf

 

If the job is not on this list then this means that you would have to carry out the Resident Labour Market Test. This test is effectively to show that their are no resident/eea national in the locality that can perform your role. You have to show that you have advertised it locally and no suitable applications were received. .

 

There is information sponsorship generally here:-

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/sponsorship/

And specifically information on becoming a sponsor here:-

http://www.ukba.homeoffice.gov.uk/business-sponsors/points/sponsoringmigrants/

It takes about 4 weeks for the UKBA to decide upon your application to become a sponsor once you have submitted your application for sponsorship.

 

If you are willing to sponsor them then they will also have to meet the requisite number of points under the Tier 2 points based system:-

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/eligibility/

This relates to whether they can speak English, salary and the amount of funds they have in their account to maintain themselves.

You will see at the top right hand side there is an option to use their calculator to work out how many points they are eligible for.

 

The UKBA aims to determine applications from India by the worker within 6-8 weeks of submission, but I'm afraid that they frequently overrun and so I should think that you should factor in 10 weeks until they approve/reject the application.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Thomas, Lawyer
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Experience: BA (Hons), PgDip, Practising Solicitor
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