A Post-Brexit world and Tier 2 Visas

A feasible alternative

With the uncertainty surrounding Brexit, it is anticipated that Tier 2 Visa applications are likely to increase.  Businesses across the UK are now left in a precarious position and are considering their options going forward.  It would appear that in the Post-Brexit world, EU Citizens will not be differentiated from non-EU Citizens.  With this in mind, businesses are looking for alternatives in order to plan ahead.  One alternative advised by Cranbrook Legal is for businesses to look to employ foreign workers under the Tier 2 Visa category.

How does it work

An employer looking to hire a Tier 2 Migrant from outside the EU must hold a valid Tier 2 Sponsor Licence.  It is important to note that the Home Office will only allow you to fill vacancies through foreign workers if you are able to demonstrate that the vacancy cannot be filled by a suitably qualified British National or EU Citizen (although the EU Citizen aspect is likely to change following the UK’s withdrawal from the EU).

The Home Office will consider whether your business has the correct procedures and HR compliance system to ensure that your business can appropriately manage the Sponsor Licence and the Tier 2 migrant.  A business will need to provide the Home Office with relevant background information as well as how the Business will look to fill the vacancy.

Tier 2 Visas

Prior to the submission of the Visa Application, the Tier 2 Migrant will need to be assigned a Certificate of Sponsorship (CoS) by the business holding the Sponsorship Licence.

There are a number of Tier 2 Visas that a migrant can choose to enter the UK on, however the most common visa is the Tier 2 (General) Visa.  This visa category allows skilled workers from outside the UK and the EU to enter the UK and work in their specific field.

An alternative to the above is the Tier 2 Intra Company Transfer Visa (ICT).  This is an option for employees who are employed by large/multinational companies who need to transfer their employees from abroad to the UK for training purposes or to fill a vacancy within the organisation.

What to do next?

The future is uncertain as the Home Office have failed to publish full and proper guidance on the matter.  What is certain is that the Home Office will not do away with the Sponsorship Licence and are likely to include both EU and non-EU Citizens.  We would urge that Employer’s seek urgent legal advice.  At Cranbrook Solicitors, we regularly advise client’s on Sponsorship Licences and Tier 2 Visa Applications.  Our approach is specific to our client’s needs in order than we can prepare and submit an application which is likely to succeed.

Contract Cranbrook Solicitors today to speak to one of our immigration advisor today.