CHANGES TO TIER 2 PBS

Being a sponsor – A privilege that bites. High Court confirms companies to be held at strict compliance under Tier 2

In the recent case of R (Sri Prathinik Consulting Limited) v Secretary of State for the Home Department [2017] EWHC 3204 (Admin), the Hight Court dismissed a company Judicial Review against revocation of licence reinforcing the principle that sponsor licences are a privilege, not be taken lightly.

The case involved a IT company that had failed to keep the required evidence relating to RMLT as specified and assigned the COS 6 months after the RMLT was concluded.

The Court stated that “[s]ponsors have advantages and cannot complain if they are required to comply with relevant Guidance”

It is all too easy to lose track of the mind field of duties one needs to adhere to. In the view of the above, it has become as important as ever to make sure you as a company are fulfilling these duties. In the view of the Home Office and High Court, you as a sponsor has opted into taking on this level of responsibility so should be held accountable. There will be no sympathy.

There are been some changes in the Tier 2 sponsor guidance from 11th January 2018, a summary of few listed below:

• B-rated sponsors can no longer add branches to their licences or if you are downgraded to a B- rated sponsor.
• Those directly employed by sponsors can no longer certify copies of documents.
• It is now a specific sponsor duty to report if the size of the business changes from small to large or vice versa.
• It is recommended that licences are renewed early, or at least one month before the expiry date. If applied in good time, there will chance to apply again if application is rejected. If licence has expired when decision to reject or refuse your application is made, there will not be a chance to make another application to renew a licence.
• The start date given on the CoS must be the date that the migrant is expected to start working for you at the time the CoS is assigned. If such start date for a Tier 2 (General) migrant is subsequently changed after leave has been granted, it must be within 28 days from the later of:
• the date on which their entry clearance or leave to remain is granted
• the start date on their CoS (taking into account any changes to start date properly reported before leave is granted)

• If a sponsor fails to provide any documents within a specified timeframe, action will be taken

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