PBS - Sponsorship Duties
Sponsors must issue certificates to the candidates that they feel are qualified and will perform their duties in the UK through employment or study.
General Duties
Keeping Records
Every sponsor must keep records for each candidate that they bring to the UK. These records will be requested to the BIA. Each record must include full contact details of each candidate, MUST have a copy of their passports or Visa's and MUST show their authorisation to work or study in the UK.
Reporting Duties
Sponsors must also show records of reporting duties of the applicant they are sponsoring. If an applicant has had bad conduct this too must be documented.
If a candidate does not attend their first day of work or study, if they are absent for 10 days or more without the consent of the sponsor, this MUST be reported within 10 days.
If a sponsor terminates a contract or studies, be it via dismissal, or through the candidates own choice, the sponsor must show where the candidate is being moved to. If a candidate s leaving the company or place of study for any other reason, this MUST be reported immediately to the BIA.
Category Specific Sponsor Duties
Tier 2 Visa - Skilled workers
Certificates of sponsorship may only be given where a candidate is qualified for a specific role, this MUST be at a level 3 NVQ or higher.
The role must have completed the Resident Labour Market Test (RLMT) to ensure that the role could not have been filled via advertising by a UK national.
RLMT does not apply to any role that offers £40,000 per year or more as a salary, or for positions that are in a shortage.
The RLMT does not apply to:
» Intra-Company Transfer – Anybody who arrives via this route must have been working at the overseas office of the company for at least 6 months prior.
» Religious Workers – Any sponsor of a religious worker must be able to prove that they have Faith Body Endorsement from the relevant faith body to show that the candidate is of relative appropriateness for the role.
» Sportsperson – Sponsors MUST show that the applicant they are sponsoring has a Governing Body Endorsement. Sportspersons must be established internationally and have to show that they will make a contribution to the UK
Tier 3 - Low Skilled Workers
Certificates of Sponsorship for tier 3 Visa's can only be awarded where the sponsor has signed up to the employment scheme, this must be agreed with the BIA.
Tier 4 - Students
This type of visa requires a Certificate of sponsorship for the student. The certificate is also referred to as a ‘confirmation of acceptance of studies'. This can only be issued where the sponsor knows of the candidates appropriateness for the course and intention to complete the studies.
Tier 5 - Temporary Categories
The temporary immigration categories in tier 5, MUST abide by the following :
» Voluntary – This means a candidate will be involved in voluntary work relevant for the sponsor.
» International Agreement – Candidates must have an agreement with the EU or the WTO if the candidate works in a country that is a member of these, they need to have a bilateral agreement with the UK.
» Exchange – This means a candidate will be working on a short term basis in the UK for the sponsor.
» Overseas Government Employee - where the migrant is an employee of the overseas Government.
» Creative and sporting - the candidate is entering the UK for an event, and not here to establish themselves in the UK.
» Religious - Where the candidate is authorized by the relevant faith body and will remain employed in the UK as a religious worker only not any other line of work.
» Youth Mobility - Where the candidate is aged between 18 and 30 and will work within the conditions of the Youth Mobility Scheme.