Category Archives: Quicklinks

UK immigration news: certificates of sponsorship for Tier 2 migrant, sponsorship and licensing for UK employers, UKVI’s audit, Immigration compliance

Protecting EEA nationals’ rights of residence post Brexit

What should EEA nationals in the UK do now to protect their rights?

Whilst it was initially assumed that the rights of EEA citizens living lawfully in the UK would be automatically protected, their long term status is now far from guaranteed.

Those who have already acquired permanent residence and those who have an EU right of residence but have yet to acquire permanent residence are more likely to be protected. Although strictly speaking EEA nationals are not required to document their rights, in the light of the recent developments, it would be highly advisable to obtain documents proving the exercise of EU law rights in their status in the UK.

Documents proving the exercise of EU Law rights include:

For EEA national workers and their EEA national family members

– A UK Document Certifying Permanent Residence for those who have already acquired permanent residence automatically by the operation of Law having exercised treaty rights for a continuous period of 5 years; and

– A UK Registration Certificate for those currently exercising treaty rights in the UK who have yet to acquire permanent residence

For non- EEA family members of a qualified person or an EEA national with right of permanent residence

– A UK Residence card

For non-EEA family members of EEA nationals who have acquired right of permanent residence

– A UK permanent residence card

Which form?

The EEA (PR) is for permanent residence of EEA nationals and their family member;

The EEA (QP) is for residence certificate for EEA nationals – the Home Office offers an express service at some of his premium service centers;

The EEA (FM) is for residence card for non-EEA family members and those with retained rights

The EEA (EFM) is for residence card for extended family members defined as dependant relatives

The DRF1 is for applications by family members on the basis of derived rights of residence.

What is the cost?

There is currently a mandatory fee of £65.

Non EEA family members are required to enroll their biometric information when applying for their residence card. This process costs an additional £19.20.

How long does it take?

The Home Office has an obligation to issue residence documents within six months of application.  Whilst most applications from EEA nationals are dealt with within weeks, applications from non-EEA nationals usually take months.

If you need Immigration legal assistance, please do not hesitate to contact us.

 

EEA Permanent Residence

Fast and reliable EEA Permanent Residence Service

EEA Blue Card UK Residence Documentation for a National of an EEA State

EEA PR applications from EEA nationals are currently taking between 4 to 6 weeks from the day of filing.

We offer an express and reliable service which includes:

– checking you qualify under the EEA rules;
– checking that you have completed the form correctly;
– checking you have included the necessary supporting documents;
– drafting your personal statement as well as a covering letter highlighting when you are deemed to have obtain permanent residence in the UK;  and
– ensuring your application is valid.

As part of our service, we will address issues such as criminal records, prolonged and / or unpaid absences, maintenance, self-employment, missing documents, any discrepancies, etc.

Our fees for this service varies between £550 and £750.

This service is available by formal instruction only.

For further information please do not hesitate to contact us.

Sponsoring a migrant under Tier 2

Sponsoring a migrant under Tier 2: assigning a restricted / unrestricted certificate or correcting an assigned certificate.

To enter or remain in the UK as a Tier 2 General or Intra Company Transfer (ICT) Visa a migrant must have been issued with a valid Certificate of Sponsorship (CoS) from a Tier 2 Licensed Employer/Sponsor.

A Certificate of Sponsorship (CoS) is a database record in the UKVI’s Sponsor Management System.

The Certificate of Sponsorship (CoS) is the points based system’s replacement of the work permit scheme, which existed under the previous employment immigration route.

A Sponsor will have to satisfy themselves that all mandatory Tier 2 employment requirements have been met, such as, for instance, the resident labour market test was carried out in line with the UKVI’s guidance, before assigning a live CoS to a migrant worker.

A CoS takes the form of a 10 digit Certificate of Sponsorship reference number, which the migrant worker will need to apply for a visa or a leave extension. Although not strictly compulsory, Entry Clearance and Immigration Officers tend to insist on being provided with a hard copy of the long version of the certificate’s contents rather than relying on the CoS number.

What is a Certificate of Sponsorship?

A Certificate of Sponsorship is a virtual document, which confirms that a UKVI licenced employer is sponsoring a foreign migrant to come or remain in the UK to work.
It is pivotal that the CoS is issued correctly if the migrant worker is be granted a visa or an extension of their leave.

Errors on the CoS may result in the visa or leave extension application being refused.

Mistakes may also be picked up during a UKVI compliance audit, which could have negative and very costly repercussions.
Sponsors found non-compliant may be fined and have their licence downgraded or even revoked.

There are two types of CoS:
▪ Restricted, AND
▪ Unrestricted

As a general rule restricted CoS are used for most out of country visa applications.

Unrestricted CoS’s on the other hand are used in support of in country leave extensions, which are not subject to the immigration cap.

What are Restricted Certificates of Sponsorship?

Restricted Certificates are subject to the immigration cap.

They are granted by the UKVI on a case by case basis.

To obtain a restricted CoS a Sponsor must submit an application to the UKVI by the 5th of the month. If granted the Sponsor will be able to assign the CoS to their selected migrant worker.

The award of restricted certificates is ruled by a points based system.
▪ Priority is given to the roles listed on the Shortage Occupation List, THEN
▪ Roles which require a PhD and is in the research field, THEN
▪ Roles with higher level salary for which the Resident Labour Market has been tested (i.e. the role has been advertised in line with the relevant code of practice).

What are Un-restricted Certificates of Sponsorship?

Tier 2 Sponsors are granted an allocation of unrestricted Certificates of Sponsorship on a yearly basis. The allocation is based on their usage of the scheme in the previous year and their forecast for the year ahead.

Unrestricted Certificates of Sponsorship can be assigned to:

▪ Intra Company Transfers (where an Tier 2 ICT license is held)
▪ Existing migrants who are extending their employment with the same employer within the UK under Tier 2 General or ICT;
▪ New employees (Tier 2 or Work Permit Holders) who are moving to a new employer within the UK under Tier 2 General;
▪ Those seeking admission into the UK to fill a vacancy attracting a salary of £153,500 or more as a Tier 2 General
▪ Tier 4 graduates who are switching into Tier 2 General within the UK;
▪ Tier 2 Sports People; and
▪ Tier 2 Ministers of Religion.

How to make changes to a certificate of sponsorship once assigned?

Sponsors must make sure that the migrant worker’s details are correct when they create and assign a CoS.

Sponsors can use the ‘sponsor note’ field on the SMS to amend minor errors identified after the certificate of sponsorship has been assigned.

Examples of acceptable amendments are corrections to a mistyped name or date of birth.

If the main details are incorrect, the Sponsor must cancel the certificate and assign a new one so that to ensure that the information are the same as the one in the migrant worker’s application.

According the the UKVI’s guidance, new certificate must be assigned when for example:
▪ the SOC code or tier/category is incorrect; or
▪ more than one of the migrant’s identifiable details need to be changed – such as a full change to the date of birth and nationality, or to the surname and date of birth.

The sponsor note field can only be used to notify changes on a live certificate of sponsorship. Certificates that have expired or been cancelled cannot be amended.

For further information please contact us.

2014 Certificates of Sponsorship – What, which and how?

To enter or remain in the UK as a Tier 2 General or Intra Company Transfer (ICT) Visa you must have been issued with a valid Certificate of Sponsorship (CoS) from a Tier 2 Licensed Employer/Sponsor.

A Certificate of Sponsorship (CoS) is a database record in the UKVI’s Sponsor Management System.

The Certificate of Sponsorship (CoS) is the points based system’s replacement of the work permit scheme, which existed under the previous employment immigration route.

A Sponsor will have to satisfy themselves that all mandatory Tier 2 employment requirements have been met, such as, for instance, the resident labour market test was carried out in line with the UKVI’s guidance, before assigning a live CoS to a migrant worker.

A CoS takes the form of a 10 digit Certificate of Sponsorship reference number, which the migrant worker will need to apply for a visa or a leave extension. Although not strictly compulsory, Entry Clearance and Immigration Officers tend to insist on being provided with a hard copy of the long version of the certificate’s contents rather than relying on the CoS number.

What is a Certificate of Sponsorship?

A Certificate of Sponsorship is a virtual document, which confirms that a UKVI licenced employer is sponsoring a foreign migrant to come or remain in the UK to work.
It is pivotal that the CoS is issued correctly if the migrant worker is be granted a visa or an extension of their leave.

Errors on the CoS may result in the visa or leave extension application being refused.

Mistakes may also be picked up during a UKVI compliance audit, which could have negative and very costly repercussions.
Sponsors found non-compliant may be fined and have their licence downgraded or even revoked.

There are two types of CoS:
▪ Restricted, AND
▪ Unrestricted

As a general rule restricted CoS are used for most out of country visa applications.

Unrestricted CoS’s on the other hand are used in support of in country leave extensions, which are not subject to the immigration cap.

What are Restricted Certificates of Sponsorship?

Restricted Certificates are subject to the immigration cap.

They are granted by the UKVI on a case by case basis.

To obtain a restricted CoS a Sponsor must submit an application to the UKVI by the 5th of the month. If granted the Sponsor will be able to assign the CoS to their selected migrant worker.

The award of restricted certificates is ruled by a points based system.
▪ Priority is given to the roles listed on the Shortage Occupation List, THEN
▪ Roles which require a PhD and is in the research field, THEN
▪ Roles with higher level salary for which the Resident Labour Market has been tested (i.e. the role has been advertised in line with the relevant code of practice).

What are Un-restricted Certificates of Sponsorship?

Tier 2 Sponsors are granted an allocation of unrestricted Certificates of Sponsorship on a yearly basis. The allocation is based on their usage of the scheme in the previous year and their forecast for the year ahead.

Unrestricted Certificates of Sponsorship can be assigned to:

▪ Intra Company Transfers (where an Tier 2 ICT license is held)
▪ Existing migrants who are extending their employment with the same employer within the UK under Tier 2 General or ICT;
▪ New employees (Tier 2 or Work Permit Holders) who are moving to a new employer within the UK under Tier 2 General;
▪ Those seeking admission into the UK to fill a vacancy attracting a salary of £153,500 or more as a Tier 2 General
▪ Tier 4 graduates who are switching into Tier 2 General within the UK;
▪ Tier 2 Sports People; and
▪ Tier 2 Ministers of Religion.

How to make changes to a certificate of sponsorship once assigned?

Sponsors must make sure that the migrant worker’s details are correct when they create and assign a CoS.

Sponsors can use the ‘sponsor note’ field on the SMS to amend minor errors identified after the certificate of sponsorship has been assigned.

Examples of acceptable amendments are corrections to a mistyped name or date of birth.

If the main details are incorrect, the Sponsor must cancel the certificate and assign a new one so that to ensure that the information are the same as the one in the migrant worker’s application.

According the the UKVI’s guidance, new certificate must be assigned when for example:
▪ the SOC code or tier/category is incorrect; or
▪ more than one of the migrant’s identifiable details need to be changed – such as a full change to the date of birth and nationality, or to the surname and date of birth.

The sponsor note field can only be used to notify changes on a live certificate of sponsorship. Certificates that have expired or been cancelled cannot be amended.

For further information please contact us.

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Express Online Checking Service – from £250

Express Checking Service clinic every Thursday – From £250 – EEA (PR), SET (O), SET (M), Tier 1 G, Tier 2, PBS dependant, Entry Clearance Applications.

Our express Checking Service is an optional service, which is available for a fee of £250 to £450 to applicants using the SET (O), SET (M), Tier 1, Tier 2, PBS dependant, Entry Clearance, application forms only.

This service is available by formal instruction only.

This service includes:

– checking you qualify under the immigration rules;
– checking you have filled the relevant form correctly;
– checking you have included the necessary documents;
– for Tier 2, checking that the certificate of sponsorship has been issued correctly, with the correct SOC code; and
– ensure your application is valid.

As part of our assessment, we will address issues such as criminal records, prolonged and / or unpaid absences, maintenance, self-employment, missing documents, unpaid NHS bills, recourse to public funds, SA200 discrepancies,..etc

Following our assessment you will be provided with a checking data sheet report including our comments and advice.

If following our report, you need further assistance from us, you will be charged the fees for the full service which will vary depending of the type of application you are filing.

The Checking Service will give you reassurance and peace of mind that your application is complete and correct.

Using the Checking Service does not guarantee your application will be successful as ultimately the decision lies with authorities.

For further information please contact us.

EEA Premium Service Centre Appointments

Urgent Home Office appointments for EEA / Croatian applicants – Registration Certificate – Yellow, Purple and Blue certificate for Croatian nationals.

Biometric premium appointments can be obtained by an applicant via  the UKVI’s website. If you are unable to secure a premium appointment, we may be able to assist. Our fees to secure an appointment on your behalf is £250 per person plus disbursements (mainly the UKVI’s fees), if applicable. As the Home Office only release 7 EEA premium appointments per day, EEA appointments are often extremely scarce. Accordingly you will need to be willing to attend any appointment we manage to secure on your behalf as cancelling is not an option.

We would advise you to please only consider using this service where you are certain that you will be able to keep to the appointment allocated.

Family/multiple slots are extremely rare, accordingly clients are advised to contact us as early as possible to avoid disappointment.

Securing an appointment is only part of the service we offer. Additional costs will occur if  you need Immigration Legal advice as well.

 

Naturalisation Checking Service

Filing your naturalisation application without relinquishing your passport. The UKVI provides a checking service whereby an applicant can file their application for naturalisation without having to submit their original passport.  The checking service is usually offered by the applicant’s local authorities. Appointments are often required. For more information please contact us.

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