(Temporary Worker) - Sponsorship
To apply under Tier 5 (Temporary Worker), you must have a sponsor.A sponsor is a United Kingdom based organisation that you want to work for (for Government Authorised Exchange the sponsor must be an overarching body) in the UnitedKingdom.
In order to sponsor you, an employer will need to have registered as a licensed sponsor.The sponsor will need to meet the requirements for the particular sub-category within (Temporary Worker) and accept certain responsibilities to help with immigration control.
Your sponsor will need to assign a Certificate of Sponsorship before you can apply for leave underTier5 (Temporary Worker). The Certificate of Sponsorship will act as an assurance that you are able to undertake a particular job and intend to do so.
The Certificate of Sponsorship
The Certificate of Sponsorship is not an actual certificate or paper document but is a virtual document similar to a database record. Each Certificate of Sponsorship has a unique reference number and contains information about the job for which the Certificate of Sponsorship is being issued and your personal details.
Home Office will not provide you with your Certificate of Sponsorship reference number as this is the responsibility of your sponsor.
The sponsor may also need to provide you with some of the information declared when the Certificate of Sponsorship was assigned.You may need this information to accurately complete the points-based calculator and the application form.
A withdrawn/cancelled Certificate of sponsorship
A Certificate of Sponsorship can be withdrawn/cancelled at any time by either us or the sponsor. Where a Certificate of Sponsorship has been withdrawn/cancelled, the same procedures apply to you as for where a Certificate of Sponsorship becomes invalid.
If a sponsor licence is suspended
When a sponsor has its licence suspended, it will not be able to assign any new Certificates of Sponsorship, but this does not immediately affect anyone that it's sponsoring at that time
You can continue to submit applications for leave during the time the sponsor’s licence is suspended if your leave is due to expire.
If you submit an application for entry clearance or leave to remain while the sponsor’s licence is suspended, Home Office will not consider the application.Home Office will hold the application until the suspension is removed.
If you have already been given entry clearance on the basis of a Certificate of Sponsorship assigned by that sponsor but you have not yet travelled to the United Kingdom, you will be allowed to enter and start working for the sponsor. Howeverr, Home Office advise you to check the status of your sponsor’s licence before you travel and Home Office recommend that you do not travel to the United Kingdom if your sponsor’s licence has been suspended.
If you have already travelled to the United Kingdom, you will be allowed to enter the United Kingdom and start work for the sponsor.
If the sponsor’s licence is withdrawn, however, the Certificate of Sponsorship will be cancelled and your application will be refused. If the application is made while you are in the United Kingdom, and it is refused, Home Office may curtail your leave:
-
60 days where you were not complicit in the actions that resulted in the sponsor having its licence withdrawn. If you have less than 60 days of your leave remaining, Home Office will not curtail this leave.Y ou may wish to make a further application for leave during this time; or
-
with immediate effect where Home Office consider you to have been complicit.
If sponsor's-licence is withdrawn
If a sponsor has its licence withdrawn, any certificate of Sponsorship it has issued will become invalid. This affects you if you have yet to apply for entry clearance, leave to enter, or leave to remain, and if you are already working for the sponsor.
Home Office will refuse any application for entry clearance, leave to enter or leave to remain made by you using an invalid Certificate of Sponsorship.
Where you have already been granted entry clearance but have not travelled to the United Kingdom, the entry clearance will be revoked. Where you have already travelled to the United Kingdom, you will not be allowed to enter the UnitedKingdom.
Where you are in the United Kingdom and working for a sponsor when its licence is withdrawn, Home Office may curtail the leave of
the applicants being sponsored:
-
to 60 days where you were not complicit in the actions that resulted in the sponsor having its licence withdrawn. If you have less than 60 days of your leave remaining, Home Office will not curtail this leave.Y ou may wish to make a further application for leave during this time; or
-
with immediate effect where Home Office consider you to have been complicit.
If a sponsor does not renew its licence
If the sponsor does not renew its licence, any Certificates of Sponsorship it has issued will become invalid. Home Office may curtail your leave to 60 days. If you have less than 60 days of your leave remaining, we will not curtail this leave.You may wish to make a further application for leave during this time. We may refuse entry to the United Kingdom to you if you have not yet travelled.
Termination of employment
If your employment ends before your period of leave, we may curtail your leave to60 days.If you have less than 60 days of your leave remaining, we will not curtail this leave.You may wish to make a further application for leave during this time.
Related FAQ's
Our speciality lies in the field of Immigration, Nationality and EU Law, so it means we always are dealing with this side of the law. We are able to support you in making a correct decision, avoid delays on your case, save money and time, not forgetting the stress of any doubts with your application.
There are many routes available to come to the UK, extend or switch, some of them do not allow extension or even switching. Knowing what is right can be a difficult task and this is why we are here. Simple task of not using the prescribed forms can mean your application is invalid, which means if you have no valid stay, you would have to return back and there is no appeal rights.
Our initial consultations are a chargeable service. We initially discuss the requirements of the application to ensure you meet the requirements and have the documentation required at hand for the submission. It gives you an opportunity to meet us and ask questions.
Each case will be checked thoroughly, everything will be cross referenced so guidelines are met and we will also add our legal document which would outline the Immigration Rules and how the client has satisfied the rules. We use documents that are used by Home Office case workers, so we know exactly what they would look for in your case.
The most important fact is that law constantly changes, policy guidelines and requirements are always changing, so it is best that you always use specialised services to support you. We never compromise our services, our fees remain very competitive but our expertise is at the very highest standard.
We place our clients first, so when you sign the customer care letter and we go through your case file, and we believe that the case would not be successful, we will terminate the agreement and return your documents. We will also provide alternative solutions with no added costs. We also have a cancellation period should you feel you want to withdraw your file.
Please note that all cases cannot be guaranteed as circumstances depends and whether you met guidelines, however the Home Office caseworker can still refuse cases on the balance of probabilities and other factors. Our job would be to prepare your case in the best possible way.
1) You contact us through e-mail or phone.
2) We take some basic information, we ask some relevant questions to understand the type of query and what type of support is required.
3) Your case then gets passed to a case worker.
4) Case Worker would contact you to set up an initial meeting.
5) You attend a consultation, an action plan is drawn up and we find out whether ICS Legal can support your case. A report would be sent where there is a requirement to outline what was discussed and what to do next.
6) You authorise us to be your legal representative by signing our customer care letter.
7) We will then start to request documents and information about your case this will build up your case pack.
8) We will then write our legal report and use Home Office caseworker’s documents to ensure everything has been checked and all requirement have been met.
9) Where possible we will go through every aspect of your case before case submission.
10) We will continue to update you throughout the case life cycle .