Can your business hire an overseas worker?

Jun 13, 2018

People Management asked Jonathan Beech for his advice on how to boost your chances of securing a restricted certificate of sponsorship for a Tier 2 visa.

Government data released in April revealed that allocations of restricted certificates of sponsorship for Tier 2 visas, which must be obtained by firms wishing to hire skilled non-EU staff, had reached their limit for the fifth consecutive month. Before December 2017, the monthly limit had only been exceeded once since the system’s introduction in 2011.

This is what Jonathan had to say:

1. Plan ahead

The sponsorship certificate allocation was previously spread evenly throughout the year but, since April 2017, the annual Tier 2 visa quota of 20,700 has been front-loaded to the start of the financial year. Jonathan recommends planning applications for the beginning of the financial year if possible.

2. Use a salary range

The minimum salary for a role requiring a Tier 2 visa is £30,000. However, every time the applications limit is exceeded, this cap is effectively increased because of how the points system operates.

Jonathan suggests using a salary range.  It gives you much more choice if you find that you need to bump the salary up for that person and it means you won’t have to start the advertising campaign all over again. However, it has to be truthful. You have to show that for the job title you’re offering, you have historically offered the going rate as the top end of that salary range, or you have evidence that you will definitely apply that top end of the salary range to a settled worker should they apply and have the experience and qualifications.

3. Check out other immigration routes

Before racing down the Tier 2 route, Jonathan advises exploring what else might be available for the would-be employee, such as the possibility they have EEA family members or a claim to UK ancestry: It won’t fit everyone but it’s worth asking.

Read the article here: