Assistance in obtaining a sponsorship certificate and obtaining a work visa to England for a foreign employee

Help in obtaining a sponsorship certificate and issuing a work visa to England for a foreign employee - legal analysis

Before applying for a UK visa, it is important to determine the type of visa you need. One of the most common mistakes made by applicants is to provide information on the application form that does not clearly reflect the purpose of the trip. In addition, each type of visa requires a specific set of documents to prove the purpose of your visit. Incorrect or incomplete documents may lead to refusal due to the uncertainty of the purpose of the trip. In our article, we will consider the process of obtaining a certificate and issuing a visa.

Requirements for Certificate of Sponsorship

To be able to work temporarily in the UK on a creative worker visa, you must have a valid certificate of sponsorship from a Home Office-approved sponsor working in the creative sector (eg an arts body, event organiser, producer or advertising company).

The sponsor must adhere to the Creative Workers Code of Practice or confirm that your role is in short supply or that there are no suitable UK resident candidates. The sponsor can issue an individual certificate or a group certificate for artists and their support, which has specialized skills.

Financial requirements include having £1,270 in your account at the time of application, unless a sponsor covers your costs. Knowledge of the English language is not mandatory for this visa.

The temporary visa is valid for up to 12 months or for the period specified in the certificate of sponsorship, plus 14 days before and after the holiday. To extend the stay up to 24 months with the same sponsor or up to 12 months when changing employers, it is necessary to submit an application for extension. Persons who received a preferential visa for creative workers cannot extend their stay.

The most common methods of immigration to Great Britain

The main areas of immigration include:

• Work visas, particularly through the Skilled Workers (Tier 2) scheme, which allows you to work in the UK in occupations in short supply.
• Visas for students studying in the UK.
• Visas for family reunification.
• Business visas and investor visas

A key aspect of immigration is compliance with the UK's new points system. To get a work visa, you need to score at least 70 points, which takes into account the offer of a skilled job, English language skills, salary level and other factors. For example, a skilled worker visa requires a job offer with a minimum salary of £38,700 per annum.

What is a skilled worker visa?

The Skilled Worker visa (also known as the Tier 2 General visa) allows foreign nationals to come and work in the UK. This long-term work permit is issued for up to five years and allows you to reside in the country during that time, provided you keep the same position with the same employer. If you change your job or your visa expires, you will need to get a new permit.

The visa provides several benefits, including:

• The possibility of working in a sponsored position or doing additional work (up to 20 hours per week) in the same field.
• The right to move to the UK with your family (husband/wife and children) subject to certain conditions.
• Opportunity to study, perform unpaid work or travel abroad with the right to return.
• After five years of legal employment, you can apply for permanent residence.

However, the visa does not entitle you to most social benefits or a state pension, and it is prohibited to change jobs or employers within the same visa; for this you need to renew your visa.

Criteria for candidates

To obtain a work permit in the UK, you must meet the following criteria:

• Get a job offer: Before applying for a visa, find a UK company willing to hire you and get a valid offer from them. Your employer must also be an authorized sponsor for hiring foreign workers.
• Get Certificate of Sponsorship: Get a valid Certificate of Sponsorship (CoS) from your employer. This document confirms the details of your future work and the deadline for its completion.
• Have relevant qualifications and financial stability: Your skills must meet at least RQF level 3. You also need to prove that you have enough money to cover the initial costs.
• Proficient in English: It is necessary to have a sufficient level of knowledge of the English language.

Legal analysis of the situation

The legal analysis of assistance in obtaining a sponsorship certificate and UK work visa includes checking the legitimacy of the sponsor, who must be authorized and comply with all Home Office requirements. The sponsor must issue a Certificate of Validity (CoS) that includes details of the position and terms of employment. The applicant must meet the requirements of the visa program, such as having a job offer, the appropriate level of qualifications, English language skills and financial ability. In case of refusal to issue a visa, it is important to analyze the reasons and possible ways of appeal. Consultation with immigration lawyers can help with the preparation of documents and application.

Contact a lawyer today!

Contact a solicitor today to get professional help with the sponsorship certificate and UK work visa process for a foreign employee. Our lawyers will provide expert advice on all stages of the visa process, including checking the requirements for sponsors, preparing the necessary documents and ensuring compliance with all legal requirements. Start the process now to ensure a smooth transition to work in the UK.