If an employer holds a Sponsorship Licence do they have to offer sponsorship for every role that they have that could be applicable for sponsorship or can they decide to not offer sponsorship for a role so that they can hang on to their licenses?
Areas of Expertise:
Thank you for your question.
A UK Sponsor Licence usually lasts for four years, providing the employer complies with his or her Sponsor Licence responsibilities. There does not appear to be any requirement for Sponsor Licence holders to offer a Certificate of Sponsorship for every roles they have. The most important element when it comes to offering a role to someone outside the EEA is that the Required Resident Labour Market Test is performed if the position is not on the Shortage Occupation List and that an appropriate salary and conditions are offered to the Tier 2 applicant.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact Form.
I look forward to hearing back from you soon.
Posted on Tuesday, 27 September, 2016