Babin Rijal - June 1st 2021, Barcelona
 In order to travel to the United Kingdom as an international employee, you must have an employer's job offer that has obtained a sponsor license. Then an employer can assign a sponsorship certificate (COS) to an international employee when he has a role to play.
Types of British level visa
When to request a British work visa
United Kingdom and temporary visa conditions of workers
Case studies
Once a Sponsor employer has awarded a COS to an international worker, the worker will have to request a British visa within 90 days.
It is important to keep in mind that if the worker does not apply to a visa within 90 days, he will have to be issued with a new COS.
Another essential thing to note is that a worker should only ask for a visa when the start date of their work is within three months.
So what is the next step once an employee has been assigned to a COS?
In this blog, we will take you through British work visas, visa conditions and examine some common scenarios that a sponsored employee can end up working in the United Kingdom.
British level visas
The UK Tier Visa system is a point-based visa category system. Candidates are required to mark a minimum number of points on an evaluation test in order to qualify for a visa.
The test takes into account factors such as age, the fluidity of the English language and other factors depending on the specific level under which you apply. There are five different levels:
Tier 1 - This level is intended for valuable migrants, such as investors and entrepreneurs.
Tier 2 - This level is for skilled workers
Tier 3 - This level is intended for unskilled workers
Tier 4 - This level is for students (aged 16 or older)
Tier 5 - This level is for temporary workers
The two most commonly used levels are level 2 and level 5. We will explain these levels in more detail below.
Level 2
As mentioned above, this level is intended for skilled workers. It is therefore intended for United Kingdom workers for long-term employment.
Visas level 2:
A qualified worker
Intra company
Health care
Minister of Religion
Athletic
When you are on a level 2 visa, you have the option to settle in the UK and stay at all times.
Need a British qualified worker visa (level 2)?
Submit your British visa application and our specialists will take care of the rest!
Level 5
As mentioned above, this level is for temporary workers. It is intended for United Kingdom workers on a short-term contract.
Tier 5 Visas:
Charity
Creative and sporty
Exchange authorized by the government
International agreement worker
Religious worker
Seasonal worker
Youth mobility scheme
When on a level 5 visa, you can not settle in the United Kingdom.
However, depending on the type of level 5 visa that you are, you may be able to switch to another visa status that will allow you to settle in the United Kingdom. You must meet the settlement requirements to do so.
When to request a British work visa
Traveling to the United Kingdom
Once an employer assigns a sponsorship certificate (COS), an employee may request an authorization of entry or authorization to stay. They will need the reference number included on their cos to do it.
The employee must:
Request relevant visa via an online application form
Pay the demand fee
Pay immigration health costs
Provide their biometric information in a Visa application center
If applicable, they will have to have a tuberculosis test
If the employee is already in the United Kingdom, they will need long-standing stay status and meet all the requirements to move on to a type of worker visa.
United Kingdom and temporary visa conditions of workers
Each employee of a worker or temporary worker visa is subject to the following conditions:
They do not have access to public funds and they can not claim state benefits, tax credits or housing assistance
If they constitute a national of a specific country and meet certain conditions, they must register with the police within 7 days of arrival in the United Kingdom.
United Kingdom and temporary visa conditions of workers
Each employee of a worker or temporary worker visa is subject to the following conditions:
They do not have access to public funds and they can not claim state benefits, tax credits or housing assistance
If they constitute a national of a specific country and meet certain conditions, they must register with the police within 7 days of arrival in the United Kingdom.
Workers can only work for their sponsor and in the occupancy specified on their cos
Sponsored workers, according to the visa they have been granted, may be allowed to:
Develop a period of contract notice if they apply for "change of employment"
Undertake additional job in addition to the work specified on their COS, if they meet certain conditions. This is not applicable for the charitable worker, seasonal workers or the types of visa of international agreement workers
Have a second because they are assigned to them so that they can undertake a second job. Once the second employer attributes a new COS, the worker must apply for authorization to stay, which allows them to undertake secondary employment, in addition to their main job.
Be temporarily used as a sportsman or a sports broadcaster
Participate in voluntary work
Register for a course they wish to study, provided that their study does not affect their ability to do the work they have been sponsored to do.
Let's take a look at case studies
When a sponsored employee starts working in the United Kingdom, they could see that they want to stay longer, change their jobs or even settle in the United Kingdom permanently. We are here to guide a sponsored employee through the process that should be taken in these situations.
Extension of permission to stay
If the entry authorization or permission of a worker is about to expire and that the employer wishes to continue the employer, the worker must make an "prolongation of permission to remain".
When assigning a COS for an extension of permission to remain from the request, the start date on the COS should be settled in the aftermath of their expiry of their current COS. The worker should only request an extension authorization within 3 months of the expiry of their current COS.
The worker can continue to work in the role listed on their current cos while their extension request is under study.
An employer can not continue to sponsor a worker for a new role if the following conditions are fulfilled:
The employer has published the last COS the employee has been awarded
The new role is in the same code of occupation that has been included in the last cos of the employee
The new role is listed as an eligible qualified occupation
If the employee is sponsored on a qualified or Intraccany Visa worker, the new role should meet the wage requirements of the visa concerned.
If the employee is being sponsored on a visa of skilled workers on the basis of employment in an occupancy shortage, the new role should also be included in the list of shortage professions.
If the role shift occurs during the employee's current sponsorship period, and before you can request an extension of the authorization, the employer does not need to assign a new COS.
However, the employer is obliged to inform the UKVI of the variation via the sponsorship management system (SMS).
Job change
If an employee wants to modify jobs, they will have to submit an application for change of employment. This must be approved before you can start working in their new job.
An employee must get a new COS and ask for a new permission to stay if:
Their Sponsor employer wants to sponsor them to make a job in a different occupation code;
The employee has already been sponsored for a job in the list of shortage occupations and goes to a job that is not listed in this list;
The employee wants to work for a sponsor or a different employer, and none of the exceptions listed below applies.
Exceptions:
A change in application application is not required if any of the following is:
If there is a change of employer or sponsor, but it is covered by the 2006 Business Transfer Regulations ("Tupe Arrangements") and the employee still works in the same Code of occupation attributed to their cos;
If the employee is sponsored for a postgraduate training program that includes multiple role changes throughout their jobs or are permanently assigned a role at the end of the program;
If the worker is a sports worker T2 SPORTSPERSON or T5 sponsored by a sports club but goes to another loan sport club and the director body of sport allows the loan;
If the worker is sponsored as a government-authorized exchange worker or seasonal worker and the change of employment is authorized by the sponsor, subject to authorizations under this type of visa.
In all these scenarios, the sponsor must inform the domestic office of the variation via their SMS.
If the employee's permission is close to his expiry date, they must request an extension of permission to stay.
Settlement
Employees who are on a skilled worker, Minister of Religion or the type of Visa of Sportsperson or are a private servant in a diplomatic household may apply for a settlement in the United Kingdom. They must have continuously and legally resided in the United Kingdom for 5 years.
In order for the employee to be eligible, their employer must certify that they always work for them and will be needed for a predictable future.
If a sponsor license of the employer is suspended when the employee has requested a settlement, the UKVI will wait for the suspension to be resolved until they deal with. In addition to this, if the employer's license is revoked, the employee's request for settlement will be refused.
Employers can employ workers without sponsoring them if they have been granted to a settlement.
However, if the employer shared them previously, they must inform the domestic office to let them know that the regulation was granted and no longer sponsor the employee. They can do it via their SMS account.
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