Q&As

Can a Tier 2 licence holder issue a Certificate of Sponsorship (CoS) to a person who no longer has leave to enter or remain in the UK? Does it make any difference if the CoS is issued within 14 days of the expiry of leave?

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Published on LexisPSL on 11/08/2017

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • Can a Tier 2 licence holder issue a Certificate of Sponsorship (CoS) to a person who no longer has leave to enter or remain in the UK? Does it make any difference if the CoS is issued within 14 days of the expiry of leave?

In this Q&A we have assumed that the worker is currently in the UK. We have limited this Q&A to cover the potential issues arising where a potential sponsored worker’s leave has just, or is about to, run out. We do not discuss general requirements to be met when a Certificate of Sponsorship (CoS) is issued.

It is arguable that, in many cases, so long as all other aspects of a Tier 2 sponsor’s duties are complied with in relation to the issue of a CoS, such as the conduct of a resident labour market test and satisfaction of minimum salary and skill levels, the immigration status of a new hire is irrelevant, so far as licence compliance is concerned. While sponsor licensing places significant responsibility on the shoulders of an employer, including in relation to monitoring immigration status and preventing illegal working, it is not required to assert that a person to whom a CoS is issued is currently in possession of valid leave. The decision as to whether to grant further Tier 2 leave to the applicant will be taken by the Home Office; and without such a grant of leave the potential new employee will not able to start work for the sponsor; so the sponsor will not at any time be employing a person without appropriate permission.

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