Q&As

Can an employer employ a Tier 2 migrant who was granted entry clearance on the basis of an incorrectly assigned unrestricted Certificate of Sponsorship (CoS), instead of a restricted CoS? Are there any implications for the sponsoring employer?

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Published on LexisPSL on 31/10/2018

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

  • Can an employer employ a Tier 2 migrant who was granted entry clearance on the basis of an incorrectly assigned unrestricted Certificate of Sponsorship (CoS), instead of a restricted CoS? Are there any implications for the sponsoring employer?

Can an employer employ a Tier 2 migrant who was granted entry clearance on the basis of an incorrectly assigned unrestricted Certificate of Sponsorship (CoS), instead of a restricted CoS? Are there any implications for the sponsoring employer?

An organisation with a sponsor licence must comply with a number of duties and responsibilities to maintain their ability to sponsor Tier 2 migrant workers. For further information, see Practice Note: Sponsor duties under Tiers 2 and 5 and adapting human resources systems.

When sponsoring migrant workers, employers can either assign a ‘restricted’ or an ‘unrestricted’ Certificate of Sponsorship (CoS) to the migrant. See Practice Note: Sponsoring an employee under Tier 2 (General).

The Home Office guidance ‘Tier 2 and 5 of the points-based system: guidance for

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