Tier 5 Sponsors

Tier 5 sponsorship permits the sponsor to engage temporary staff from outside the European Union within certain sectors of employment: creative, sporting, charity workers, religious workers, and sponsored researchers under the Government Authorised Exchange (which includes sponsored researchers for Higher Education Institutions).

Any UK based business wishing to engage a worker under the Tier 5 scheme is required to have a Sponsorship licence in this category.  The licence permits the employer to issue a Certificate of Sponsorship (CoS) in accordance with the rules set by the UK Border Agency. The UKBA sets a limit (allocation) on the number of certificates of sponsorship which each sponsor is allowed to issue. Issuance of a Certificate of Sponsorship in breach of the rules may result in a loss of a certificate, revocation of the Sponsorship Licence, and civil penalties.  Businesses are, therefore, strongly advised to seek legal advice before issuing certificates of sponsorship.

The UKBA Policy Guidance document for Tier 2 and Tier 5 sponsors outlines the applicable procedures.  UKBA also publishes the Codes of Practice which list the skilled jobs in each occupation for which sponsors can issue a certificate of sponsorship, minimum salary appropriate for each job, and the acceptable media for passing the resident market test where appropriate.

Useful links:

Codes of practice in the creative sector

Codes of practice for religious workers under Tier 2 and Tier 5