New Tier 2 and Tier 5 guidance for sponsors published – additional restrictions for key personnel

Posted: 02/10/2013

The Home Office has published new Tier 2 and Tier 5 sponsor guidance, which took effect on 1 October 2013. Amongst other updates, the guidance includes clarifications as to who can and cannot fill the designated ‘key personnel’ roles within the sponsor organisation. In addition to the existing requirements for authorised officers, key contacts, level 1 users and level 2 users, the guidance now states the following:

• none of a sponsor’s key personnel can be subject to bankruptcy restriction or debt relief restriction orders/undertakings; or be legally prohibited from being a company director (certain exceptions apply);
• key personnel can be migrants provided they have valid leave to remain and corresponding permission to work in the UK throughout the period they fulfill the key personnel role to which they have been appointed.  

We remind all sponsor licence holders and prospective sponsor licence holders that the restrictions above apply to anyone who holds a key personnel role or has been nominated for one, including UK-based external representatives (where allowed).

If you believe these new restrictions may affect your sponsor licence, or would like to review the relevant requirements/restrictions, overall, please contact our immigration team.

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