How to get CoS (certificate of sponso) from a small company?

[sajistarr]

Hi All,

I am working in a small outsourcing IT company in Sri Lanka.
We are getting most of the clients from an UK partner.

He and his friend (from now on X and Y) are Native english men / british.
We are getting orders from the UK (outsourcing to mr X and Y) and we works for those clients.
So technically 2 people help us to get clients from the UK.

But X and Y registered this as a company in UK and the company has only 2 staffs.
They are in this business for last 10 years with us.

Now My. X asks me to come to Uk and join with him.
But he never recurit anyone from outside of UK to WORK IN UK.

So he does not know anything about how to sponsoring a person to employ him.
Then I sent him this link to refer further about this: https://www.gov.uk/uk-visa-sponsorship- ... s/overview

My question is since this company is very small (Have only 2 Native british staffs and never sposored anyone before) will it affact the chance of mine to enter the UK?

how can he do this in proper way?

[iworker]

he needs to apply for a licence.
To do that, he needs to submit all required documents, which ukba will evaluate and then decide weather to grant them a licence or not. If they do get a licence, they will then need to conduct rlmt and apply for a restricted cos. once they have done that, u will need to apply for visa.
getting the licence and working for them does not depend on how big the company is. It depends more on what involves running a legitimate business, what consequences are for hiring an employee, taxes, laws etc.

I will be surprised if he does not know these things and have run a company for 10 years.

the prospective employer needs to do more research first.

[sajistarr]

Thank you so much for the detailed reply iworker.

I will be surprised if he does not know these things and have run a company for 10 years.

Probably the reason for he does not know this is "he never wanted to recruit anyone before this"

Also I read this PDF: http://www.londonelegance.com/transpond ... erview.pdf
where I noted that
A Tier 2 migrant cannot be sponsored
unless no suitable resident workers
apply over the full four weeks.

AND

Employers cannot recruit a migrant worker purely because they are the best
candidate. Where the RLMT applies, they can only sponsor a migrant worker
under Tier 2 if no suitable resident workers apply. They cannot reject a
resident worker only because they lack qualifications, experience or skills
(including language skills) that were not specifically requested in the job
advertisement.

So it means he can not sponsor me if he get any applicants during RLMT.
It is impossible NOT to get any applicants during that 4 weeks.
Frankly the government rules say employ the UK citizens when they are here.

How can he overcome this barrier....??
Seems it's a big headache for the sponsor..

[Frontier Mole]

Has your prospective employer actually advertised for the role in the UK?
If the answer is no then the Sponsor licence route is going to be problematic.
The bottom line is simple - he wants you and no one else, hence no matter what happens he will only employ you. On that basis the RLMT can never meet the fair and open requirement.
Given your long association with the owner etc you will have a hard job explaining why you and no one else could meet the job requirements.
The second point, if the job can be done from overseas anyway why do you need to come to the UK?
This then begs the question is the role a real role?

[sajistarr]

Has your prospective employer actually advertised for the role in the UK?

Not yet..
He is planning the way and the preparation for this.
his an my big question is now HOW pass the RLMT and get approved to issue an CoS for a foriegner.
When we have that answer he will advetise it promptly.

Given your long association with the owner etc you will have a hard job explaining why you and no one else could meet the job requirements.

That's what we are also thinking to over comethis.

The second point, if the job can be done from overseas anyway why do you need to come to the UK?
This then begs the question is the role a real role?

He is planning to expend the UK office and business.
So he is in a need of another hand there.

[Frontier Mole]

The simple answer there is no way to deal with the RLMT other than to do it and if a suitable candidate is found you will be excluded from the role. If no one applies or there is not a suitable candidate both these scenarios open the door to you being considered as a candidate.
If by what you say the RLMT is going to be gerrymandered to suit good luck with that. If you get found out your sponsor has there licence revoked, your visa gets curtailed and it is off back home for you.
The problem is that your position is compromised before you even start and any UKVI employee will quickly key into how you got the role.
What is the job role SOC and what will the salary be? You should be paid at the experienced rate so bare that in mind too.

[sajistarr]

wow... that was informative... Thanks a lot Frontier Mole

If you get found out your sponsor has there licence revoked, your visa gets curtailed and it is off back home for you.

That's now scaring me..

The problem is that your position is compromised before you even start and any UKVI employee will quickly key into how you got the role.

That's the interesting part.
Could you please instruct that how can my sponsor / me can contact an UKVI employee?
If it is a sensitive info you may send the insruction to my inbox

What is the job role SOC and what will the salary be? You should be paid at the experienced rate so bare that in mind too.

SOC 2137 - Web design and development professionals
reference : https://www.gov.uk/government/uploads/s ... 4_V0_6.pdf

And SOC 2137 is not in the Shortage Occupation List.
reference : https://www.gov.uk/government/uploads/s ... pril14.pdf

[Frontier Mole]

You don't get to contact UKVI staff for the advice that your seeking. Years ago they had account manager type people that would do that but that is all gone now. The job now is to police and control with a mind to refuse and reduce the number of Sponsors.

The role is a ten a penny job in the UK which is shown by the very low experieced rate of pay. It is also a role that by its very nature does not need to be undertaken in the UK. Don't want to be disparaging but unless the employer is offering far more than the minimum you have no long term future in the UK. To stay on in the longer term you need to be earning £35000 or more.

If your sponsor is truly serious about getting a licence and then undertaking the RLMT he should seek proper legal advice and follow to the letter the Sponsor Guidance.

Given your relationship to the employer there will always be the question as to pre selection. If it is questioned then you and he are in a very precarious position.

[sajistarr]

Thanks again Frontier Mole.
If you are in UK and if I'll get my chance to come there I owe you a beer for sure..

You don't get to contact UKVI staff for the advice that your seeking. Years ago they had account manager type people that would do that but that is all gone now. The job now is to police and control with a mind to refuse and reduce the number of Sponsors.

hurmm....

Don't want to be disparaging but unless the employer is offering far more than the minimum you have no long term future in the UK.

Sorry I'm bit lost here.
basically if the employer offers more than the minimum salary employee will have a long term future in uk... right?

To stay on in the longer term you need to be earning £35000 or more.

then I should discuss with him about the remuneration.
Any suggesstion about the role and SOC code that I can apply for in IT field related to softaware or we development.??

If your sponsor is truly serious about getting a licence and then undertaking the RLMT he should seek proper legal advice and follow to the letter the Sponsor Guidance.

have anysuggestion for the consultancy agencies for this?

Given your relationship to the employer there will always be the question as to pre selection. If it is questioned then you and he are in a very precarious position.

So we do not want to indicate about our long term business relationship anywhere in the documents. don't we?

[Frontier Mole]

There are literally thousands of immigration lawyers and authorised legal representatives in the UK. I would never recommend a particular one as that constitutes an advert which is not what this forum is about.
As for long term future - to avoid the long term abuse of using cheap overseas labour the rules have been changed so that unless you earn at least £35,000 then you can not apply to remain in the UK beyond six years.
This figure will continue to rise as time goes on.
As for SOC it is up to the employer to determine the correct role.
As for the previous relationship point - if you get asked the question are you associated then it all falls to bits. Pre selection becomes an issue. It is a risk you take.

My personal view on your situation is that there is a risk involved in coming to the UK, it is up to you to if you want to take that risk. Don't believe for one minute that the UK is the land of milk and honey and a salary of £22,000 in London is very low end stuff even for a single person. If you are a family, forget it.
If you are further north than London things improve. The average salary in the UK is around £24,000 and the cost of living is massive over here.
What seems an amazing salary for your country is peanuts over here, don't be carried away with the idea of coming to the UK as a way of becoming wealthy and successful. Your employer is a two bit company outsourcing work to you to get a profit. If in ten years that is all they have achieved your input is not going to rocket the business anymore than they have achieved in the past.
Be realistic and beware of the lure of getting to the UK, once your here you are in effect a wage slave tied to your employer.

[Wanderer]

This whole things reads like a buddy trying to get his mate into the UK with a dodgy T2 application.

[Frontier Mole]

Checking out his other post on how to avoid RLMT post - I tend to agree.
It is more a case of how can I get to the UK rather than the story spun here.
If his Sponsor was truly looking to employ him etc they would be leading the charge by getting advice in the UK which is more than readily available.

So all in all I think it is best I leave this where it is. He is on his own with this now.

[sajistarr]

This whole things reads like a buddy trying to get his mate into the UK with a dodgy T2 application.

Yeah that's what..
he is my mate.. We have good understanding because of a long term business relationship.

after all these years he wants to employ me to work in UK in his office and other guys from my country office will continue outsourcing him.

Is that wrong or illegal??

[sajistarr]

There are literally thousands of immigration lawyers .............

I understand the risk..

Thanks you so much for your all help Frontier Mole..