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SL Service Level Agreement

Service Level Agreement (SLA)
If you been guided to this page, it means you require G4I services to support your Sponsor Licence
This page will outline the SLA in great detail ensuring you are fully aware what you will be signing.
We have provided additional information and links to help you understand your obligations when holding a Home Office sponsor licence.

We have created a link below to download a copy of Service Level Agreement
SERVICE LEVEL AGREEMENT (SLA)

If you been instructed to this page, it means you require G4I services to support your Sponsor Licence
This page will outline the SLA in great detail ensuring you are fully aware what you will be signing.
We have provided additional information and links to help you understand your obligations when holding a Home Office sponsor licence.

We have created a link below to download a copy of Service Level Agreement
BEFORE YOU GET STARTED
We recommend you access the G4I website via Chrome web browser and ensure you have
Adobe software on your web-enabled device to be able to view PDFs
BEFORE YOU GET STARTED
We recommend you access the G4I website via Chrome web browser and ensure you have Adobe software on your web-enabled device to be able to view PDFs
If you using a Desktop or Laptop to access this website, We recommend you use Chrome web browser. Install for free.
If you wish to download the PDF from this web page, you will need to have Adobe Reader to be able to read the document. Install for free.
Download copy of this Service Level Agreement
Thank you (Client) for choosing Global 4 Immigration to help your organisation comply to holding a UK Visa & Immigration Sponsor Licence.

Document Abbreviations:
  • BRP means Biometric Residence Permit
  • CoSmeans Certificate of Sponsorship (Issued to Tier 2 and Tier 5 workers)
  • G4I means Global 4 Immigration
  • IHSmeans Immigration Health Surcharge
  • PBSmeans Points-Based System
  • RLMT means Resident Labour Market Test
  • RCoSmeans Restricted Certificate of Sponsorship (Issued to Tier 2 General only)
  • SL means Sponsor Licence
  • SLAmeans Service Level Agreement (this document)
  • SMSmeans Sponsorship Management System
  • SOC means Standard Occupational Classification
  • UCoSmeans Unrestricted Certificate of Sponsorship (Issued to Tier 2 General only)
  • UKVImeans UK Visas & Immigration (The Home Office).
Below index outlines the information provided in this SLA. Each section provides important information to help the Client maintain a compliant SL and sets out this agreement.

SLA Index
  1. About G4I
  2. Client introduction
  3. Preventing illegal employment
  4. SL compliance audits
  5. Resident Labour Market Test (RLMT)
  6. SL compliance
  7. Compliance audit on the Client’s premises
    1. What do G4I or the UKVI look for when a SL audit is carried out?
    2. The 5 key areas that the Client must be compliant with
    3. Keeping the right staff records
    4. What documents must the Client keep
      1. Types of data the Client should keep 
  8. SL training
  9. HR & SL compliance
    1. HR & SL setup
    2. Head office & branches
      1. Clients that own multiple entities that are trading under different HMRC unique payrolls
    3. Having the right people assigned to the Client SL
    4. Role of the Authorising Officer
    5. Role of the Key Contact
    6. Role of the Level 1 Users
    7. Role of the Level 2 Users
    8. Role of a representative
    9. Who cannot be assigned a CoS?
  10. SL Clarification
  11. CoS clarification
    1. CoS introduction
    2. What are UCoSs
    3. What are RCoSs
    4. What are standard CoSs
    5. What are priority CoSs
    6. Certifying Maintenance
  12. Right to work evidence for overseas nationals
  13. BRP clarification
  14. What does UKVI look for when they carry out a SL audit?
    1. Tier 2 & 5 workers
    2. Contracting Out Tier 2 & 5 Workers
    3. Sponsor Duties
  15. Outsourcing
  16. Responsibilities
  17. Visa process guide
  18. SL support services
    1. Support clarification
    2. What support will the Client receive under their package?
    3. Non-SMS support services
    4. Changes made in SMS
    5. Additional support services
    6. Visa services
  19. Chargeable immigration support services
  20. Visa & purchase order process
  21. Summary of contractual terms
  22. Rate card
  23. SLA Authorisation

List of Services

1. ABOUT G4I
Why entrust G4I to represent your business?
G4I has been supporting UK organisations for over 15 years. In 2008 the Home Office introduced the new PBS which meant UK organisations had to use a new SMS. G4I was one of the approved Home Office support law firms that was listed on their website as having a good understanding of the PBS and SL. Learn more >>.

G4I offers specialist immigration services for organisations that sponsor non-EU nationals. To help the Client understand some of G4I core services, select any of the below to learn more.
2. CLIENT INTRODUCTION
Over 30000 UK organisation currently hold a sponsor licence and they employ workers under Tier 2 & Tier 5 of the PBS. These Clients must adhere to the 5 Key Areas of good HR practices as stipulated by UKVI. Click here to learn more.

It is the Client responsibility to understand their responsibilities when holding a SL and this agreement will help them understand where G4I can support their organisation. 

The Home Office plans to introduce a new PBS from the 1 January 2021 and our managing director will be attending the event on 1st April where the Home Office will present the new scheme. We will update you on the potential changes.

3. PREVENTING ILLEGAL EMPLOYMENT
G4I support services will help the Client from preventing illegal employment. It can be very confusing to know whether the Client can hire a person in the UK based on the individual visa status and whether their ‘Leave to Enter’ or ‘Leave to Remain’ has been done correctly.

Below is a breakdown of the types of people that the Client could employ:
  • UK settled workers (this includes people holding Indefinite & Permanent Residency status)
  • EU national’s clarification wanting to work in the UK can include:
    • Direct EU, EU or Swiss citizen.
    • Direct family member of an EU, EEA or Swiss citizen holding a passport from outside the EU*.
    • Extended family member of an EU, EEA or Swiss citizen**.
    • Family member of a British citizen who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship.
*A direct family member is either a husband or wife, a civil partner, child under the age of 21 who are dependent on you or your spouse or civil partner.
**An extended family member rules changed on the 1 February 2017 under regulation 8, meaning, you must have proof you are related to the EU, EEA or Swiss citizen.
  • Non-EU nationals with permission to live and work in the UK who fall outside of the immigration rules.
  • Non-EU nationals with permission to live and work in the UK and within the immigration rules with permission to switch visa routes into Tier 2 or Tier 5 without having to leave the UK.
  • Non-EU nationals with permission to live and work in the UK and within the immigration rules with no permission to switch visa routes into Tier 2 or Tier 5 but can leave the UK and apply to enter the UK under a new entry visa category such as Tier 2 or Tier 5.
  • Non-EU nationals not in the UK wanting permission to enter the UK to work under Tier 2 or Tier 5.
Unless the Client fully understand the above, they could be fined £20,000 per illegal worker and be named and shamed on the Home Office website if found to be illegally employing someone. Learn more.

*When the UK leaves the EU on the 31 December 2020, all EU nationals from the 1st January 2021 not already in the UK will fall under the same immigration rules as non-EU nationals. G4I will update this agreement when the UK leaves the EU.

When the Client wants to employ an overseas national, G4I can assess all right to work status prior to any employment offer letter being agreed upon. Under this SLA, G4I offers a free verification service to help the Client from accidentally committing or hiring a person in error which could prevent a civil penalty and prison sentence of up to 5 years. Learn more.

4. SL COMPLIANCE AUDITS
Every Client must adhere to compliance when they operate as a profit or not for-profit organisation. If the Client does not comply with UK laws, regulating bodies such as UKVI and HMRC, can turn up unannounced to the Client premises and investigate how they operate. If the organisation falls under other regulating bodies, they can also do their own investigation.

G4I provides specialist services in the areas of employment and immigration compliance which means they can help the Client to be compliant in these areas. As the Client holds a SL to employ non-EU nationals that need permission from the UKVI to enter or remain in the UK, UKVI would expect the Client to fully comply with the 5 Key Areas of good HR practices. Failure to comply to these 5 key areas, the penalties are either - SL downgraded to B-Rated status (penalty imposed and revisit fee to pay UKVI) or, Suspended SL which is likely to lead to the Client SL being Revoked and potential issuance of a civil penalty.

Note: If a SL is ‘revoked’, the Client cannot apply for a new SL for 12 months. Any Tier 2 or Tier 5 workers employed; their employment would immediately cease.

If the UKVI compliance officer turned up unannounced to the Client property and carried out an audit, would the Client be 100% confident in passing the inspection?

5. RLMT
The RLMT is there to protect the UK settled workforce and only allow non-EU nationals the opportunity to apply for UK job vacancies if a UK settled worker cannot be hired. UK settled workforce refers to UK and EU nationals living in the UK whilst the UK is still in the EU. If a EU national agrees to relocate to the UK, they should be offered the job over a non-EU national. If the Client advertises a post at RQF Level 6 (different rules apply in Scotland) or the job is exempt at being at RQF level 6 or, if the job is not exempt from the RLMT, the Client would need to have in place a recruitment process that if investigated demonstrated clear and concise policies on hiring people were dome. G4I has designed their own recruitment cycle that will help protect our Client. Note: The Home Office are proposing to scrap the RLMT as from 1st January 2021.

6. SL COMPLIANCE
It is paramount the Client maintains a valid business premises and valid HR system at all times. When hiring workers, the Client must keep paper or electronic trail of each recruitment practice and log and track daily the worker’s activity when engaged. As part of holding a SL the Client must be fully up to date with the 5 key areas and have good knowledge of what is going on within their SMS.

UKVI compliance officers have the right to turn up unannounced or by appointment to conduct an audit on the Client SL and HR processes. The compliance officers do not say much on the audit day, they collect intel, interview the Client and their Tier workers, they simply are looking for issues of concern and non-compliance. The compliance officer may request evidence from the Client and then write to the Client to confirm if they are partially or fully compliant. The UKVI will list in their letter all things they are claiming the Client is non-compliant with. From speaking to UK organisation whom the UKVI compliance audits have audited, the audits could be completed in just a few hours or in some more extreme cases 12 hours later. It all depends on how compliant the organisation is and if their HR and filing system is in order.

UKVI audit letter where issues been found will either state:
  • Downgrade SL to a B-rating
  • Suspending SL
B-Rated means the organisation will be charged with minor offences and given time to correct these issues. In most cases the organisation will have to login to their SMS and pay the fee to request a new audit visit which currently costs £1476.00. The organisation must pay this fee and when the UKVI compliance officer comes to visit again, they will expect the organisation to demonstrate that those issues are now fixed, and no new issues are found. If the organisation fails the second audit or obtain a second B-Rating, the Client SL is likely to be revoked.

Suspended is for more serious offences. The Client has 20 days from the suspended letter to respond to all non-compliance in the letter and provide evidence to explain why the UKVI compliance officer was wrong to make such claims. UKVI will decide to reinstate A-Rated or revoke the SL. If the SL is revoked, any employed Tier 2 or 5 workers must cease employment immediately.

7. COMPLIANCE AUDIT ON THE CLIENTS PREMISES
7.a What do G4I or UKVI look for when a SL audit is carried out?
  • Does the Client meet all of the criteria or are fully compliant?
  • Does the Client only meet some of the criteria or are partially compliant?
  • Does the Client meet any of the criteria or are non-compliant?
7.b The 5 key areas that the Client must be compliant with are:
Area 1: Monitoring immigration status and preventing illegal employment
Area 2: Maintaining worker contact details
Area 3: Recordkeeping
Area 4: Worker tracking and monitoring
Area 5: General Sponsor duties

7.c Keeping the right staff records
As an employer, the Client must keep certain records in relation to their work force. There are also other records the Client should keep as a matter of good practice.
Note: The Client must ensure that they collect, store and process these records securely.

The UKVI compliance officers would expect to see staff records in order, up to date including timesheets where Tier staff are currently working.

On the 25 May 2018, GDPR new laws were imposed regarding ‘personal data’ held on EU nationals. This means all nationals of the EU including the UK regardless if the UK leaves the EU or not, the Client processes must be fully compliant or, they could receive an 10m or 20m EURO penalty. Learn more.

Workers are entitled to receive a copy of information held about themselves and can seek compensation for damage or distress suffered as a result of a breach of the Data Protection Act. The Information Commissioner's Office also has the power to issue monetary penalties to organisations for serious breaches of the Act. This means that the Client should take care when recording information about their staff.

7.d What documents must the Client keep?
The Client must keep certain documents for every sponsored worker. If UKVI requests this evidence the Client must be able to provide the information ‘there and then’.

7.d.i Types of data and documents the Client should keep:
  • The worker's contact details (address, mobile telephone number and if applicable telephone number), must be kept up to date; and
  • A photocopy or electronic copy of the worker's passport or UK immigration status right to work document (usually a BRP card), see clause 13 for further details that shows their entitlement to work and the length of their permission to remain in the UK.
  • The Client should keep records and copies of contract of employment, employment condition changes, all pay slips, pay rises and pay decreases, employment hours, contact details and job descriptions and job promotions. Certain information must be reported in the SMS to the Tier worker CoS. If the Client carried out a RLMT to employ a worker then keep a copy of the job advertisements, the URL link and the links to the jobs-boards that they used plus, records of who applied to the job, reasons for rejections, interview notes and who as shortlisted.
  • If the Client placed a Tier worker to a third-party site, they would need to ensure the work being carried falls under the SOC code that was assigned to that worker and employment conditions followed. The Tier worker must be under the Client control at all times and any third-party involvement is not permitted to subcontract the Client Tier worker out to another third party or, take control of that Tier worker or dictate the work agreed upon. If the Tier worker is required to live at a different location because of the work transfer; the worker must complete and send to the UKVI a change of circumstances form to inform of their change in circumstances. Note: If the third-party requires their Tier workers to work in a different location to the contract agreement then this is likely to be a breach. Contact G4I for guidance prior to any assignment. The Client must also record a change of circumstances if the Tier worker role or details changes within their SMS.
To be fully compliant, the Client should record all this information into a suitable HR system, ideally an electronic database where alarms can be set to prevent illegal employment or other employment or SL breaches.

8. SL TRAINING
What if the Client needs training to be compliant to holding a SL?
To hold a SL and avoid it being ‘Revoked’ by UKVI, the Client must ensure that all staff involved in the process of employment relating to sponsored workers, must be fully compliant and ‘in the know’ when it comes to the immigration rules and whether the Client recruitment policy is actually compliant.

Depending on the Client HR systems, their size, location(s) and departments and HR processes that should include policies on employment staff, will determine how easy it be to verify if training should be carried out as staff can only follow policy of the organisation.

G4I role under this SLA is to provide support but the Client has to take ownership of how they recruit and terminate their staff. If the Client feels their HR is not 100% compliant, before signing this agreement, verify first with G4I how this can be addressed. 

Below is an overview of training specifically to holding a SL:
G4I can provide two types of training:
  • Online either one-to-one or in a group.
  • Face-to-face either one-to-one or in a group.
9. HR COMPLIANCE
9.a HR & SL structure
G4I recommends that the Client carries out once a year an audit to verify if their HR processes are still compliant to ensure their SMS is up to date and that all employed staff are permitted to be employed. 

9.b Head Office & Branches
The Home Office accepts organisations structure in most formats from a single property, group of properties and different trading entities if they are linked. 

G4I can support the Client if they are a:
  1. Single property
  2. Head office and branches
Depending on the Client business structure will determine how much work is required to make sure the Client is fully compliant to holding a sponsor licence.

If the Client has one property where they engage staff then this is more straightforward but if the Client has multiple UK properties (trading as or unique trading entities such as limited or sole trading, or franchise) within their group or, they sponsor workers that work on third-party sites, G4I would recommend the Client have this investigated to ensure their structure and compliance policies complies to their SL duties otherwise this could be one of many areas a SL can be B-Rated or Revoked.

9.b.i Clients that own multiple entities that are trading under HMRC unique payrolls
If the Client owns multiple entities or purchases new businesses whilst they hold a SL, they can add these entities to their SL as ‘Branches’. This will allow the Client to allow any Tier worker throughout their group to be transferred without needing to register a new RLMT, Cos or visa application. UKVI must first approve any new branches before any tier staff can be internally transferred.

See clause 14 on how UKVI carries out their audits for non-compliance.

9.c Having the right people assigned to the Client SL
The Client is required to assign certain people to their SMS. Below are the titles that must be assigned and the names added must be still employed:
  • Authorising Officer
  • Key Contact*
  • Level 1 Users*
  • Level 2 Users**
*G4I can be assigned as a Key Contact and Level 1 User.
**Only required in certain organisations to restrict access to lesser qualified staff accessing the Client SMS. Note: At least one person assigned as a Level 1 User must be an employee of the organisation. 

9.d Role of the Authorising Officer
The Authorising Officer does not have automatic access to the Client SMS. If the Authorising Officer needs access, they must be set up as a Level 1 or Level 2 User. This will mean they will have two roles, Authorising Officer and Level 1 or 2 User.

An Authorising Officer must be an employee of the company. The Authorising Officer is accountable for ensuring the assigned Key Contact and Level 1 and Level 2 Users are competent to manage workers employed and the use of the SMS and dealing with UKVI.

If the Authorising Officer leaves the Client employment or, they prefer to appoint someone else, the Client SMS must be updated immediately and sign-off a form that is sent to UKVI to be approved. As part of the SLA, G4I can update the SMS.

9.e Role of the Key Contact
The Key Contact does not have automatic access to the SMS. This role allows the UKVI to contact this person if they need to visit the Client’s premises or need certain clarification. UKVI can still contact the Authorising Officer and Level 1 Users. The Client should only assign a person qualified to speak to the UKVI if they call otherwise, they could accidently say the wrong thing that could lead to an audit or investigation.

9.f Role of the Level 1 User
A Client must have at least one Level 1 User assigned to their SMS. If not, UKVI could revoke the Client SL for non-compliance. The Client is authorised to add G4I as a Level 1 User. See clause 9.h for further details.

A level 1 user can:
  • add Level 1 and 2 Users and remove them;
  • assign CoSs to workers;
  • ask for the Client CoS annual allocation to be increased;
  • update the UKVI via the Client SMS of their workers work changes;
  • use the 'change of circumstances' section to ask the UKVI to record SL compliance changes in their or worker’s circumstances;
  • report worker activity to the UKVI (such as telling the UKVI if a worker goes missing, does not attend their job or employment ends early);
  • withdraw the workers CoS;
  • manage the Client work addresses; and
  • amend User details.
A Level 1 User can search for a CoS, view all assigned CoSs, see the ones that were used, expired, withdrawn and started but unassigned. When a new Level 1 User is added to the Client SMS, the request is sent to the UKVI. If the UKVI approves the request, the UKVI will send confirmation to the Authorising Officer and Level 1 User. Each Level 1 User will have their own User ID. When adding a new Level 1 User, their password will be sent directly to them and User ID to the Authorising Officer. If the Client wishes to remove a Level 1 User, they can deactivate one or more in the system by one of their approved Level 1 Users. If the Client only have one Level 1 User, they cannot deactivate that User until a new Level User has been added.

A Level 1 User must never disclose their password to anyone else. If they do, the UKVI may downgrade the Client’s SL from an A-Rating to a B-Rating, or withdraw their SL altogether.

9.g Role of Level 2 Users
A Level 2 user can:
  • assign CoSs to workers; and
  • report worker activity (for example, if they leave their job or do not arrive for work).
  • A Level 2 User can only search for CoSs that they have entered.
  • A Level 2 User can be a temporary member of staff supplied by an agency.
When the Client adds a new Level 2 User, they will be able to find the new user ID in the system immediately, which the Client should pass on. The password will be sent directly to the user by email.
A Level 2 User must never disclose their password to anyone else. If they do, the UKVI may downgrade the Client’s SL from an A-Rating to a B-Rating, or withdraw their SL altogether.

9.h Role of a Representative
A Representative cannot act as the Client Authorising Officer but can have access to their SMS. Before access can be granted, the Client must login to their SMS and request to add a Representative. UKVI should approve the representative if regulated. The Client can then apply within their SMS by requesting to add the Representative as either a Level 1 or 2 User.

Before the Client can add G4I as a Level 1 User, they first register G4I as a Representative, once approved, G4I lawyer can be added as a Level 1 User which the Client must do.
Note: A Representative can also be the Client appointed Key Contact.

9.i Who cannot be assigned a CoS?
The Client is not permitted to assign a CoS to the following types of people:
  • Spouse or civil partner
  • Unmarried or same-sex partner
  • Parent or step-parent
  • Son or step-son
  • Daughter or step-daughter
  • Brother, step-brother or half-brother
  • Sister, step-sister or half-sister
  • Nephew, niece, cousin
  • Father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law.
Assigning a CoS to one of the above would fall under ‘Close Relative or Partner’ and a breach of the Client SL. If the Client did this, it is very likely their SL would be ‘Revoked’.

10. SL CLARIFICATION
If the UKVI suspects the Client has favored a non-EU national sponsored under a Tier over a UK or EU worker, the UKVI could take action against the Client by suspending their A-Rating by down-grading it to a B-Rating or Revoking it. If the Client SL is B-Rated, they are generally given up to 3 months (this can vary) to get compliant or lose their SL altogether. The Client will also have to pay UKVI to revisit the Client premises to carry out the second audit. If the Client fails the second audit then their SL is likely to be Revoked.

During the Client B-rated status, the Client cannot assign any further CoSs. If any worker BRP assigned to their CoS expires during the B-Rated period, the worker cannot work for the Client until they get back their A-Rated status.

If the Client SL gets revoked, all tier workers employment must cease immediately upon receipt of the revoked SL letter. After the SL is revoked, each tier worker would receive a curtailment letter explaining their visa has been curtailed. The curtailment letter will state, you have 60 days from the letter date to leave the UK or find a new sponsor or switch into another visa category.

11. CoS CLARIFICATION
11.a CoS introduction
A CoS is not a paper certificate or a document, but a virtual document, like a database record. When the Client has followed all of the rules set out in the UKVI for Tier 2 and Tier 5 sponsor guidance, the Client is ready to sponsor a worker under Tier 2 or Tier 5. The Client must assign a CoS to the non-EU national using their SMS account. This involves working through a short online form where the Client gives UKVI information about the Tier worker they want to sponsor and the work they will do. All of the information the Client enters will be stored and can be viewed by UKVI. A CoS can only be assigned by a person who has access to the SMS as a Level 1 or Level 2 user.

When the Client assigns a CoS, a reference number is generated, the Client must give this number to the non-EU national they wish to sponsor. The non-EU national must include the CoS reference number in their visa application plus other details assigned in the CoS. G4I recommends providing a copy of the whole CoS to the worker as they will need to enter other information to their visa application form. When assigning a CoS details to a non-EU national, the Client must treat this as confidential information and comply to the GDPR compliance on ‘personal data’ regulations. 

11.b What is a UCoS?
A UCoS can only be assigned to Tier 2 (General) where the non-EU national is in the UK on a valid visa and is permitted to ‘Switch’ visa routes, ‘Change’ UK employers if already under Tier 2 or extend existing Tier 2 CoS. If the Non-EU national must leave the UK to enter, he/she cannot be assigned a UCoS, the Client will need to apply for a RCoS.

UCoSs are issued via the Client SMS based on the tax year (6 April to 5 April). This is known as the Client CoS annual allocation. If the organisation falls under charity, their allocation may fall under a different date period. If the Client requires more CoSs during the tax year, they can request more but they must demonstrate first why they need additional CoSs.

11.c What is a RCoS?
A RCoS can only be assigned to Tier 2 (General) where the non-EU national needs this visa to enter the UK.
The RCoS is processed under 3 stages:
  1. The Client needs to login to their SMS and request the number required on or before the 5th of the month. UKVI will expect the Client to provide key information in the RCoS such as SOC code, salary, employment hours, job description and where job advertised.
  2. Between the 6th to the 10th UKVI are likely to request an array of documents and data regarding the RCoS request. Failure to supply this data the RCoS will be refused or if the Client provides the wrong data, the RCoS will be refused and could trigger a site audit.
  3. 3. By the 12th of that month the UKVI panel will either approve or reject the request(s) as long as process 2 is completed in time. If the UKVI approves the RCoS then the Client can assign the worker details to it. If the RCoS is rejected, the Client can request the RCoS to be considered the following month.
The Home Office plans to scrap the RCoS when the new immigration rules are introduced on the 1st January 2021.

11.d What are Standard CoSs?
Standard CoSs are issued to Tier 2 Intra-company Transfer, Tier 2 Minister of Religion, Tier 2 Sportsperson and all Tier 5 excluding some countries listed under the Youth Mobility Scheme. If Tier 2 General is still a valid visa route from 1st January 2021, we believe Tier 2 General will fall under Standard CoS.

11.e What are Priority CoSs
If the Client uses up their annual CoS allocation and need an urgent UCoS or Standard CoS to assign to a non-EU national, the Client can login to their SMS, request additional CoSs. The Client must then email UKVI explaining why they need the CoS urgently. If the Client just ask for a CoS because they need a spare one, the request will be refused. Unless the Client is extending a Tier worker, the job must comply to the RLMT guidelines and be a genuine vacancy. The cost to process an urgent CoS is currently £200 and the UKVI aim to give the Client a decision within 5 working days.

11.6 Certifying Maintenance
When a Client issues a CoS, they can tick a box in the CoS to certify the Tier worker maintenance. This will help the Tier worker and any family member meet the financial requirements for entry or renewal visa. If the Client does not want to certify maintenance, the Tier worker and any family members must demonstrate they have the funds in their account for 90 consecutive days prior to their visa application. At present Tier worker needs £945 and each family member needs £630. If G4I is required to process the visa, G4I will confirm if the Tier worker and family members meets the financial threshold and if not, the Client can then certify maintenance within the CoS.

12. RIGHT TO WORK EVIDENCE FOR OVERSEAS NATIONALS
When hiring any non-EU national, the Client is required to keep on file their immigration documents that shows the worker right to work status in the UK regardless if the worker is on a tier visa or not. If the non-EU national needs permission to be in the UK, the Client should ask for the following evidence:
  • Entry visa sticker issued to non-EU nationals entering the UK (30 days temporary visa)
    • BRP card collected once in the UK (replaces entry visa sticker)
  • BRP cards issued when renewing UK visas in the UK
  • EU nationals holding a Registration Certificate or Document Certifying Permanent Residence issued by the Home Office to a national of a European Economic Area country or Switzerland*.
    • Non-EU national family members entering the UK (temporary 6 months visa sticker)
  • A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
  • A certificate of registration or naturalisation as a British citizen, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
*When the UK departs the EU on the 31 December 2020, any EU national in the UK must register with the Home Office as Pre-Settled or Settled by the 30 June 2021. Learn more about the new scheme.

13. BRP CLARIFICATION
A BRP (formerly known as an Identity Card for Foreign Nationals) is a document containing details of the non-EU national immigration status, photograph and their fingerprints. This document is only issued within the UK and has replaced visa stamps that use to be issued within the UK.

When a person enters the UK under a visa route that exceeds 6 months, they are issued a 30 day temporary visa sticker and once the non-EU national arrives to the UK, they are required to collect their BRP card from their assigned collection point.

When carrying out a right to work check, below is what a BRP card looks like:
14. WHAT DOES UKVI LOOK FOR WHEN THEY CARRY OUT A SL AUDIT?
If the Client is audited by UKVI, the UKVI compliance officer are likely to investigate the five key areas and listed below are some of the questions the UKVI compliance officer will be thinking and likely to ask the Client during the audit:

14.a Tier 2 & 5 workers
  • How the Client recruited the worker that falls under their SL. This is likely to include how the RLMT was carried out, applications shortlisted process, interview notes and verified each applicant skill sets.
  • Did the Client exclude a UK settled worker application when hiring a Tier worker?
  • Is the job position genuine or manufactured?
  • Assigned the CoS in accordance to the RQF level required?
  • Assign the right SOC code to the relevant job description?
  • Does the salary, commissions, bonuses reflect what is stated on the CoS and RLMT and employment contract?
  • Are the Clients Tier workers doing the job as specified in their CoS/Job description and if applicable what the job was advertised at?
  • Tier workers working at the location as stipulated in the Tier worker CoS?
  • Tier worker pay greatly increased after employment commenced?
  • Did the job start as per the start date on the CoS, if not what is the reason? 
  • Did the Client track expiry dates when a CoS and BRP expires?
  • Does the Client keep a daily record of the worker attendance?
  • If the worker works off-site, can the Client demonstrate the work was carried out?
  • The Client log paid and unpaid leave?
  • Did the Client record and comply with the paid and unpaid holiday/leave employment guidelines?
  • If the Tier worker job changed, does the work changes fall within the same SOC code?
  • Any Tier 2 workers engaged under entrant salary, are the salaries amended too 'experienced' after 3 years when the Client assigns a new CoS?
  • Does the Client know when any non-EU national visa and other right to work data will expire?
  • If a worker failed to turn up to work, does the Client know what to do and when to update their SMS.
  • Does the Client know how to update UKVI on their business and Tier workers?
  • If the Client transferred a worker to another site or job type, does the Client know the process?
  • Does the Client know the difference between an Unrestricted and Restricted CoS?
  • Does the Client know what visa workers can be engaged without SL permission?
  • Can the Client employ a worker from another sponsor?
  • Can the Client engage volunteers that need permission to be in the UK and do the Client know the hours they can volunteer?
14.b Contracting Out Tier 2 & 5 Workers
Contracting out means the Tier worker is not stationed/working at the Client Head Office or branch. The Tier worker has been assigned to a third-party premise to do work.
  • Did the Client get a B2B contract signed with this third-party business?
  • Did the contract cover the following
  • Confirm the worker is under tier sponsorship?
  • Tier worker is under your control and supervision?
  • Tier worker cannot be disciplined by the third-party business?
  • Tier worker cannot be contracted out to another third-party business?
  • Tier worker must be paid directly by your organisation and not the third-party?
  • Work carried out falls in line with the SC code and job description stated in the assigned CoS?
  • Pay offered to do the third-party work complies to the salary in the assigned CoS?
  • Employment hours complies to the salary in the assigned CoS?
  • If the tier worker is moved to site to site, did you add a worker note to inform UKVI of address the tier worker is based at?
Note: These are just some of the terms that need to be covered. As B2B contracts can vary, the Client should contact G4I being agreeing to assign any tier worker under such a contract to avoid non-compliance.

If the UKVI compliance officer decides to investigate B2B arrangements, they could ask the following:
  • Did you confirm in the RLMT that the job was off-site under a B2B contract?
  • Did you confirm on the CoS the work is off-site?
  • Did the Client keep a daily record of worker working activities on the third-party premises?
  • Did the Client have evidence of work carried out on Client’s premises?
  • Did the Client enter in the assigned CoS work dates greater than the B2B contract?
Note: These are just some questions you may be asked.

14.c Sponsor Duties
  • Is the Client Authorising Officer, Key Contact, Level 1 and Level 2 Users details correct in their SMS?
  • Has the Client applied for their annual CoS allocation by the agreed time?
  • Are the Client and any branch details up to date within their SMS and this includes changes to properties opening, closing, change of ownership etc.?
  • The SMS is updated when changes are made to workers conditions?
  • If the Client has multiple properties assigned to their SL, are these properties workers up to date?
  • Has the Client filed all RLMT carried out where they engaged any Tier workers, this should include CVs applied, cover letters, qualifications, references, licences if applicable, who was rejected, shortlisted, interviewed, DBS checks if applicable and right to work screening when pre-engaging the non-EU national?
  • Did the Client update their SMS within 10 working days if any Tier worker circumstance changes?
  • If any employment changes after the CoS was assigned, has it been updated in the Client SMS?
  • Where Tier workers receive a considerable pay increases, has this been added to the workers CoS as a worker note within the Client SMS?
  • If the Client cancelled any CoS or worker does not turn up to do the job, are these CoSs updated/cancelled in the Client SMS?
Note: The above are just some areas the Client could be asked and investigated. The Client must provide 'there and then' the information requested by UKVI compliance officer.

15. OUTSOURCING
G4I can provide an array of services to help the Client manage their non-EU national workers and their SL compliance. G4I can provide the following:
  • Visa checking service pre-engagement.
  • Training program for the Client staff responsible for managing non-EU national workers.
  • Annual audit to help keep the Client HR and compliance in order.
  • G4I can introduce to the Client a legal law firm that provides an array of employment documents and employment legal advice.
16. RESPONSIBILITIES
Every Client should know in their organisation who is responsible for what and to ensure their SL and SMS records match the UKVI database records. If anything has changed since the sponsor licence was approved, the SMS must be updated within the agreed time.

Below is some of the important changes to keep on top of:
  1. Change to trading premises, ownership (UK or overseas parent company) includes shareholders and trading name etc.
  2. Adding new business entities to their SL if they Client plans to move tier 2 staff to these premises.
  3. Changes to Authorising Officer, Key Contact, and Level 1 and 2 Users
  4. Annual allocation of CoSs, processing CoSs, cancelling CoSs etc.
  5. Adding a worker note when changes happen to tier workers.
The Client must take full ownership to ensure ‘staff employed’ involved in their recruitment cycle and staff involved are properly trained to follow the organisation policies.

G4I has created its own 10-step recruitment program that forms the cycle we believe every organisation should follow which will reduce costs, saves time and will help prevent non-compliance if each step is followed.

Below is a diagram we have designed to help prevent non-compliance and help the Client be very structured.

If the Client requires G4I to custom a recruitment cycle bespoke to their organisation, G4I can do this for an agreed fee.
If the Client was challenged by the UKVI or HMRC, could they instantly show a list of trained staff involved in the entire recruitment process? Has the Client obtained confirmation by signature that staff involved in the recruitment process are fully competent and are aware of the company policies on employment and immigration compliance?

The above will all depend if one person does all 10 steps or multiple people are involved and whether the recruitment cycle is controlled centrally or other properties in the Client group does some or all of the above. Every business is different but if you are a large employer of people, you should have in place a hierarchy chart showing how the flow goes by location, departments, sub-departments and people and who reports to who.

Regardless of your organisation size, you should know who does what and ensure the staff listed are aware of UK employment and immigration laws. This can be a way for you to log and track the people involved and if you need G4I help, we then know who in your organisation is responsible for what.

If the Client gets a visit from UKVI, they should know who is responsible for what process and demonstrate it ‘there and then’ if requested.

17. VISA PROCESS GUIDE
Below is a process guide G4I follows to processing visa applications:
  1. Client confirms to G4I they like to sponsor a non-EU national
  2. G4I confirms with the Client if a RLMT is required
  3. RLMT is carried out if applicable
  4. Client provides G4I draft of employment letter and job description
  5. Client completes G4I CoS form and emails to G4I
  6. G4I agrees job advert, CoS, employment letter and job description are correct
  7. Client confirms with G4I who will pay UKVI and G4I fees
  8. G4I requests that the Client introduces the applicant to G4I
  9. G4I contacts the applicant and verifies their details and explains the visa process
  10. Applicant confirms by email they wish to proceed with G4I services
  11. G4I prepares care letter and emails the applicant to register on G4I website
  12. Applicant registers on G4I website and signs business T&Cs and care letter
  13. G4I invoices approved party 
  14. G4I confirms by email when payment is received into the client account
  15. Applicant and employer provide G4I with documents required
  16. G4I prepares registers UKVI visa account
  17. G4I completes visa application form and requests applicant to verify the data
  18. Approved person pays UKVI visa fees as Standard, Priority or Super Priority
  19. G4I creates UKVI commercial partner account
  20. G4I books in commercial partner the applicant biometrics appointment
  21. G4I uploads applicant documents to commercial partner portal
  22. G4I consults the applicant on how to attend their biometrics appointment
  23. UKVI will email G4I an array of emails which G4I emails to the applicant and employer
  24. UKVI should update G4I when a visa decision is made.
  25. Leave to Enter – if visa is approved, applicant receives 30 day visa sticker to enter the UK with visa approval letter and once in the UK collects their biometric card,
  26. Leave to Remain – if visa is approved, applicant receives new BRP card and visa approval letter.
  27. If visa refused, G4I will update the relevant parties on their options.

18. SL SUPPORT SERVICES
18.a Support clarification
G4I fee is based upon the number of payroll workers the Client has and charity workers that are engaged. When calculating the cost, the Client needs to: 
  1. Consider all payroll per business entities under their group.
  2. If the Client has several entities under one SL, it is possible each entity has its own payroll set up with HMRC. The Client is required to count all employees on their payroll and volunteers and tick the appropriate box below.
  3. If the Client engages charity workers, this must be added to the total.
When the Client signs up to this agreement, they will be required to confirm the appropriate package unless G4I has already confirmed this. Below are the levels the SLA is agreed upon.

Payroll and charity workers total:
1-50, 51-100, 101-250, 251-500, 501-1000, 1001-2000 and 2001+

18.b What support will the Client receive under their package?
G4I needs to be assigned to the Client SMS as the following:
  1. Level 1 User
  2. Key Contact (optional)
G4I can provide the following SMS support services:
  • Draft and Assign CoSs to approved Tier workers
  • Cancel any assigned CoSs
  • Add Tier worker notes to assigned CoSs
  • Update the Clients SMS when changes are required
  • Prior to engagement of Tier worker, check their right to work status
  • Request annual CoS new allocation
  • Request ad-hoc CoS allocation
  • Request priority CoS
  • RCoS is part of the Tier 2 General application fee
  • Update UKVI on Level 1 Users, Level 2 Users, Key Contact, Authorising Officer, Business change of address, new branches acquired or needs adding to their SMS, Client change of business ownership etc.
18.c Non-SMS support services
G4I can also provide the following non-SMS support services:
  • Provide template maintenance support letter
  • Provide template sponsorship letters
  • Verify if employment contracts comply to Tier workers
  • Verify if job descriptions comply to Tier SOC code
  • Verify if Mission statements complies (Tier Religious workers only)
  • Verify job posting adverts are compliant
18.d Changes made in SMS
G4I will only accept instructions from approved people of the Client when their SMS needs changes. The Client is required to email G4I what changes are required to their SMS. 
Once G4I has received instructions, they will do one of two things:
  1. Request further clarification on changes requested or
  2. Proceed and update the Client SMS.
G4I will then email a screen shot of the page in the SMS confirming request actioned. If UKVI requests a signature to their PDF and supportive evidence, G4I will guide the Client what to do.

The Client files this as evidence as updates made to their SMS. If UKVI compliance officers carries out an audit and they accuse the Client of failing to do X or Y, this evidence can be used to prove actions were taken.

18.e Additional support services 
G4I can also provide the following support services which are not included and charged extra:
  • Points-based System training
  • SL training specific training
  • Client site visit auditing
  • How to process a compliant recruitment cycle
  • How to assign a new entity to the Client existing SL. A new entity is governed by payroll and if additional staff takes the Client into a new package, the Client will be invoiced the variance.
18.f Visa services
G4I can process any visa type for non-EU nationals requiring a visa to enter or remain in the UK. G4I can also process the family members applications if they need to enter or remain in the UK. The Client will be confronted by these types of non-EU nationals:
  1. Single application
  2. Single application and family members joining the non-EU national later on.
  3. Family group applications – applying at the same time.
  4. Tier priority or super priority applications for non-EU nationals.
Visa Processing Times - Leave to Enter Visa Applications
G4I can process the non-EU national visa application either as a:
  • standard online application (allow 3 weeks* processing time) or
  • priority application (allow 5 working days processing time) or
  • super priority application (allow 1 working day processing time).
*90% of applications processed with this time and processing times start once the applicant has attended their biometrics appointment.

Visa Processing Times - Leave to Remain (Tier 2) Visa Applications
G4I can process the non-EU national visa application either as a:
  • standard online application (allow 8 weeks* processing time) or
  • priority application (allow 5 working days processing time) or
  • super priority application (allow 1 working day processing time).
*90% of applications processed with this time and processing times start once the applicant has attended their biometrics appointment.

Visa Processing Times - Leave to Remain (Settlement) Visa Applications
G4I can process the non-EU national visa application either as a:
  • standard online application (allow 6 months* processing time) or
  • priority** application (allow 5 working days processing time) or
  • super priority application (allow 1 working day processing time).
*90% of applications processed with this time and processing times start once the applicant has attended their biometrics appointment.
**UKVI website states new service available from January 2020 but when you come to process the visa payment, service not available. Complaint has been raised to UKVI.

G4I charging policy is to charge a set fee per service. G4I does not charge by the hour, by the letter or by the time spent on the telephone. All charges are related to processing a type of service. Once G4I quotes a cost that is the cost charged, not a penny more unless additional services are requested or, were not agreed upon when the non-EU national signed G4I business terms and conditions.

All non-EU nationals and Clients will receive our 4-level support and set fee invoice. Note: Invoices to non-EU workers applications can be addressed to the Client upon their request. If the Client wishes to pay for G4I services and pay for any UKVI visa fees, the Client must notify G4I of this in writing.

Payments to G4I is done via BACs or cheque and for UKVI fees, the Client or non-EU national will need to pay these fees by using a payment card.

19. CHARGEABLE IMMIGRATION SUPPORT SERVICES
If the Client requires additional services to help their business stay compliant, on the next page are screen shots from the business rate card page which you can learn more by clicking here to see if you require any of these added value services.

Added Value Services:
G4I also provides services in contracting & workforce compliance and employment law.

19.1 Client visits
If G4I visits the Client premises for any service, if the site visit exceeds 8 hours which includes travel time to and from the Clients premises, the rate will increase by £250 per 4 hours. Standard day rate visit costs £500. Travel time is calculated via Google Map. If the travel and Client site visit is likely to be between 12-16 hours, then the cost will be £1000 plus any travel costs. If the Client requires G4I to stay any nights to finish off any work the following day, the Client will have to pay for any accommodation costs, evening meal and breakfast costs plus a second day rate whether half day at £250 or full day at £500. 

20. VISA & PURCHASE ORDER PROCESS
If the Client agrees to pay for any non-EU national costs to enter or remain in the UK, the process should go like this:
  • Client contacts G4I and agrees to sponsor Worker X and confirms who pays the following fees:
    • Visa fee
    • IHS fee
    • Priority or Super Priority fee if applicable
    • G4I costs
  • Costs associated to A) to C), the relevant party who pays these costs must have a payment card with funds available.
  • Costs associated to D), the relevant party who pays this cost will be invoiced by G4I.

21. SUMMARY OF CONTRACTUAL TERMS
By signing this agreement:
  1. The Client fully understands that G4I cannot be accountable or responsible for being the Authorising Officer.
  2. the Client fully understands that G4I cannot be accountable or responsible for actions taken by the Client or any of their staff.
  3. The Client fully understands their rights and takes full responsibility to inform G4I of any changes to their Client business or workers details if G4I is required to update their SMS.
  4. The Client is responsible for hiring and firing of their staff and at no time can G4I influence or get involved with employment contracts or disputes.
  5. The Client is contracting G4I to provide support services for their SMS and helping to prevent illegal employment and when required process visa applications.
  6. The Client will at all times comply to UKVI guidelines on the 5 key areas of good HR practices and discourages any type of illegal activities.
  7. G4I will not discriminate against any person and endeavours at all times to provide impartial advice in accordance to the OISC, UKVI, Employment Law and Equality Act 2010 guidelines.
  8. This SLA is valid on date it is signed and when the current SL expires unless G4I states otherwise. 
  9. 9. If the Client agrees to extend their SL, the SLA will need renewing which will be for 4 years and G4I will invoice the Client based on their staff and charity workers/volunteers engaged.
  10. If the Clients’ SL is ‘revoked’ by UKVI, this SLA will be terminated on the date the SL is revoked. The Client will not be entitled to any refund. If the Client can get their SL reinstated, then this SLA agreement will be activated again only if they win their challenge or appeal. If UKVI insists the Client to apply for a new SL, a new SLA and fee will need to be paid. In most cases a Client cannot reapply for a SL until 12 months has elapsed from the date the previous SL was revoked.
  11. If the Clients’ decides to withdraw their SL, this SLA will be terminated. The Client will not be entitled to any refund. If the Client decides to apply for another SL, the Client must sign a new SLA and pay the G4I fee again base on payroll staff and charity workers.
  12. If the Client adds additional entities to their SL and the staff count falls within the SLA level, the Client does not have to pay G4I additional SLA fee. If the staff count goes over the SLA level, G4I will invoice the Client the variance and update this SLA.
  13. If the Client downsizes their business and their staff count falls to a lower level SLA fee, no refund will be permitted. When the Client renews their SLA with G4I, the new SLA fee will comply then.
  14. The Client accepts that no refund is possible once the agreement has been signed regardless if they paid the invoice or not.
22. RATE CARD
The below rate card is calculated based on total staff on your payroll and charity workers/volunteers you engage.
Payroll and Charity workers/volunteers engaged totals G4I Set SLA Fee
1-50 £750.00
51-100 £1000.00
101-250 £1250.00
251-500 £1500.00
501-1000 £2500.00
1001-2000 £3000.00
2001+ £TBC
Note: The above fee table is based upon total people employed and engaged the Client and when the Client SL expires unless G4I agrees otherwise in writing.
23. SLA AUTHORISATION
By completing this form, the Client is agreeing to the comply to the SLA and will commence from the date the agreement is signed until UKVI states within the Client SMS expiry date. If this SLA is replacing an existing SLA and the Client requires G4I to renew their SL, G4I will login to the Client SMS and renew the SL and ask the Client to pay UKVI fee.

All questions with this^are mandatory fields and we require the information.

Contact Us

Tier 2 - General
Tier 2 - Intra-company Transfer
Tier 2 - Minister of Religion (Religious Workers)
Tier 2 - Sportsperson
Tier 5 - Charity Worker (Volunteer Workers)
Tier 5 - Creative and Sporting
Tier 5 - Temporary Worker - Government Authorised Exchange
Tier 5 - International Agreement
Tier 5 - Religious Worker

* These employed workers are not under tier 2 or tier 5 but could be under other visa types such as Indefinite, Right of Abode, Tier 4 Students, Tier 1, PBS Dependant, Spouse/partner visa and visas outside immigration control such as asylum and discretionary leave.

1-50
51-100
101-250
251-500
501-1000
1001-2000
2001+

To help us to understand who does what in your organisation, please provide the following information and from this we can guide you further:

Entering your name above acts as your legal binding signature to this SLA.

I am authorised to tick this box, sign and approve this Service Level Agreement


Sponsor Key Links
Access an existing sponsor licence View applicant's right to work details Sponsorship: guidance for employers and educators Tier 2 or 5 worker guidance for employers Tier 2 policy guidance for workers Tier 5 policy guidance for workers Tier 4 policy guidance for students Appendix B: immigration offences Appendix C: civil penalties and sponsorship Appendix D: sponsor licence keeping documents
New Points-Based System?
New Visa System Explained
G4I Support Services
Visa Client References
Contact Us
You have an issue or need a question answered?

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Download copy of this Service Level Agreement
Thank you (Client) for choosing Global 4 Immigration to help your organisation comply to holding a UK Visa & Immigration Sponsor Licence.

Document Abbreviations:
  • BRP means Biometric Residence Permit
  • CoSmeans Certificate of Sponsorship (Issued to Tier 2 and Tier 5 workers)
  • G4I means Global 4 Immigration
  • IHSmeans Immigration Health Surcharge
  • PBSmeans Points-Based System
  • RLMT means Resident Labour Market Test
  • RCoSmeans Restricted Certificate of Sponsorship (Issued to Tier 2 General only)
  • SL means Sponsor Licence
  • SLAmeans Service Level Agreement (this document)
  • SMSmeans Sponsorship Management System
  • SOC means Standard Occupational Classification
  • UCoSmeans Unrestricted Certificate of Sponsorship (Issued to Tier 2 General only)
  • UKVImeans UK Visas & Immigration (The Home Office).
Below index outlines the information provided in this SLA. Each section provides important information to help the Client maintain a compliant SL and sets out this agreement.

SLA Index
  1. About G4I
  2. Client introduction
  3. Preventing illegal employment
  4. SL compliance audits
  5. Resident Labour Market Test (RLMT)
  6. SL compliance
  7. Compliance audit on the Client’s premises
    1. What do G4I or the UKVI look for when a SL audit is carried out?
    2. The 5 key areas that the Client must be compliant with
    3. Keeping the right staff records
    4. What documents must the Client keep
      1. Types of data the Client should keep 
  8. SL training
  9. HR & SL compliance
    1. HR & SL setup
    2. Head office & branches
      1. Clients that own multiple entities that are trading under different HMRC unique payrolls
    3. Having the right people assigned to the Client SL
    4. Role of the Authorising Officer
    5. Role of the Key Contact
    6. Role of the Level 1 Users
    7. Role of the Level 2 Users
    8. Role of a representative
    9. Who cannot be assigned a CoS?
  10. SL Clarification
  11. CoS clarification
    1. CoS introduction
    2. What are UCoSs
    3. What are RCoSs
    4. What are standard CoSs
    5. What are priority CoSs
    6. Certifying Maintenance
  12. Right to work evidence for overseas nationals
  13. BRP clarification
  14. What does UKVI look for when they carry out a SL audit?
    1. Tier 2 & 5 workers
    2. Contracting Out Tier 2 & 5 Workers
    3. Sponsor Duties
  15. Outsourcing
  16. Responsibilities
  17. Visa process guide
  18. SL support services
    1. Support clarification
    2. What support will the Client receive under their package?
    3. Non-SMS support services
    4. Changes made in SMS
    5. Additional support services
    6. Visa services
  19. Chargeable immigration support services
  20. Visa & purchase order process
  21. Summary of contractual terms
  22. Rate card
  23. SLA Authorisation

1. ABOUT G4I
Why entrust G4I to represent your business?
G4I has been supporting UK organisations for over 15 years. In 2008 the Home Office introduced the new PBS which meant UK organisations had to use a new SMS. G4I was one of the approved Home Office support law firms that was listed on their website as having a good understanding of the PBS and SL. Learn more >>.

G4I offers specialist immigration services for organisations that sponsor non-EU nationals. To help the Client understand some of G4I core services, select any of the below to learn more.

List of Services

2. CLIENT INTRODUCTION
Over 30000 UK organisation currently hold a sponsor licence and they employ workers under Tier 2 & Tier 5 of the PBS. These Clients must adhere to the 5 Key Areas of good HR practices as stipulated by UKVI. Click here to learn more.

It is the Client responsibility to understand their responsibilities when holding a SL and this agreement will help them understand where G4I can support their organisation. 

The Home Office plans to introduce a new PBS from the 1 January 2021 and our managing director will be attending the event on 1st April where the Home Office will present the new scheme. We will update you on the potential changes.

3. PREVENTING ILLEGAL EMPLOYMENT
G4I support services will help the Client from preventing illegal employment. It can be very confusing to know whether the Client can hire a person in the UK based on the individual visa status and whether their ‘Leave to Enter’ or ‘Leave to Remain’ has been done correctly.

Below is a breakdown of the types of people that the Client could employ:
  • UK settled workers (this includes people holding Indefinite & Permanent Residency status)
  • EU national’s clarification wanting to work in the UK can include:
    • Direct EU, EU or Swiss citizen.
    • Direct family member of an EU, EEA or Swiss citizen holding a passport from outside the EU*.
    • Extended family member of an EU, EEA or Swiss citizen**.
    • Family member of a British citizen who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship.
*A direct family member is either a husband or wife, a civil partner, child under the age of 21 who are dependent on you or your spouse or civil partner.
**An extended family member rules changed on the 1 February 2017 under regulation 8, meaning, you must have proof you are related to the EU, EEA or Swiss citizen.
  • Non-EU nationals with permission to live and work in the UK who fall outside of the immigration rules.
  • Non-EU nationals with permission to live and work in the UK and within the immigration rules with permission to switch visa routes into Tier 2 or Tier 5 without having to leave the UK.
  • Non-EU nationals with permission to live and work in the UK and within the immigration rules with no permission to switch visa routes into Tier 2 or Tier 5 but can leave the UK and apply to enter the UK under a new entry visa category such as Tier 2 or Tier 5.
  • Non-EU nationals not in the UK wanting permission to enter the UK to work under Tier 2 or Tier 5.
Unless the Client fully understand the above, they could be fined £20,000 per illegal worker and be named and shamed on the Home Office website if found to be illegally employing someone. Learn more.

*When the UK leaves the EU on the 31 December 2020, all EU nationals from the 1st January 2021 not already in the UK will fall under the same immigration rules as non-EU nationals. G4I will update this agreement when the UK leaves the EU.

When the Client wants to employ an overseas national, G4I can assess all right to work status prior to any employment offer letter being agreed upon. Under this SLA, G4I offers a free verification service to help the Client from accidentally committing or hiring a person in error which could prevent a civil penalty and prison sentence of up to 5 years. Learn more.

4. SL COMPLIANCE AUDITS
Every Client must adhere to compliance when they operate as a profit or not for-profit organisation. If the Client does not comply with UK laws, regulating bodies such as UKVI and HMRC, can turn up unannounced to the Client premises and investigate how they operate. If the organisation falls under other regulating bodies, they can also do their own investigation.

G4I provides specialist services in the areas of employment and immigration compliance which means they can help the Client to be compliant in these areas. As the Client holds a SL to employ non-EU nationals that need permission from the UKVI to enter or remain in the UK, UKVI would expect the Client to fully comply with the 5 Key Areas of good HR practices. Failure to comply to these 5 key areas, the penalties are either - SL downgraded to B-Rated status (penalty imposed and revisit fee to pay UKVI) or, Suspended SL which is likely to lead to the Client SL being Revoked and potential issuance of a civil penalty.

Note: If a SL is ‘revoked’, the Client cannot apply for a new SL for 12 months. Any Tier 2 or Tier 5 workers employed; their employment would immediately cease.

If the UKVI compliance officer turned up unannounced to the Client property and carried out an audit, would the Client be 100% confident in passing the inspection?

5. RLMT
The RLMT is there to protect the UK settled workforce and only allow non-EU nationals the opportunity to apply for UK job vacancies if a UK settled worker cannot be hired. UK settled workforce refers to UK and EU nationals living in the UK whilst the UK is still in the EU. If a EU national agrees to relocate to the UK, they should be offered the job over a non-EU national. If the Client advertises a post at RQF Level 6 (different rules apply in Scotland) or the job is exempt at being at RQF level 6 or, if the job is not exempt from the RLMT, the Client would need to have in place a recruitment process that if investigated demonstrated clear and concise policies on hiring people were dome. G4I has designed their own recruitment cycle that will help protect our Client. Note: The Home Office are proposing to scrap the RLMT as from 1st January 2021.

6. SL COMPLIANCE
It is paramount the Client maintains a valid business premises and valid HR system at all times. When hiring workers, the Client must keep paper or electronic trail of each recruitment practice and log and track daily the worker’s activity when engaged. As part of holding a SL the Client must be fully up to date with the 5 key areas and have good knowledge of what is going on within their SMS.

UKVI compliance officers have the right to turn up unannounced or by appointment to conduct an audit on the Client SL and HR processes. The compliance officers do not say much on the audit day, they collect intel, interview the Client and their Tier workers, they simply are looking for issues of concern and non-compliance. The compliance officer may request evidence from the Client and then write to the Client to confirm if they are partially or fully compliant. The UKVI will list in their letter all things they are claiming the Client is non-compliant with. From speaking to UK organisation whom the UKVI compliance audits have audited, the audits could be completed in just a few hours or in some more extreme cases 12 hours later. It all depends on how compliant the organisation is and if their HR and filing system is in order.

UKVI audit letter where issues been found will either state:
  • Downgrade SL to a B-rating
  • Suspending SL
B-Rated means the organisation will be charged with minor offences and given time to correct these issues. In most cases the organisation will have to login to their SMS and pay the fee to request a new audit visit which currently costs £1476.00. The organisation must pay this fee and when the UKVI compliance officer comes to visit again, they will expect the organisation to demonstrate that those issues are now fixed, and no new issues are found. If the organisation fails the second audit or obtain a second B-Rating, the Client SL is likely to be revoked.

Suspended is for more serious offences. The Client has 20 days from the suspended letter to respond to all non-compliance in the letter and provide evidence to explain why the UKVI compliance officer was wrong to make such claims. UKVI will decide to reinstate A-Rated or revoke the SL. If the SL is revoked, any employed Tier 2 or 5 workers must cease employment immediately.

7. COMPLIANCE AUDIT ON THE CLIENTS PREMISES
7.a What do G4I or UKVI look for when a SL audit is carried out?
  • Does the Client meet all of the criteria or are fully compliant?
  • Does the Client only meet some of the criteria or are partially compliant?
  • Does the Client meet any of the criteria or are non-compliant?
7.b The 5 key areas that the Client must be compliant with are:
Area 1: Monitoring immigration status and preventing illegal employment
Area 2: Maintaining worker contact details
Area 3: Recordkeeping
Area 4: Worker tracking and monitoring
Area 5: General Sponsor duties

7.c Keeping the right staff records
As an employer, the Client must keep certain records in relation to their work force. There are also other records the Client should keep as a matter of good practice.
Note: The Client must ensure that they collect, store and process these records securely.

The UKVI compliance officers would expect to see staff records in order, up to date including timesheets where Tier staff are currently working.

On the 25 May 2018, GDPR new laws were imposed regarding ‘personal data’ held on EU nationals. This means all nationals of the EU including the UK regardless if the UK leaves the EU or not, the Client processes must be fully compliant or, they could receive an 10m or 20m EURO penalty. Learn more.

Workers are entitled to receive a copy of information held about themselves and can seek compensation for damage or distress suffered as a result of a breach of the Data Protection Act. The Information Commissioner's Office also has the power to issue monetary penalties to organisations for serious breaches of the Act. This means that the Client should take care when recording information about their staff.

7.d What documents must the Client keep?
The Client must keep certain documents for every sponsored worker. If UKVI requests this evidence the Client must be able to provide the information ‘there and then’.

7.d.i Types of data and documents the Client should keep:
  • The worker's contact details (address, mobile telephone number and if applicable telephone number), must be kept up to date; and
  • A photocopy or electronic copy of the worker's passport or UK immigration status right to work document (usually a BRP card), see clause 13 for further details that shows their entitlement to work and the length of their permission to remain in the UK.
  • The Client should keep records and copies of contract of employment, employment condition changes, all pay slips, pay rises and pay decreases, employment hours, contact details and job descriptions and job promotions. Certain information must be reported in the SMS to the Tier worker CoS. If the Client carried out a RLMT to employ a worker then keep a copy of the job advertisements, the URL link and the links to the jobs-boards that they used plus, records of who applied to the job, reasons for rejections, interview notes and who as shortlisted.
  • If the Client placed a Tier worker to a third-party site, they would need to ensure the work being carried falls under the SOC code that was assigned to that worker and employment conditions followed. The Tier worker must be under the Client control at all times and any third-party involvement is not permitted to subcontract the Client Tier worker out to another third party or, take control of that Tier worker or dictate the work agreed upon. If the Tier worker is required to live at a different location because of the work transfer; the worker must complete and send to the UKVI a change of circumstances form to inform of their change in circumstances. Note: If the third-party requires their Tier workers to work in a different location to the contract agreement then this is likely to be a breach. Contact G4I for guidance prior to any assignment. The Client must also record a change of circumstances if the Tier worker role or details changes within their SMS.
To be fully compliant, the Client should record all this information into a suitable HR system, ideally an electronic database where alarms can be set to prevent illegal employment or other employment or SL breaches.

8. SL TRAINING
What if the Client needs training to be compliant to holding a SL?
To hold a SL and avoid it being ‘Revoked’ by UKVI, the Client must ensure that all staff involved in the process of employment relating to sponsored workers, must be fully compliant and ‘in the know’ when it comes to the immigration rules and whether the Client recruitment policy is actually compliant.

Depending on the Client HR systems, their size, location(s) and departments and HR processes that should include policies on employment staff, will determine how easy it be to verify if training should be carried out as staff can only follow policy of the organisation.

G4I role under this SLA is to provide support but the Client has to take ownership of how they recruit and terminate their staff. If the Client feels their HR is not 100% compliant, before signing this agreement, verify first with G4I how this can be addressed. 

Below is an overview of training specifically to holding a SL:
G4I can provide two types of training:
  • Online either one-to-one or in a group.
  • Face-to-face either one-to-one or in a group.
9. HR COMPLIANCE
9.a HR & SL structure
G4I recommends that the Client carries out once a year an audit to verify if their HR processes are still compliant to ensure their SMS is up to date and that all employed staff are permitted to be employed. 

9.b Head Office & Branches
The Home Office accepts organisations structure in most formats from a single property, group of properties and different trading entities if they are linked. 

G4I can support the Client if they are a:
  1. Single property
  2. Head office and branches
Depending on the Client business structure will determine how much work is required to make sure the Client is fully compliant to holding a sponsor licence.

If the Client has one property where they engage staff then this is more straightforward but if the Client has multiple UK properties (trading as or unique trading entities such as limited or sole trading, or franchise) within their group or, they sponsor workers that work on third-party sites, G4I would recommend the Client have this investigated to ensure their structure and compliance policies complies to their SL duties otherwise this could be one of many areas a SL can be B-Rated or Revoked.

9.b.i Clients that own multiple entities that are trading under HMRC unique payrolls
If the Client owns multiple entities or purchases new businesses whilst they hold a SL, they can add these entities to their SL as ‘Branches’. This will allow the Client to allow any Tier worker throughout their group to be transferred without needing to register a new RLMT, Cos or visa application. UKVI must first approve any new branches before any tier staff can be internally transferred.

See clause 14 on how UKVI carries out their audits for non-compliance.

9.c Having the right people assigned to the Client SL
The Client is required to assign certain people to their SMS. Below are the titles that must be assigned and the names added must be still employed:
  • Authorising Officer
  • Key Contact*
  • Level 1 Users*
  • Level 2 Users**
*G4I can be assigned as a Key Contact and Level 1 User.
**Only required in certain organisations to restrict access to lesser qualified staff accessing the Client SMS. Note: At least one person assigned as a Level 1 User must be an employee of the organisation. 

9.d Role of the Authorising Officer
The Authorising Officer does not have automatic access to the Client SMS. If the Authorising Officer needs access, they must be set up as a Level 1 or Level 2 User. This will mean they will have two roles, Authorising Officer and Level 1 or 2 User.

An Authorising Officer must be an employee of the company. The Authorising Officer is accountable for ensuring the assigned Key Contact and Level 1 and Level 2 Users are competent to manage workers employed and the use of the SMS and dealing with UKVI.

If the Authorising Officer leaves the Client employment or, they prefer to appoint someone else, the Client SMS must be updated immediately and sign-off a form that is sent to UKVI to be approved. As part of the SLA, G4I can update the SMS.

9.e Role of the Key Contact
The Key Contact does not have automatic access to the SMS. This role allows the UKVI to contact this person if they need to visit the Client’s premises or need certain clarification. UKVI can still contact the Authorising Officer and Level 1 Users. The Client should only assign a person qualified to speak to the UKVI if they call otherwise, they could accidently say the wrong thing that could lead to an audit or investigation.

9.f Role of the Level 1 User
A Client must have at least one Level 1 User assigned to their SMS. If not, UKVI could revoke the Client SL for non-compliance. The Client is authorised to add G4I as a Level 1 User. See clause 9.h for further details.

A level 1 user can:
  • add Level 1 and 2 Users and remove them;
  • assign CoSs to workers;
  • ask for the Client CoS annual allocation to be increased;
  • update the UKVI via the Client SMS of their workers work changes;
  • use the 'change of circumstances' section to ask the UKVI to record SL compliance changes in their or worker’s circumstances;
  • report worker activity to the UKVI (such as telling the UKVI if a worker goes missing, does not attend their job or employment ends early);
  • withdraw the workers CoS;
  • manage the Client work addresses; and
  • amend User details.
A Level 1 User can search for a CoS, view all assigned CoSs, see the ones that were used, expired, withdrawn and started but unassigned. When a new Level 1 User is added to the Client SMS, the request is sent to the UKVI. If the UKVI approves the request, the UKVI will send confirmation to the Authorising Officer and Level 1 User. Each Level 1 User will have their own User ID. When adding a new Level 1 User, their password will be sent directly to them and User ID to the Authorising Officer. If the Client wishes to remove a Level 1 User, they can deactivate one or more in the system by one of their approved Level 1 Users. If the Client only have one Level 1 User, they cannot deactivate that User until a new Level User has been added.

A Level 1 User must never disclose their password to anyone else. If they do, the UKVI may downgrade the Client’s SL from an A-Rating to a B-Rating, or withdraw their SL altogether.

9.g Role of Level 2 Users
A Level 2 user can:
  • assign CoSs to workers; and
  • report worker activity (for example, if they leave their job or do not arrive for work).
  • A Level 2 User can only search for CoSs that they have entered.
  • A Level 2 User can be a temporary member of staff supplied by an agency.
When the Client adds a new Level 2 User, they will be able to find the new user ID in the system immediately, which the Client should pass on. The password will be sent directly to the user by email.
A Level 2 User must never disclose their password to anyone else. If they do, the UKVI may downgrade the Client’s SL from an A-Rating to a B-Rating, or withdraw their SL altogether.

9.h Role of a Representative
A Representative cannot act as the Client Authorising Officer but can have access to their SMS. Before access can be granted, the Client must login to their SMS and request to add a Representative. UKVI should approve the representative if regulated. The Client can then apply within their SMS by requesting to add the Representative as either a Level 1 or 2 User.

Before the Client can add G4I as a Level 1 User, they first register G4I as a Representative, once approved, G4I lawyer can be added as a Level 1 User which the Client must do.
Note: A Representative can also be the Client appointed Key Contact.

9.i Who cannot be assigned a CoS?
The Client is not permitted to assign a CoS to the following types of people:
  • Spouse or civil partner
  • Unmarried or same-sex partner
  • Parent or step-parent
  • Son or step-son
  • Daughter or step-daughter
  • Brother, step-brother or half-brother
  • Sister, step-sister or half-sister
  • Nephew, niece, cousin
  • Father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law.
Assigning a CoS to one of the above would fall under ‘Close Relative or Partner’ and a breach of the Client SL. If the Client did this, it is very likely their SL would be ‘Revoked’.

10. SL CLARIFICATION
If the UKVI suspects the Client has favored a non-EU national sponsored under a Tier over a UK or EU worker, the UKVI could take action against the Client by suspending their A-Rating by down-grading it to a B-Rating or Revoking it. If the Client SL is B-Rated, they are generally given up to 3 months (this can vary) to get compliant or lose their SL altogether. The Client will also have to pay UKVI to revisit the Client premises to carry out the second audit. If the Client fails the second audit then their SL is likely to be Revoked.

During the Client B-rated status, the Client cannot assign any further CoSs. If any worker BRP assigned to their CoS expires during the B-Rated period, the worker cannot work for the Client until they get back their A-Rated status.

If the Client SL gets revoked, all tier workers employment must cease immediately upon receipt of the revoked SL letter. After the SL is revoked, each tier worker would receive a curtailment letter explaining their visa has been curtailed. The curtailment letter will state, you have 60 days from the letter date to leave the UK or find a new sponsor or switch into another visa category.

11. CoS CLARIFICATION
11.a CoS introduction
A CoS is not a paper certificate or a document, but a virtual document, like a database record. When the Client has followed all of the rules set out in the UKVI for Tier 2 and Tier 5 sponsor guidance, the Client is ready to sponsor a worker under Tier 2 or Tier 5. The Client must assign a CoS to the non-EU national using their SMS account. This involves working through a short online form where the Client gives UKVI information about the Tier worker they want to sponsor and the work they will do. All of the information the Client enters will be stored and can be viewed by UKVI. A CoS can only be assigned by a person who has access to the SMS as a Level 1 or Level 2 user.

When the Client assigns a CoS, a reference number is generated, the Client must give this number to the non-EU national they wish to sponsor. The non-EU national must include the CoS reference number in their visa application plus other details assigned in the CoS. G4I recommends providing a copy of the whole CoS to the worker as they will need to enter other information to their visa application form. When assigning a CoS details to a non-EU national, the Client must treat this as confidential information and comply to the GDPR compliance on ‘personal data’ regulations. 

11.b What is a UCoS?
A UCoS can only be assigned to Tier 2 (General) where the non-EU national is in the UK on a valid visa and is permitted to ‘Switch’ visa routes, ‘Change’ UK employers if already under Tier 2 or extend existing Tier 2 CoS. If the Non-EU national must leave the UK to enter, he/she cannot be assigned a UCoS, the Client will need to apply for a RCoS.

UCoSs are issued via the Client SMS based on the tax year (6 April to 5 April). This is known as the Client CoS annual allocation. If the organisation falls under charity, their allocation may fall under a different date period. If the Client requires more CoSs during the tax year, they can request more but they must demonstrate first why they need additional CoSs.

11.c What is a RCoS?
A RCoS can only be assigned to Tier 2 (General) where the non-EU national needs this visa to enter the UK.
The RCoS is processed under 3 stages:
  1. The Client needs to login to their SMS and request the number required on or before the 5th of the month. UKVI will expect the Client to provide key information in the RCoS such as SOC code, salary, employment hours, job description and where job advertised.
  2. Between the 6th to the 10th UKVI are likely to request an array of documents and data regarding the RCoS request. Failure to supply this data the RCoS will be refused or if the Client provides the wrong data, the RCoS will be refused and could trigger a site audit.
  3. 3. By the 12th of that month the UKVI panel will either approve or reject the request(s) as long as process 2 is completed in time. If the UKVI approves the RCoS then the Client can assign the worker details to it. If the RCoS is rejected, the Client can request the RCoS to be considered the following month.
The Home Office plans to scrap the RCoS when the new immigration rules are introduced on the 1st January 2021.

11.d What are Standard CoSs?
Standard CoSs are issued to Tier 2 Intra-company Transfer, Tier 2 Minister of Religion, Tier 2 Sportsperson and all Tier 5 excluding some countries listed under the Youth Mobility Scheme. If Tier 2 General is still a valid visa route from 1st January 2021, we believe Tier 2 General will fall under Standard CoS.

11.e What are Priority CoSs
If the Client uses up their annual CoS allocation and need an urgent UCoS or Standard CoS to assign to a non-EU national, the Client can login to their SMS, request additional CoSs. The Client must then email UKVI explaining why they need the CoS urgently. If the Client just ask for a CoS because they need a spare one, the request will be refused. Unless the Client is extending a Tier worker, the job must comply to the RLMT guidelines and be a genuine vacancy. The cost to process an urgent CoS is currently £200 and the UKVI aim to give the Client a decision within 5 working days.

11.6 Certifying Maintenance
When a Client issues a CoS, they can tick a box in the CoS to certify the Tier worker maintenance. This will help the Tier worker and any family member meet the financial requirements for entry or renewal visa. If the Client does not want to certify maintenance, the Tier worker and any family members must demonstrate they have the funds in their account for 90 consecutive days prior to their visa application. At present Tier worker needs £945 and each family member needs £630. If G4I is required to process the visa, G4I will confirm if the Tier worker and family members meets the financial threshold and if not, the Client can then certify maintenance within the CoS.

12. RIGHT TO WORK EVIDENCE FOR OVERSEAS NATIONALS
When hiring any non-EU national, the Client is required to keep on file their immigration documents that shows the worker right to work status in the UK regardless if the worker is on a tier visa or not. If the non-EU national needs permission to be in the UK, the Client should ask for the following evidence:
  • Entry visa sticker issued to non-EU nationals entering the UK (30 days temporary visa)
    • BRP card collected once in the UK (replaces entry visa sticker)
  • BRP cards issued when renewing UK visas in the UK
  • EU nationals holding a Registration Certificate or Document Certifying Permanent Residence issued by the Home Office to a national of a European Economic Area country or Switzerland*.
    • Non-EU national family members entering the UK (temporary 6 months visa sticker)
  • A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
  • A certificate of registration or naturalisation as a British citizen, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
*When the UK departs the EU on the 31 December 2020, any EU national in the UK must register with the Home Office as Pre-Settled or Settled by the 30 June 2021. Learn more about the new scheme.

13. BRP CLARIFICATION
A BRP (formerly known as an Identity Card for Foreign Nationals) is a document containing details of the non-EU national immigration status, photograph and their fingerprints. This document is only issued within the UK and has replaced visa stamps that use to be issued within the UK.

When a person enters the UK under a visa route that exceeds 6 months, they are issued a 30 day temporary visa sticker and once the non-EU national arrives to the UK, they are required to collect their BRP card from their assigned collection point.

When carrying out a right to work check, below is what a BRP card looks like:
14. WHAT DOES UKVI LOOK FOR WHEN THEY CARRY OUT A SL AUDIT?
If the Client is audited by UKVI, the UKVI compliance officer are likely to investigate the five key areas and listed below are some of the questions the UKVI compliance officer will be thinking and likely to ask the Client during the audit:

14.a Tier 2 & 5 workers
  • How the Client recruited the worker that falls under their SL. This is likely to include how the RLMT was carried out, applications shortlisted process, interview notes and verified each applicant skill sets.
  • Did the Client exclude a UK settled worker application when hiring a Tier worker?
  • Is the job position genuine or manufactured?
  • Assigned the CoS in accordance to the RQF level required?
  • Assign the right SOC code to the relevant job description?
  • Does the salary, commissions, bonuses reflect what is stated on the CoS and RLMT and employment contract?
  • Are the Clients Tier workers doing the job as specified in their CoS/Job description and if applicable what the job was advertised at?
  • Tier workers working at the location as stipulated in the Tier worker CoS?
  • Tier worker pay greatly increased after employment commenced?
  • Did the job start as per the start date on the CoS, if not what is the reason? 
  • Did the Client track expiry dates when a CoS and BRP expires?
  • Does the Client keep a daily record of the worker attendance?
  • If the worker works off-site, can the Client demonstrate the work was carried out?
  • The Client log paid and unpaid leave?
  • Did the Client record and comply with the paid and unpaid holiday/leave employment guidelines?
  • If the Tier worker job changed, does the work changes fall within the same SOC code?
  • Any Tier 2 workers engaged under entrant salary, are the salaries amended too 'experienced' after 3 years when the Client assigns a new CoS?
  • Does the Client know when any non-EU national visa and other right to work data will expire?
  • If a worker failed to turn up to work, does the Client know what to do and when to update their SMS.
  • Does the Client know how to update UKVI on their business and Tier workers?
  • If the Client transferred a worker to another site or job type, does the Client know the process?
  • Does the Client know the difference between an Unrestricted and Restricted CoS?
  • Does the Client know what visa workers can be engaged without SL permission?
  • Can the Client employ a worker from another sponsor?
  • Can the Client engage volunteers that need permission to be in the UK and do the Client know the hours they can volunteer?
14.b Contracting Out Tier 2 & 5 Workers
Contracting out means the Tier worker is not stationed/working at the Client Head Office or branch. The Tier worker has been assigned to a third-party premise to do work.
  • Did the Client get a B2B contract signed with this third-party business?
  • Did the contract cover the following
  • Confirm the worker is under tier sponsorship?
  • Tier worker is under your control and supervision?
  • Tier worker cannot be disciplined by the third-party business?
  • Tier worker cannot be contracted out to another third-party business?
  • Tier worker must be paid directly by your organisation and not the third-party?
  • Work carried out falls in line with the SC code and job description stated in the assigned CoS?
  • Pay offered to do the third-party work complies to the salary in the assigned CoS?
  • Employment hours complies to the salary in the assigned CoS?
  • If the tier worker is moved to site to site, did you add a worker note to inform UKVI of address the tier worker is based at?
Note: These are just some of the terms that need to be covered. As B2B contracts can vary, the Client should contact G4I being agreeing to assign any tier worker under such a contract to avoid non-compliance.

If the UKVI compliance officer decides to investigate B2B arrangements, they could ask the following:
  • Did you confirm in the RLMT that the job was off-site under a B2B contract?
  • Did you confirm on the CoS the work is off-site?
  • Did the Client keep a daily record of worker working activities on the third-party premises?
  • Did the Client have evidence of work carried out on Client’s premises?
  • Did the Client enter in the assigned CoS work dates greater than the B2B contract?
Note: These are just some questions you may be asked.

14.c Sponsor Duties
  • Is the Client Authorising Officer, Key Contact, Level 1 and Level 2 Users details correct in their SMS?
  • Has the Client applied for their annual CoS allocation by the agreed time?
  • Are the Client and any branch details up to date within their SMS and this includes changes to properties opening, closing, change of ownership etc.?
  • The SMS is updated when changes are made to workers conditions?
  • If the Client has multiple properties assigned to their SL, are these properties workers up to date?
  • Has the Client filed all RLMT carried out where they engaged any Tier workers, this should include CVs applied, cover letters, qualifications, references, licences if applicable, who was rejected, shortlisted, interviewed, DBS checks if applicable and right to work screening when pre-engaging the non-EU national?
  • Did the Client update their SMS within 10 working days if any Tier worker circumstance changes?
  • If any employment changes after the CoS was assigned, has it been updated in the Client SMS?
  • Where Tier workers receive a considerable pay increases, has this been added to the workers CoS as a worker note within the Client SMS?
  • If the Client cancelled any CoS or worker does not turn up to do the job, are these CoSs updated/cancelled in the Client SMS?
Note: The above are just some areas the Client could be asked and investigated. The Client must provide 'there and then' the information requested by UKVI compliance officer.

15. OUTSOURCING
G4I can provide an array of services to help the Client manage their non-EU national workers and their SL compliance. G4I can provide the following:
  • Visa checking service pre-engagement.
  • Training program for the Client staff responsible for managing non-EU national workers.
  • Annual audit to help keep the Client HR and compliance in order.
  • G4I can introduce to the Client a legal law firm that provides an array of employment documents and employment legal advice.
16. RESPONSIBILITIES
Every Client should know in their organisation who is responsible for what and to ensure their SL and SMS records match the UKVI database records. If anything has changed since the sponsor licence was approved, the SMS must be updated within the agreed time.

Below is some of the important changes to keep on top of:
  1. Change to trading premises, ownership (UK or overseas parent company) includes shareholders and trading name etc.
  2. Adding new business entities to their SL if they Client plans to move tier 2 staff to these premises.
  3. Changes to Authorising Officer, Key Contact, and Level 1 and 2 Users
  4. Annual allocation of CoSs, processing CoSs, cancelling CoSs etc.
  5. Adding a worker note when changes happen to tier workers.
The Client must take full ownership to ensure ‘staff employed’ involved in their recruitment cycle and staff involved are properly trained to follow the organisation policies.

G4I has created its own 10-step recruitment program that forms the cycle we believe every organisation should follow which will reduce costs, saves time and will help prevent non-compliance if each step is followed.

Below is a diagram we have designed to help prevent non-compliance and help the Client be very structured.

If the Client requires G4I to custom a recruitment cycle bespoke to their organisation, G4I can do this for an agreed fee.
If the Client was challenged by the UKVI or HMRC, could they instantly show a list of trained staff involved in the entire recruitment process? Has the Client obtained confirmation by signature that staff involved in the recruitment process are fully competent and are aware of the company policies on employment and immigration compliance?

The above will all depend if one person does all 10 steps or multiple people are involved and whether the recruitment cycle is controlled centrally or other properties in the Client group does some or all of the above. Every business is different but if you are a large employer of people, you should have in place a hierarchy chart showing how the flow goes by location, departments, sub-departments and people and who reports to who.

Regardless of your organisation size, you should know who does what and ensure the staff listed are aware of UK employment and immigration laws. This can be a way for you to log and track the people involved and if you need G4I help, we then know who in your organisation is responsible for what.

If the Client gets a visit from UKVI, they should know who is responsible for what process and demonstrate it ‘there and then’ if requested.

17. VISA PROCESS GUIDE
Below is a process guide G4I follows to processing visa applications:
  1. Client confirms to G4I they like to sponsor a non-EU national
  2. G4I confirms with the Client if a RLMT is required
  3. RLMT is carried out if applicable
  4. Client provides G4I draft of employment letter and job description
  5. Client completes G4I CoS form and emails to G4I
  6. G4I agrees job advert, CoS, employment letter and job description are correct
  7. Client confirms with G4I who will pay UKVI and G4I fees
  8. G4I requests that the Client introduces the applicant to G4I
  9. G4I contacts the applicant and verifies their details and explains the visa process
  10. Applicant confirms by email they wish to proceed with G4I services
  11. G4I prepares care letter and emails the applicant to register on G4I website
  12. Applicant registers on G4I website and signs business T&Cs and care letter
  13. G4I invoices approved party 
  14. G4I confirms by email when payment is received into the client account
  15. Applicant and employer provide G4I with documents required
  16. G4I prepares registers UKVI visa account
  17. G4I completes visa application form and requests applicant to verify the data
  18. Approved person pays UKVI visa fees as Standard, Priority or Super Priority
  19. G4I creates UKVI commercial partner account
  20. G4I books in commercial partner the applicant biometrics appointment
  21. G4I uploads applicant documents to commercial partner portal
  22. G4I consults the applicant on how to attend their biometrics appointment
  23. UKVI will email G4I an array of emails which G4I emails to the applicant and employer
  24. UKVI should update G4I when a visa decision is made.
  25. Leave to Enter – if visa is approved, applicant receives 30 day visa sticker to enter the UK with visa approval letter and once in the UK collects their biometric card,
  26. Leave to Remain – if visa is approved, applicant receives new BRP card and visa approval letter.
  27. If visa refused, G4I will update the relevant parties on their options.
18. SL SUPPORT SERVICES
18.a Support clarification
G4I fee is based upon the number of payroll workers the Client has and charity workers that are engaged. When calculating the cost, the Client needs to: 
  1. Consider all payroll per business entities under their group.
  2. If the Client has several entities under one SL, it is possible each entity has its own payroll set up with HMRC. The Client is required to count all employees on their payroll and volunteers and tick the appropriate box below.
  3. If the Client engages charity workers, this must be added to the total.
When the Client signs up to this agreement, they will be required to confirm the appropriate package unless G4I has already confirmed this. Below are the levels the SLA is agreed upon.

Payroll and charity workers total:
1-50, 51-100, 101-250, 251-500, 501-1000, 1001-2000 and 2001+

18.b What support will the Client receive under their package?
G4I needs to be assigned to the Client SMS as the following:
  1. Level 1 User
  2. Key Contact (optional)
G4I can provide the following SMS support services:
  • Draft and Assign CoSs to approved Tier workers
  • Cancel any assigned CoSs
  • Add Tier worker notes to assigned CoSs
  • Update the Clients SMS when changes are required
  • Prior to engagement of Tier worker, check their right to work status
  • Request annual CoS new allocation
  • Request ad-hoc CoS allocation
  • Request priority CoS
  • RCoS is part of the Tier 2 General application fee
  • Update UKVI on Level 1 Users, Level 2 Users, Key Contact, Authorising Officer, Business change of address, new branches acquired or needs adding to their SMS, Client change of business ownership etc.
18.c Non-SMS support services
G4I can also provide the following non-SMS support services:
  • Provide template maintenance support letter
  • Provide template sponsorship letters
  • Verify if employment contracts comply to Tier workers
  • Verify if job descriptions comply to Tier SOC code
  • Verify if Mission statements complies (Tier Religious workers only)
  • Verify job posting adverts are compliant
18.d Changes made in SMS
G4I will only accept instructions from approved people of the Client when their SMS needs changes. The Client is required to email G4I what changes are required to their SMS. 
Once G4I has received instructions, they will do one of two things:
  1. Request further clarification on changes requested or
  2. Proceed and update the Client SMS.
G4I will then email a screen shot of the page in the SMS confirming request actioned. If UKVI requests a signature to their PDF and supportive evidence, G4I will guide the Client what to do.

The Client files this as evidence as updates made to their SMS. If UKVI compliance officers carries out an audit and they accuse the Client of failing to do X or Y, this evidence can be used to prove actions were taken.

18.e Additional support services 
G4I can also provide the following support services which are not included and charged extra:
  • Points-based System training
  • SL training specific training
  • Client site visit auditing
  • How to process a compliant recruitment cycle
  • How to assign a new entity to the Client existing SL. A new entity is governed by payroll and if additional staff takes the Client into a new package, the Client will be invoiced the variance.
18.f Visa services
G4I can process any visa type for non-EU nationals requiring a visa to enter or remain in the UK. G4I can also process the family members applications if they need to enter or remain in the UK. The Client will be confronted by these types of non-EU nationals:
  1. Single application
  2. Single application and family members joining the non-EU national later on.
  3. Family group applications – applying at the same time.
  4. Tier priority or super priority applications for non-EU nationals.
Visa Processing Times - Leave to Enter Visa Applications
G4I can process the non-EU national visa application either as a:
  • standard online application (allow 3 weeks* processing time) or
  • priority application (allow 5 working days processing time) or
  • super priority application (allow 1 working day processing time).
*90% of applications processed with this time and processing times start once the applicant has attended their biometrics appointment.

Visa Processing Times - Leave to Remain (Tier 2) Visa Applications
G4I can process the non-EU national visa application either as a:
  • standard online application (allow 8 weeks* processing time) or
  • priority application (allow 5 working days processing time) or
  • super priority application (allow 1 working day processing time).
*90% of applications processed with this time and processing times start once the applicant has attended their biometrics appointment.

Visa Processing Times - Leave to Remain (Settlement) Visa Applications
G4I can process the non-EU national visa application either as a:
  • standard online application (allow 6 months* processing time) or
  • priority** application (allow 5 working days processing time) or
  • super priority application (allow 1 working day processing time).
*90% of applications processed with this time and processing times start once the applicant has attended their biometrics appointment.
**UKVI website states new service available from January 2020 but when you come to process the visa payment, service not available. Complaint has been raised to UKVI.

G4I charging policy is to charge a set fee per service. G4I does not charge by the hour, by the letter or by the time spent on the telephone. All charges are related to processing a type of service. Once G4I quotes a cost that is the cost charged, not a penny more unless additional services are requested or, were not agreed upon when the non-EU national signed G4I business terms and conditions.

All non-EU nationals and Clients will receive our 4-level support and set fee invoice. Note: Invoices to non-EU workers applications can be addressed to the Client upon their request. If the Client wishes to pay for G4I services and pay for any UKVI visa fees, the Client must notify G4I of this in writing.

Payments to G4I is done via BACs or cheque and for UKVI fees, the Client or non-EU national will need to pay these fees by using a payment card.

19. CHARGEABLE IMMIGRATION SUPPORT SERVICES
If the Client requires additional services to help their business stay compliant, on the next page are screen shots from the business rate card page which you can learn more by clicking here to see if you require any of these added value services.

Added Value Services:
G4I also provides services in contracting & workforce compliance and employment law.

19.1 Client visits
If G4I visits the Client premises for any service, if the site visit exceeds 8 hours which includes travel time to and from the Clients premises, the rate will increase by £250 per 4 hours. Standard day rate visit costs £500. Travel time is calculated via Google Map. If the travel and Client site visit is likely to be between 12-16 hours, then the cost will be £1000 plus any travel costs. If the Client requires G4I to stay any nights to finish off any work the following day, the Client will have to pay for any accommodation costs, evening meal and breakfast costs plus a second day rate whether half day at £250 or full day at £500. 

20. VISA & PURCHASE ORDER PROCESS
If the Client agrees to pay for any non-EU national costs to enter or remain in the UK, the process should go like this:
  • Client contacts G4I and agrees to sponsor Worker X and confirms who pays the following fees:
    • Visa fee
    • IHS fee
    • Priority or Super Priority fee if applicable
    • G4I costs
  • Costs associated to A) to C), the relevant party who pays these costs must have a payment card with funds available.
  • Costs associated to D), the relevant party who pays this cost will be invoiced by G4I.

21. SUMMARY OF CONTRACTUAL TERMS
By signing this agreement:
  1. The Client fully understands that G4I cannot be accountable or responsible for being the Authorising Officer.
  2. the Client fully understands that G4I cannot be accountable or responsible for actions taken by the Client or any of their staff.
  3. The Client fully understands their rights and takes full responsibility to inform G4I of any changes to their Client business or workers details if G4I is required to update their SMS.
  4. The Client is responsible for hiring and firing of their staff and at no time can G4I influence or get involved with employment contracts or disputes.
  5. The Client is contracting G4I to provide support services for their SMS and helping to prevent illegal employment and when required process visa applications.
  6. The Client will at all times comply to UKVI guidelines on the 5 key areas of good HR practices and discourages any type of illegal activities.
  7. G4I will not discriminate against any person and endeavours at all times to provide impartial advice in accordance to the OISC, UKVI, Employment Law and Equality Act 2010 guidelines.
  8. This SLA is valid on date it is signed and when the current SL expires unless G4I states otherwise. 
  9. 9. If the Client agrees to extend their SL, the SLA will need renewing which will be for 4 years and G4I will invoice the Client based on their staff and charity workers/volunteers engaged.
  10. If the Clients’ SL is ‘revoked’ by UKVI, this SLA will be terminated on the date the SL is revoked. The Client will not be entitled to any refund. If the Client can get their SL reinstated, then this SLA agreement will be activated again only if they win their challenge or appeal. If UKVI insists the Client to apply for a new SL, a new SLA and fee will need to be paid. In most cases a Client cannot reapply for a SL until 12 months has elapsed from the date the previous SL was revoked.
  11. If the Clients’ decides to withdraw their SL, this SLA will be terminated. The Client will not be entitled to any refund. If the Client decides to apply for another SL, the Client must sign a new SLA and pay the G4I fee again base on payroll staff and charity workers.
  12. If the Client adds additional entities to their SL and the staff count falls within the SLA level, the Client does not have to pay G4I additional SLA fee. If the staff count goes over the SLA level, G4I will invoice the Client the variance and update this SLA.
  13. If the Client downsizes their business and their staff count falls to a lower level SLA fee, no refund will be permitted. When the Client renews their SLA with G4I, the new SLA fee will comply then.
  14. The Client accepts that no refund is possible once the agreement has been signed regardless if they paid the invoice or not.
22. RATE CARD
The below rate card is calculated based on total staff on your payroll and charity workers/volunteers you engage.
Payroll and Charity workers/volunteers engaged totals G4I Set SLA Fee
1-50 £750.00
51-100 £1000.00
101-250 £1250.00
251-500 £1500.00
501-1000 £2500.00
1001-2000 £3000.00
2001+ £TBC
Note: The above fee table is based upon total people employed and engaged the Client and when the Client SL expires unless G4I agrees otherwise in writing.
23. SLA AUTHORISATION
By completing this form, the Client is agreeing to the comply to the SLA and will commence from the date the agreement is signed until UKVI states within the Client SMS expiry date. If this SLA is replacing an existing SLA and the Client requires G4I to renew their SL, G4I will login to the Client SMS and renew the SL and ask the Client to pay UKVI fee.

All questions with this^are mandatory fields and we require the information.

Contact Us

Tier 2 - General
Tier 2 - Intra-company Transfer
Tier 2 - Minister of Religion (Religious Workers)
Tier 2 - Sportsperson
Tier 5 - Charity Worker (Volunteer Workers)
Tier 5 - Creative and Sporting
Tier 5 - Temporary Worker - GAE
Tier 5 - International Agreement
Tier 5 - Religious Worker

* These employed workers are not under tier 2 or tier 5 but could be under other visa types such as Indefinite, Right of Abode, Tier 4 Students, Tier 1, PBS Dependant, Spouse/partner visa and visas outside immigration control such as asylum and discretionary leave.

1-50
51-100
101-250
251-500
501-1000
1001-2000
2001+

To help us to understand who does what in your organisation, please provide the following information and from this we can guide you further:

Entering your name above acts as your legal binding signature to this SLA.

I am authorised to tick this box, sign and approve this Service Level Agreement


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