Tandoori Sep/Oct 2014 | Page 15

Sponsor Licencing for Staff If you are struggling to find good chefs and other staff, you need a sponsor licence. You will though need to think carefully about the licencing criteria, says solicitor Maria Fernandes Maria Fernandes has been an immigration lawyer for 28 years and is accredited by the Solicitors Regulation Authority I n the trade you are in, there is a strict control of staff you can employ. Furthermore, as restaurants are classified as “high risk” you are likely to have to put up with unannounced as well as announced visits. You also need to understand that the a roach of officers who visit has shifted from being helpful to being downright officious. If you are thinking about obtaining a licence, the first ste is to ensure that you have a good employment processes in place. You should have a contract for each member of staff, collect www.tandoorimagazine.com 015_TM_Jun_Jul14_Immigration.indd 15 contact details, check and copy passports, check that the visas on the passport or biometric cards permit work, and that visa expiry dates are recorded. Steps must also be taken to act upon them where necessary. Needless to say, anyone thinking of having a major role in the business (its Authorising fficer must not have criminal convictions and being an undischarged bankrupt also dis ualifies you from holding a responsible position within the company. The process is relatively easy, involving an online application, followed up by the submission of supporting documents (either original or certified by a solicitor within set time limits. With restaurants, it is more than likely that there will be a visit and therefore a delay in the grant of a licence. At the visit, the processes that the business adopts are reviewed and if all is in order a licence is granted. When applications are made to renew licences it usually triggers a visit. Once the licence is issued, in focus it is vital to ensure that the paperwork is maintained and updated on a regular basis and that you regularly report a number of changes on the Sponsor Management System, which is the an online system. There is also a requirement to keep a number of documents and you must produce them if requested. Once a licence is issued an employer (called a Sponsor) can issue staff under restricted permits or unrestricted permits. It is vital from the start to understand the distinction between them. Restricted certificates are used to bring in staff from abroad and are restricted to 1725 per month. Sponsors can only bring chefs from abroad if their restaurant is classified as a high class establishment, where all food is cooked from fresh ingredients, does not offer a take away service or buffet. Even 1% of takeaway food is likely to affect the outcome (although funnily enough hotels seem to be able to get away with some of these conditions). The process of applying for a ertificate of onsorshi or CoS as it is normally referred to) is to put the application Sponsors can only bring chefs from abroad if their restaurant is classified as a high class establishment, where all food is cooked from fresh ingredients, does not offer a take away service or buffet. before a panel of Managers who meet once a month to decide all applications. Points are awarded for salary, and job title and the highest score