Can a migrant manage SMS and assign a COS to themselves?

[Meade]

Hi All,

I am currently working for a company that is not a Tier 2 sponsor. They are saying that they are happy to sponsor me but they don't know how all this work and they also don't have an appropriate HR person who will submit all the documents, etc.

One of my ex-classmates is also working for a similar company and was in exactly the same situation. What he did is he simply prepared all the paperwork himself and applied for a Tier 2 Sponsorship license on behalf of his company. He is not a HR or something, he is working as a Sales Manager, but he convinced his company that he can manage all this processes and applied for a Tier 2 Sponsorship License. I am not sure if he putted his name in the application form or his director's name to specify who is company's dedicated and responsible HR person for this. So he sent the paperwork and his company got the Tier 2 Sponsorship License. After that he got full control over SMS and assigned a Certificate of Sponsorship to himself, matching his role, salary, criteria, etc. He then applied for a Tier 2 General visa and got it.

When I heard this I was a bit shocked as I believe that a migrant cannot apply for Tier 2 Sponsorship License and manage the SMS as there should be a dedicated HR person in the company who will be responsible for this. However he said that this is legal and everybody can apply for a Tier 2 Sponsorship License and manage it, even the migrant himself and the fact that he got his visa proofs this. He also said that he instructed his director what to say in case of somebody from Home Office visit their office. I am, however, not sure if Home Office knew that the Tier 2 Sponsorship License application was submitted by the migrant not by a dedicated HR specialist. He probably putted some other name in the application, probably his director's name, but I am not sure.

I tried to dig UK law and Policy Guidances but didn't found a specific information about this, so don't know if this is legal or not.

So my question is: is this legal, I mean can I also do like this? If this is legal I can also try to do the same for myself as my company have no idea how this works but they want me to stay. Could you please point me to relevant UKBA policy that shed some light on this? I don't want to do anything dodgy and want everything to be according to law. Thanks.

Kindly.
Lionel

[Frontier Mole]

The simple answer is no it is not within the guidance to allow the beneficiary of the licence to manage or issues a COS to themselves.
If he has fraudulently signed for the licence application or has access to the SMS system and UKVI find that out the licence will get suspended as a first point and more than likely revoked thereafter.

[Meade]

Thanks a lot Frontier,

Is there any UKBA policy guidance / link / law I can read about this? I really can't find anything on their website. Thanks a lot again.

[Frontier Mole]

Tier 2 & 5 Sponsor guidance.
Look at section 6 as that sets out the guidance in relation to the AO/KC/Level 1&2. users.
Your friend is neither allowed to be a level one user nor assign himself a COS.

[Meade]

Thanks a lot!! This was very helpful! I will try to find another sponsor asap.