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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I wish to find out if a friend who lives in Spain and on a

Resolved Question:

Hi
I wish to find out if a friend who lives in Spain and on a 5yr visa can come to the uk to work.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.

Hi,

Thanks for your question.
What nationality is your friend please?

Tom

Customer: replied 1 year ago.
He is Indian
Customer: replied 1 year ago.
The reason for asking is we are looking for staff who will take responsibility and although been looking for about 5 years still haven't managed find anyone
Expert:  Thomas replied 1 year ago.

Okay.

Is he in a relationship with anyone who proposes to come to the UK with him? if so, what is their nationality?

Customer: replied 1 year ago.
No nobody else
Expert:  Thomas replied 1 year ago.

Thanks. Drafting your answer now. 5 mins please.

Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

He would need a visa. He remains an Indian citizen for the purpose of the UK immigration rules.

You will have to see if he can apply for a Tier 2 Sponsored Skilled Worker visa

This means that you would be looking at applying under the Tier 2 Sponsored Skilled Workers Visa provisions. You will have to see if the job that he would do for you is on the shortage occupation list:-

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/308513/shortageoccupationlistapril14.pdf

If your job is not on this list then this means that you would have to carry out a Resident Labour Market Test. This test is effectively to show that their are no resident/eea national in the locality that can perform your role, It makes it much more difficult to prove that there is no-one else in the Uk who could do the job.

You would then have to become a licensed sponsor of Tier 2 employes:

https://www.gov.uk/uk-visa-sponsorship-employers/apply-for-your-licence

Then you would have to offer him a job and he could then only apply if he meets the eligibility criteria:

https://www.gov.uk/tier-2-general/eligibility

Basically, if you are minded to try and become and sponsor and then for him to apply I would strongly consider instructing a solicitor to act on your behalf to review the likelihood of success in detail and then to act on his behalf.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 1 year ago.
Is there any other way?
Expert:  Thomas replied 1 year ago.

Hi,

No, there is no other way if he is not in a relationship with anyone else and does not have any UK ancestry.

I am sorry.

Please do remember to leave feedback

Tom

Expert:  Thomas replied 1 year ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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