SPONSOR LICENCE APPLICATIONS
Employers aiming to hire overseas nationals without settled status or existing permission to work in the UK must obtain a sponsor licence from the Home Office. The specific type of licence application varies based on the immigration route the overseas worker intends to be sponsored on, each with distinct requirements. Notably, since December 31, 2020, most EU, EEA, and Swiss nationals arriving in the UK require sponsorship to work.
What Is a Sponsor Licence?
A sponsor licence allows UK businesses to hire workers from outside the UK to work within their organization. It is required for employing most overseas workers, including Skilled Workers and UK Expansion Workers, encompassing non-EU nationals and the majority of citizens from the EU, Iceland, Liechtenstein, Norway, and Switzerland who arrived in the UK post-December 31, 2020.
However, it is unnecessary to obtain a sponsor licence for employing Irish citizens, individuals with settled or pre-settled status under the EU Settlement Scheme, those with indefinite leave to remain in the UK, or foreign nationals authorized to work in the UK. To acquire a sponsorship licence, businesses must apply to the Home Office and pay the associated fee, provided they meet the eligibility criteria tailored to their business size and sector.
Sponsor Licence Requirements:
As part of your sponsor licence application, you must demonstrate to the Home Office that your organization is genuine, lawfully operating in the UK, and possesses characteristics of honesty, dependability, and reliability.
Additionally, you must confirm that your conduct aligns with public welfare and that you can fulfil sponsor duties and compliance requirements outlined in the sponsor guidance within specified timeframes.
To establish your organization's legitimacy, you'll need to submit various company-related documents, tailored to your organization type and the migrant sponsorship routes you intend to pursue.
Sponsor licence for ‘Skilled Worker’ Route:
To obtain a Skilled Worker sponsor licence for sponsoring a worker on the Skilled Worker visa route, you must demonstrate to the Home Office that you can offer employment meeting the skill and salary level requirements of the Skilled Worker route, ensuring the genuineness of the job(s) to be sponsored. Additionally, you need to establish a direct employer-employee relationship with the worker, indicating that you are not seeking to sponsor a role involving hiring a worker to a third party for ongoing or routine duties.
Sponsor licence for ‘UK Expansion Worker’ Route:
To apply for a UK Expansion Worker sponsor licence for sponsoring a worker on the Global Business Mobility – UK Expansion Worker visa route, you must meet several criteria outlined by the Home Office. These include offering employment that meets the skill and salary level requirements, ensuring the genuineness of the sponsored job(s), and not sponsoring roles involving third-party work.
Additionally, you must establish a qualifying link between your organization and the overseas business sending workers, demonstrating that you are not yet actively trading in the UK but have a UK 'footprint'. The overseas business should be actively trading overseas for at least three years and have plans to expand to the UK within two years, conducting the same type of business. The UK establishment should either be wholly owned by the overseas business or part of the same legal entity. Various other Worker and Temporary Worker immigration routes are available, each with distinct sponsor licence requirements, and failure to meet these criteria will result in the refusal of your sponsorship licence application.
Key Personnels:
Key Personnel must reside in the UK for the duration of their appointed role, have no unspent criminal convictions, civil penalties, or adverse history (including immigration issues), and must be either salaried employees or appointed as 'office holders' by your organization, unless exceptions apply.
Before initiating a sponsor licence application, you must designate an Authorising Officer, typically a senior individual involved in recruitment or HR, who holds ultimate responsibility for the licence and ensures compliance with sponsor duties.
A Key Contact serves as the main liaison with the Home Office, with the option for a legal representative to fulfill this role, while at least one Level 1 User is appointed to oversee daily sponsorship activities using the Sponsorship Management System (SMS). This user, initially an employee, manages the licence through the SMS portal, with the ability to designate others, including legal representatives, as Level 1 or Level 2 Users for specific SMS tasks post-licence assignment.
Sponsor Licence Application Fee:
The fee for submitting a sponsor licence application varies based on the organization's size. A small company or charity incurs a charge of £536.00, while medium or large-sized companies face a fee of £1,476.00.
Our business immigration advisors specialize in aiding UK employers throughout the sponsor licence process, ensuring acquisition of the appropriate licence, maintaining its highest rating, and fulfilling sponsor duties. Whether seeking guidance on necessary company documentation, crafting a compelling business case for a sponsor licence, or ensuring compliance with recruitment procedures, our barristers expertly navigate the application process. Renowned for our approachability and proactive approach, we prioritize understanding and meeting our business clients’ needs, providing clear, reliable immigration advice directly to UK employers with professionalism and friendliness.