- A UK Sponsor Licence is essentially needed for UK-based business owners who are looking to hire overseas professionals for their business.
- It is mandatory for a UK company to possess a valid Sponsor Licence, which enables them to issue a Certificate of Sponsorship to the employee they want to hire.
- From the immigration point of view, the employee MUST have a Certificate of Sponsorship to apply for most of the work visas to come and work in the UK.
- Get in touch with us, either call us on +44 330 330 1584 or drop an email at [email protected] to know about how can you acquire a Sponsor Licence for your UK-based business.
Sponsor Licence – Overview
- An employer who is a UK-based business owner will need a Sponsor Licence to employ overseas skilled professionals for their UK company.
- This also includes citizens of the EU, Iceland, Liechtenstein, Norway, and Switzerland who arrived in the UK after 31st December 2020.
- A Sponsor Licence is mandatory for unpaid job roles as well. For example, managing/operating a charity campaign.
||Types of Licence under the Sponsor Licence
|To get a licence as a UK-based employer, the applicant:
- Cannot have unspent criminal convictions for immigration offences or certain other crimes, such as fraud or money laundering.
- Cannot have a Sponsor Licence revoked in the last 12 months.
Will need appropriate systems in place to monitor sponsored employees and people to manage sponsorship in the business.
Will get their application form and supporting documents reviewed by UK Visas and Immigration (UKVI). They might visit the applicant’s business to make sure they are trustworthy and capable of carrying out their duties.
|The licence a sponsor needs depends on the duration of the job period of the overseas employee.
- Workers – for skilled or long-term employment.
- Temporary Workers – for specific types of temporary employment.
The business owners can apply for a licence covering one or both types of workers.
Certificate of Sponsorship
- The sponsor must assign a Certificate of Sponsorship to each foreign worker they employ.
This is an electronic record, not a paper document.
- Each certificate has its own number which a worker can use to apply for a visa.
- When the sponsor assigns the certificate to a worker, they must use it to apply for their visa within 3 months.
- They must not apply for their visa more than 3 months before the start date of the job listed on the certificate.
Responsibilities of a sponsor
A sponsor must:
- Check that the foreign workers have the necessary skills, qualifications, or professional accreditations to do their jobs, and keep copies of documents showing this.
- Only assign certificates of sponsorship to workers when the job is suitable for sponsorship.
- Tell UK Visas and Immigration (UKVI) if the sponsored workers are not complying with the conditions of their visa.
- The employer’s licence may be downgraded, suspended, or withdrawn if they do not fulfill these responsibilities.
Job suitability for a UK Sponsor Licence
The employer can provide sponsorship to a worker if the job they’re going to do has a suitable rate of pay and skill level, or meets the other criteria needed for their visa.
Immigration skills charge
The sponsor might have to pay an additional charge when they assign a Certificate of Sponsorship to someone applying for a UK Skilled Worker visa or a UK Senior or Specialist Worker visa. This is called the ‘immigration skills charge’.
The sponsor must pay the immigration skills charge if they’re applying for a visa from:
- Outside the UK to work in the UK for 6 months or more.
- Inside the UK for any length of time.
Sponsorship management roles for a UK Sponsor Licence
The sponsor will need to appoint people within their business to manage the sponsorship process when they apply for a Sponsor Licence.
The main tool they’ll use is the sponsorship management system (SMS).
The roles are:
- Authorising officer – a senior and competent person responsible for the actions of staff and representatives who use the SMS.
- Key contact – sponsor’s main point of contact with UK Visas and Immigration (UKVI).
- Level 1 user – responsible for all day-to-day management of the Sponsor Licence using the SMS.
These roles can be filled by the same person or different people.
The sponsor can also appoint an optional level 2 user once they have a Sponsor Licence. This is an SMS user with more restricted access than a level 1 user, for example, they cannot withdraw a Certificate of Sponsorship.
The sponsor and his/her staff will go through checks to make sure they are suitable for these roles. The sponsor may not get a Sponsor Licence if anyone involved in sponsorship has:
- An unspent criminal conviction for an offence listed in the guidance for sponsors.
- Been fined by UKVI in the past 12 months.
- Been reported to UKVI.
Broken the law.
- Been a ‘key person’ at a sponsor that had its licence revoked in the last 12 months.
- Failed to pay VAT or other excise duty.
The sponsor and the allocated staff must also:
- Be based in the UK most of the time.
- Not be a contractor or consultant contracted for a specific project.
- Not be subject to a bankruptcy restriction order or undertaking, or a debt relief restriction order or undertaking.
- Not have a history of non-compliance with sponsor requirements.
HR contractors and agency staff
- At least one level 1 user must be the sponsor’s employee.
- The sponsor can have additional level 1 or level 2 users who are employed by third-party organisations that provide them with HR services.
- A temporary member of staff supplied by an agency can be a level 2 user.
UK-based legal representatives
- The sponsor can allocate any of the roles to a UK-based legal representative, apart from the authorising officer role.
- The sponsor’s representative must be qualified to give immigration advice or services.