Do you own a business in the UK, but are seeking to recruit talent from outside the country? Then obtaining a Sponsor License is your first step. This type of license grants permission to sponsor eligible foreign nationals to work in the UK. 

But to many, the application process can seem somewhat a difficult process to get through. This article hopefully will throw some light into what you will have to keep in mind when applying for a UK Sponsor License.

Why Do You Need a Sponsor License?

To carry out In the present day global market, businesses often require specialised skills and expertise that may not be readily available within the domestic workforce. Getting a skilled worker from another country therefore might be the only way to ensure smooth operational functionality within the organisation. 

The immigration system in the UK, allows workers to live and work through the Sponsor License framework. Essentially this means allowing businesses to bridge a skill requirement gap by sponsoring skilled workers. This could even mean transferees within one organisation. Without a valid sponsor license, a business cannot employ non-UK citizens to live and work in the UK.

Eligibility Criteria to be a Sponsor

Before starting off on an application process, it is important to know whether your business meets the eligibility criteria set by the Home Office. Here are some areas that you will need to meet in order to qualify as a sponsor.

• Genuine Vacancy –  First and foremost as a legitimate business, you must have a genuine job vacancy that requires the skill level and meet the legal standards for the specific immigration route you intend to use.  
• Suitability of the organisation – Your venture must be a financially sound organisation, operate lawfully, and have proper HR systems in place to effectively manage sponsored workers. This includes the ability to assign Certificates of Sponsorship (CoS), monitor attendance, and ensure compliance with immigration rules.
• Strong HR systems – You will need to demonstrate that you have a robust HR process in place to manage the sponsored employees. These include record-keeping, reporting, and ensuring they strictly abide by the conditions of their visa.
• Key Personnel – You will need to nominate key personnel within your organisation to manage the sponsorship, including an Authorising Officer, Key Contact, and potentially other roles. These individuals must be competent and understand their responsibilities.
• A clean history: The organisation and its personnel must present an unblemished history of functionality. The firm or its employees cannot have any criminal convictions or a history of breaching immigration laws when applying for a sponsor licence in the UK.

The Application Process

There are two main categories of UK Sponsor Licence. They are:

• The temporary worker license: This allows you to sponsor a worker for a specific type of job and for a limited time period. This category is further divided into many sub categories depending on the job type and period of stay. To get a more detailed listing of the sub categories, click here.
• Worker license: The work license category may look similar to the temporary one, however the differences point to how long you are entitled to live and work in the UK. Unlike the temporary work license, the worker license can even be a permanent one. Another feature of the worker license are its sub categories. 

The worker licence is split into the following 4 sections:

• Skilled worker. For this category, the worker must meet the job suitability requirements.
• Internationally recognised sportsperson/s and coaches.
• A religious minister/s. They will have to prove that they are attached to the religious organisation that is sponsoring them. 
• Specialist or senior work visa. This type of visa is usually issued for workers employed in multinational companies that require particular skills to be transferred from one part of the world or region, to the UK. The employees ideally should be on a permanent cadre who consider their job role as their first priority and strictly adhere to the conditions of the visa.

The application for a Sponsor Licence is completed online. Here’s a breakdown of the key steps:

1. Assess your eligibility: Thoroughly review the eligibility criteria outlined above to ensure that your business qualifies as a sponsor.
2. Choose the correct immigration route: Identify the specific immigration route relevant to the job role and the individual you wish to sponsor (I.e: Skilled worker, Intra-company transfer).
3. The right personnel: Nominate individuals within your organisation who are well versed with the subject matter for mandatory roles such as an Authorising Officer, or a Key Contact. You may need to ensure these individuals understand their responsibilities and provide the necessary information when lodging an application.
4. Supporting documents: As per The Home Office requirements when applying for a sponsor licence, typically a minimum of 4 documents or a combination of 4 documents are required. These could be proof of ownership, your audited accounts statements, and premises ownership. However, depending on the type of business  you are involved in, the documents you may have to present could vary significantly. Since this can be an extensive area to cover, click this link to open up the Home Office webpage to read up on the document requirements.
5. Submit an online application: Fill out and complete the online application form using the Sponsor Management System. Provide accurate and detailed information about your organisation and the nominated key personnel.
6. Pay the application fee: An application fee is payable at the time of submission. Here again the fee for your application could vary depending on the size and type of your organisation and of course the type of sponsorship.
7. Await decision: The Home Office will review your application and supporting documents. Processing times can vary, so allow sufficient time for a decision.
8. Your licence granted or refused: If your application is successful, you will receive a Sponsor Licence. If refused, the Home Office will provide reasons for the decision, and you may have the option to appeal or reapply.

Responsibilities of a Licensed Sponsor:

Obtaining a Sponsor License comes with a fair share of responsibilities. As a licensed sponsor, you will be obliged to:

• Monitor sponsored workers – Keep accurate records of sponsored employees, including their contact details, attendance, and immigration status.
• Report any changes –  Inform the Home Office of any significant changes relating to your sponsored workers or your organisation such as change of address, job changes, absent employees.
• Comply with immigration rules – Ensure your sponsored workers adhere to the conditions of their visas.
• Prevent illegal working – Take steps to prevent illegal working. If your sponsored employee is in the UK to work within your organisation, he/she has to comply with that condition and cannot be working for another organisation as well.
• Cooperate with the Home Office – Respond promptly and accurately to any requests for information from the Home Office.

Conclusion

Applying for a UK Sponsor License is an undertaking that requires careful preparation, and most importantly, attention to detail. By understanding the eligibility criteria, following the application process, and being aware of your ongoing responsibilities, your business can successfully employ workers from other parts of the world, ensuring your organisation has access to a select global talent pool. No doubt this will help with the growth and success of the organisation. 

If you aren’t familiar with the intricacies of Sponsor License, you may want to seek guidance by calling up BVS Legal for advice. With a record of trusted excellence, you can be rest assured of getting expert guidance and support regarding your next employee to the UK.

Disclaimer: The information provided in this blog is intended for general knowledge and informational purposes only, and does not constitute of legal advice.