UK Sponsor Licence

To submit a Sponsor Licence application, UK-based employers cannot have:

• Unspent criminal convictions for immigration offences or certain other crimes, such as money laundering or fraud
• History of failing to carry out their sponsorship duties

An appropriate system to monitor any Sponsor Licence employer must be in place and will be regularly checked by the authorities. The UKVI (UK Visas and Immigration) will review your application forms and supporting documents, and may also need to visit your premises to make sure that you are capable of carrying out your duties. The Home Office can perform a compliance visit at any time with no pre-warning.

You can submit a Sponsor Licence application by using the online form. The Sponsor Licence application process includes the following steps:

• Completing and submitting your Sponsor Licence application form online. If you need assistance, one of our immigration lawyers in Birmingham can help you with this phase.
• Paying your Sponsor Licence application fee to the Home Office
• Providing a bundle of documents to certify that you are a genuine business based and operating in the UK
• Showing evidence of your eligibility
• Choosing which type of licence, you need to apply for, based on the category of workers you need to hire.

You must pay the correct Sponsor Licence application fee at the point of submitting your Sponsor Licence application.

Skilled Worker visa applicants, are overseas workers who can be employed in the UK. The category has replaced the former Tier 2 visa scheme. This category includes the following permits:

• Skilled Worker visa, for those who meet the job suitability requirements
• Senior or Specialist Worker visa, for multinational companies which need to transfer their employees to their branch in the UK
• Minister of Religion, for those coming to work for a religious organisation in the UK for up to 3 years
• Sportsperson, for elite sportspeople and coaches who will be based in the UK for up to 3 years

Skilled workers who wish to remain in the UK temporarily, can apply for a Temporary Worker visa. This includes:

• Creative and Sporting workers, such as sportspersons, artists and entertainers
• Charity unpaid workers
• Religious workers, doing preaching, pastoral and non-pastoral work
• UK Expansion Worker (Global Business Mobility)
• Secondment Worker (Global Business Mobility)
• Graduate Trainee (Global Business Mobility)
• Service Supplier (Global Business Mobility)
• Government Authorised Exchange, for work experience, research or training
• International Agreement, for those whose job is covered by international law, such as employees of overseas governments
• Scale-up Worker
• Seasonal Worker

The skilled worker license doesn’t cover all positions. Specific skill and salary thresholds must be fulfilled, and particular industries and specialties are not included. Any intended sponsored position needs to satisfy sponsorship criteria and achieve the necessary 70 points within the chosen visa pathway. Below is a list of certain qualities, the nature of the qualities in regards to necessity, and how many points they’re worth:

• Approved sponsor job offer – Obligatory – 20
• Job at suitable skill level – Obligatory – 20
• Proficient in required English level – Obligatory – 10
• Salary £20,480 to £23,039 or minimum 80% of profession’s standard (whichever higher) – Exchangeable – 0
• Salary £23,040 to £25,599 or minimum 90% of profession’s standard (whichever higher) – Exchangeable – 10
• Salary £26,200 or above or minimum profession’s standard (whichever higher) – Exchangeable – 20
• Job in Migration Advisory Committee’s shortage occupation list – Exchangeable – 20
• Education qualification: Relevant PhD – Exchangeable – 10
• Education qualification: STEM-related PhD – Exchangeable – 20

When an organisation applies for a Sponsor Licence, it commits to specific administrative tasks that aim to prevent illegal employment. These duties involve maintaining accurate and current records, which sponsors must be ready to share with the Home Office for review whenever necessary.

The Home Office assesses the Sponsor Licence employer’s capacity to fulfil these sponsor licence duties through the application process. These duties include keeping correct records, contacting the Home Office regarding any changes to circumstance with their employees, and tracking and reporting absences.

Sponsors are required to maintain records regarding their sponsored employees and their eligibility to work in the UK. This includes relevant documents and current contact information.

The employer must store duplicates of the following documents of their employees:

• Passport
• Biometric residence permit
• Employment contracts
• Immigration status documents, including the duration of their permission to stay in the UK
• Right to work checks

The Sponsor Licence employer must also conduct regular monitoring of their employees to check for:

• Their employee missing work days regularly
• Missed work for ten consecutive days
• Employee resigns from work before their contract ends
• Switches to a different immigration category

If any of the above become apparent then the employer must contact the Home Office within ten working days.

As a part of all Sponsor Licence applications, you need to appoint designated people within your business to manage the sponsorship process. Your allocated employees must be paid members of your staff or officeholders. This personnel will be able to use the Sponsorship Management System (SMS).

You need to appoint the following roles:

• Authorising officer, a senior position responsible for the actions of all the members of the staff and representatives who use the SMS
• Key contact, who will be your main point of contact with the UKVI
• Level 1 user, who will be responsible for all daily management of your licence through the SMS

If necessary, you can appoint an optional level 2 user. This role has more restricted access to the SMS but can support the other representatives.

You will get an A-rated Sponsor Licence if your application is approved, and your business will automatically be listed in the register of sponsors.

Nevertheless, your licence may be downgraded to a B-rating at any time, if you fail to meet your sponsor duties.

If this happens, you will not be allowed to issued new certificates of sponsorship, and you will only be able to extend the licences of workers you already employ until you are upgraded back to an A-rating. To get an A-rating licence, you must follow an action plan provided by UKVI and pay a fee of £1,476.

You can only have two B-ratings in the 4 years that your licence is valid. If you get a third B-rating, you will lose your licence, and you will need to reapply for it.

The Resident Labour Market, an essential part of the Tier 2 Sponsor Licence process, has since been dismissed and replaced by the Skilled Worker visa route.

It is no longer a requirement for UK businesses holding or seeking a Sponsor Licence to satisfy the requirements of the Resident Labour Market Test and can employ and sponsor skilled migrant workers straight away.

Instead of the RLMT, the new points-based system ensures that workers are suitable and the vacancy in question is genuine.

Your Sponsor Licence application cost depends on the size of your business and the type of licence you need to get. The fee is applicable when you first apply and every four years after, should you choose to renew your licence.

The different types of Sponsor Licence certificates are as follows:

Unrestricted certificates: When you apply for your Sponsor Licence, you will be asked to provide the number of worker and temporary worker certificates you are going to need. There is no limit to the number of unrestricted certificated that you can require for your business, provided that you submit adequate evidence.

Restricted certificates: These are for workers who are currently abroad and who will be paid less than £159,600 a year, or family members of Student visa holders who are switching to a worker visa. These Sponsor Licence certificates can be issued before the next allocation date only in exceptional circumstances.

To be responsible and trustworthy Sponsor Licence holders, you must:

• Check that all your international workers have the necessary skills and qualifications to do their jobs
• Keep copies of your workers’ professional accreditations
• Only assign certificates of sponsorship to workers who are suitable for the job
• Tell UKVI if your sponsored workers are not complying with the conditions of their visa
• Ensure the smooth running of your Sponsor Management System (SMS)- the Sponsor Management System is an online tool used by the Home Office to allow you to track and keep record of your sponsored employees

If you fail to meet these responsibilities, your Sponsor Licence may be downgraded, suspended or withdrawn. The Home Office can perform a compliance visit at any time- it is important that you adhering to your responsibilities at all times, should you receive an unannounced visit.