A UK based employer needs a sponsor license to employ non EEA workers subject to immigration control. Tiers 2 and Tier 5 of the points-based system are the primary immigration routes for non-European Economic Area (EEA) migrants who wish to work in the UK. These migrants must be sponsored by an organisation or company that holds a Tier 2 and/or Tier 5 licence. A licence is a permission given to an organisation to sponsor workers in its business. The organisation is known as a sponsor. Individual persons are not recognised as sponsors.
Sponsorship plays 2 main roles in a migrant’s application for permission to come to, or remain in the UK to work:
- where appropriate, it provides evidence that the migrant will fill a genuine vacancy that cannot be filled with a suitably qualified or skilled settled worker
- it involves a pledge from the sponsor that it accepts all of the duties expected when sponsoring the migrant
Home Office will use the information that you provide when you apply for a licence or at any time throughout the period of your licence in accordance with the Home Office Personal Information Charter.
How does sponsorship work?
To get a licence, you can use an online application form and supply specified documents to prove that you are suitable and eligible.
A sponsor licence is valid for 4 years, after which it will expire. The only exceptions are if Home Office revoke it or you surrender it before it expires. Home Office reserve the right to take action against you if they have a reason to believe you pose any risk to immigration control. The 4 years will run from the date your licence is granted.
How can I apply for a sponsorship licence?
To apply for a licence, you must register your details online by completing the UK Visas & Immigration (UKVI) ‘Online sponsor application registration’. Once you have registered, you will be able to log in to the UKVI ‘Sponsor application log in’. You will need a credit or debit card to pay for your application.
Key personnel and others involved with your organisation
The online sponsor application requires you to give certain responsibilities to members of your staff, some or all of whom will have access to the sponsorship management system (SMS) after a licence is granted. We call these people ‘key personnel’ and there are 4 roles which are:
- authorising officer
- key contact
- level 1 user
- level 2 user
None of your ‘key personnel’ can be:
- a representative who is not based in the UK
- a contractor or consultant who is contracted for a specific project
- subject to a Bankruptcy Restriction Order, or Undertaking
- subject to a Debt Relief Restriction Order, or Undertaking
- legally prohibited from being a company director
UKVI Inspection visit for a sponsor license
Home Office may visit you to carry out checks before a decision on your licence application has been made. Home Office may also conduct checks after the decision has been made. This is to make sure that the information you gave is accurate and that you are able and continue to comply with the duties and responsibilities of a licensed sponsor.
Resident labour market test for a sponsor license
The resident labour market test is there to protect the settled workforce and means that you must advertise the job you want to recruit to give settled workers a chance to apply. You can only recruit a migrant if either:
- you have completed a resident labour market test in accordance with this guidance and can show that no suitable settled worker is available to fill the job
- the job is exempt from the resident labour market test
There are exemptions from the resident labour market test in a certain situation like;
- If the migrant is already working for you and they need to extend their leave in the same immigration category to continue working
- The migrant’s occupation is in the shortage of occupations list
- Migrant is already in the UK and applying to switch into Tier 2 General and has or was granted leave to enter or to remain in the UK under one of the followings;
- Tier 1 Post Study Work
- Tier 1 Graduate Entrepreneur
Fees for a sponsor license
There is a fee for:
- initial applications for a sponsor licence
- applying to renew an existing sponsor licence
- applying to extend the scope of an existing licence
- assigning each certificate of sponsorship (CoS)
Our business immigration solicitors can provide clients with a complete employer sponsorship licence application package. Our team of UK immigration specialists are well versed in all the document and evidentiary requirements that can be vital to a prompt and stress-free process when you apply for a sponsor licence.
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