For businesses in the UK looking to employ an individual from overseas who lacks settled status and the required immigration permissions, it’s vital to obtain a sponsor licence from the Home Office. The nature of the sponsor licence depends on the specific immigration path the foreign worker aims to use, with each having its distinct prerequisites. Importantly, employers must be aware that the majority of EU, EEA, and Swiss nationals who entered the UK post 31 December 2020 now require sponsorship for employment.
Understanding Sponsor Licences
A sponsor licence permits UK enterprises to hire non-UK employees. This encompasses not only non-EU individuals but also a majority of those from the EU, Iceland, Liechtenstein, Norway, and Switzerland who moved to the UK after 31 December 2020. Certain individuals, such as Irish citizens, those with the EU Settlement Scheme status, those with indefinite leave in the UK, and others with work permission, do not necessitate sponsorship. To obtain a sponsorship licence, a business must apply to the Home Office, bearing the requisite application fee. Businesses across sectors and sizes can apply, given they meet the eligibility criteria specific to the licence type.
Essential Criteria for Sponsor Licences
When seeking a sponsor licence, businesses must meet various general and specific criteria.
General Criteria:
- Demonstrate that you’re a genuine and legally operating entity in the UK.
- Establish trustworthiness, reliability, and ensure no prior harmful activities against public interest.
- Prove capability to fulfill sponsorship duties and exhibit compliance as per the Home Office guidance.
Meeting these general criteria involves submitting relevant company documents, which may vary based on the organisation type and sponsorship route desired.
Specific Criteria for Sponsorship Routes:
Different immigration routes have their unique set of requirements. For instance, sponsoring a Skilled Worker involves demonstrating:
- Ability to offer employment fitting the Skilled Worker route’s skill and salary requirements.
- Assurance that the job roles are authentic.
- Existence of a direct employer-employee relationship.
Other routes, such as the UK Expansion Worker licence, come with their own set of stipulations.
The UK provides various Worker and Temporary Worker immigration options, each with its distinctive sponsorship criteria. A failure to meet these will lead to the rejection of the application.
For inquiries about your sponsor licence application, reach out to our immigration solicitors at Highwood Solicitors at +44 (0) 1206523714 or fill out our contact form.
Documentation for Sponsor Licence
The Home Office requires at least four mandatory documents outlined in Appendix A of their sponsor guidance. The specific documents are contingent on the nature of your application.
Appointing Responsible Personnel
Before applying, you’ll need to assign roles:
- Authorising Officer: Senior individual overseeing the licence and ensuring compliance.
- Key Contact: Primary liaison with the Home Office. A legal representative can fulfil this role.
- Level 1 User: Manages day-to-day activities using the Sponsorship Management System (SMS).
Sponsor Licence Application Process
Applications involve an online form, application fee, and timely submission of all pertinent documentation. While a legal representative can guide, the business must submit the form.
Sponsor Licence Costs and Duration
Fees vary with company size, ranging from £536.00 for smaller firms to £1,476.00 for medium to large businesses. Typically, the Home Office takes up to 8 weeks to process applications. A priority service is available for an extra fee. If approved, the licence lasts 4 years.
Maintaining Your Sponsor Licence
Upon approval, you’ll usually achieve an ‘A’ rating on the sponsor register. Access to the Sponsor Management System (SMS) is provided, where you’ll manage and monitor your licence activities.
Guidance on Sponsor Licences
For detailed guidance on Skilled Worker or UK Expansion Worker sponsorship, consult our:
- Skilled Worker Sponsor Licence Guidance
- UK Expansion Worker Sponsor Licence Guidance
How Highwood Solicitors Assist
Our team of immigration solicitors at Highwood Solicitors aids UK businesses in acquiring and maintaining top-rated sponsor licences. From offering advice on the right documentation to drafting a compelling case for your sponsorship needs, we’ve got you covered. We prioritize understanding and fulfilling our business clients’ requirements with professionalism and dedication.