Practical tips on how to apply for a Sponsor Licence

If you are planning to hire foreign nationals, one of the first things you must obtain is a Sponsor Licence. This guide provides practical tips to UK employers on how to make a successful Sponsor Licence application.

A Skilled Worker Sponsor Licence allows UK-based employers to hire skilled workers from abroad under the Skilled Worker visa route. If you are a UK-based employer, the licence will enable you to sponsor eligible non-UK employees, providing your recruitment practices comply with UK immigration laws.

Failing to comply with the requirements can lead to the suspension or revocation of your licence; therefore, it is important to have a clear understanding of your responsibilities as a sponsor.

Choose the Right Type of Licence

There are different types of sponsor licences, depending on the roles you are looking to fill. Most employers will require a licence under the Skilled Worker and/or Global Business Mobility visa routes.

Skilled Worker Licence is designed for companies seeking to sponsor skilled workers for permanent roles, such as engineers, IT specialists, healthcare professionals, etc.

Global Business Mobility Licence is aimed at employers seeking to sponsor existing employees from the company’s overseas branch for temporary assignments in the UK.

Temporary Worker Licence has been introduced for short-term roles in, among others, charitable or creative organisations or to undertake internship opportunities.

You must ensure that you select the correct category, as this determines the roles you will be able to fill and the rules that will apply to you.

Assign Key Personnel

When applying for a Sponsor Licence, your business will need to nominate key personnel to manage it. These roles are crucial for handling the day-to-day sponsorship duties and liaising with the Home Office. The three key roles are:

• Authorising Officer: This is usually a senior staff member in your business who will take overall responsibility for the licence.
• Key Contact: This person will be the main point of contact between your business and the Home Office.
• Level 1 User: This staff member will manage the day-to-day administration of your Sponsor Licence through the Sponsor Management System (SMS).

You need to ensure that these individuals are trustworthy and well-informed, as they will be held accountable for your business’ compliance with its sponsor duties and immigration rules.

Prepare Your Documentation

Your Sponsor Licence application must include a range of supporting documents to prove that your business is genuine and meets the eligibility criteria. Typically, you will need to provide documents, including but not limited to:

• Proof of registration with Companies House (e.g. the certificate of incorporation)
• Proof of VAT registration, if applicable
• Recent business bank statements
• Latest audited or unaudited accounts
• Employer’s liability insurance certificate.

Develop a Robust HR System

The Home Office expects you to have an effective HR system in place, which will allow your business to manage sponsored employees. This should include the following capabilities:

• Monitoring employee attendance and absences.
• Keeping accurate records of visa holders’ details (e.g. their work start dates and contact details).
• Flagging and reporting any changes in the sponsored employee’s circumstances (e.g. a change of job title or leaving the company).

A well-organised HR system is crucial to demonstrate your ability to meet your sponsor duties and avoid compliance breaches.

Be Ready for a Home Office Audit

As part of the application process, the Home Office may visit your business premises to ensure you meet all the requirements to sponsor overseas workers. During this visit, they will assess and audit:

• The genuineness of your business
• Your HR and recruitment practices
• Your ability to meet sponsorship compliance duties.

You can prepare for the visit by ensuring that your records are up to date, your HR systems are robust and functioning and your key personnel understand their responsibilities.

Stay Compliant After Obtaining the Licence

Once your Sponsor Licence is granted, remaining compliant is paramount. Failing to meet your sponsorship duties can lead to penalties, licence suspension or revocation. In order to successfully maintain your licence, it is important to ensure the following:

• Conduct right to work checks for all employees before the commencement of their employment.
• Keep the Home Office updated on any changes to your business or sponsored employees.
• Maintain accurate records and avoid any discriminatory practices in your recruitment policies.
• Conduct annual reviews and regular audits to help ensure ongoing compliance.

Applying for a Sponsor Licence can be complex and making mistakes may cost you dear. If you have doubts about any aspect of the process or would like to ensure your application is given the best chance to succeed, consider seeking our professional advice. Immigration experts can help you prepare your application, ensure compliance and provide ongoing support.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in offering comprehensive support for citizenship applications. If you have any questions arising from this blog, please do not hesitate to?contact us ?for advice,?or send us an?e-mail: [email protected]

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

?Gherson ?2024