Sponsorship Licence

What is a Sponsorship Licence?

A sponsor licence allows a British business to employ foreign workers. Follow our Sponsorship Licence guidance so you can start your application process to employ most overseas workers, including both non-EU nationals and citizens of the EU, Iceland, Liechtenstein, Norway and Switzerland, who arrived in the UK after 31st of December 2020.

Employer will not require a sponsor licence to employ an Irish citizen, a person with settled or pre-settled status under the EU Settlement Scheme, a person with indefinite leave to remain in the UK or a foreign national who otherwise has permission to work in the UK

What documents do we need to apply for a Sponsorship Licence?

Sponsors will need to provide at least four mandatory documents as set out in Appendix A of the Home Office sponsor guidance. The exact documents they need to provide will vary depending on the circumstances of their application.

In addition to information about their organisation, the proposed job role, and the candidate in mind, sponsors will also need to explain to the Home Office why they are applying for a sponsor licence.

How much does it cost to apply for a Sponsorship Licence?

The fee for submitting a sponsor licence application will vary depending on the size of the organisation. To learn about the latest fees Click here

What are the processing times for a Sponsorship Licence?

Sponsor licence applications usually take up to 6-8 weeks to be decided by the Home Office. There is also a priority service that costs £500, which will return a decision within 10 working days. To learn about the latest fees Click here

How long is a Sponsorship Licence Valid for?

A sponsor licence is valid for 4 years. If a sponsor wants to continue to sponsor workers after the end of the 4-year period, they will need to apply to renew your sponsor licence before it expires.
It is not possible to renew a UK Expansion Worker sponsor licence because the sponsor will normally be expected to have established a UK trading presence within 2 years from the date when the licence was granted. However, once the sponsor has established a UK trading presence, they will be able to apply to add other routes to their licence.

There will be no right of appeal if your sponsor licence application is refused and there will be a six-month cooling off period.

What are the ratings for a Sponsorship Licence?

If successful, the sponsors will usually be rated ‘A’ on the published register of licenced sponsors. UK Expansion Worker sponsor licence applicants may be given a ‘Provisional’ rating instead if their Authorising Officer (and Level 1 User) is an employee of the overseas business.

If a sponsor fails to meet their sponsorship licence duties, including conducting appropriate right to work checks, they could lose their licence.

What happens when my Sponsorship Licence is Successful?

Once a sponsor has been granted a sponsor licence, they will be able to start assigning Certificates of Sponsorship to migrants who want to work for them.
Sponsors will be given access to the Sponsor Management System (SMS). This is an online portal where they can manage their sponsor licence. They must also use the system to report certain events, such as if a migrant fails to report to work.

What happens if my Sponsorship Licence is refused?

There is no right of appeal against the refusal of an application for a sponsor licence.
If the Sponsor Licence Refusal decision was the result of either a caseworker error or because supporting evidence sent as part of the application was not considered by UKVI then our immigration lawyers can assist requesting that the error be corrected and, if appropriate, submit a new online sponsor licence application.

What is the Sponsorship Management System (SMS)?

The SMS is an online tool that allows sponsors to manage their sponsorship duties and report changes

What is the Resident Labour Market Test (RLMT)?

The RLMT was a requirement under the old Tier 2 system, but it is no longer required for the Skilled Worker visa.

Get help with your Sponsorship Licence Application

Our Lawyers are experts in helping businesses obtain a Sponsorship Licence. They have a proven track-record of success and they can assess your eligibility for this scheme. Contact us today to find out how we can assist you.

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What is the difference between Refused, revoked and rejected Sponsorship Licence?

Refusal

There is no right of appeal against the refusal of an application for a sponsor licence.
If the Sponsor Licence Refusal decision was the result of either a caseworker error or because supporting evidence sent as part of the application was not considered by UKVI then our immigration lawyers can assist requesting that the error be corrected and, if appropriate, submit a new online sponsor licence application.
If the decision to refuse a sponsor licence application was unlawful, unreasonable, or procedurally improper, our immigration lawyers can apply for Judicial Review and provide representation at Judicial Review hearings.

Suspension

If UKVI believes that a sponsor is breaching their duties and posing a threat to immigration control, their sponsor licence may be suspended. If they are subject to a Sponsor Licence Suspension, they will not be able to sponsor new migrants, but their current sponsored migrants will be unaffected. UKVI may then reinstate their licence, downgrade it or revoke it

Revocation

If a sponsor is failing to meet their sponsor duties or is no longer operating in the UK, their licence will be revoked. If they are subject to a Sponsor Licence Revocation, any migrants that they sponsor will have their leave curtailed. The migrants will be given 60 calendar days to find alternative sponsorship or leave the UK

What are the compliance duties for a Sponsorship Licence?

Compliance duties for sponsors include:
– Monitoring immigration status and preventing illegal employment
– Maintaining migrant contact details and other records
– Monitoring and reporting migrant activity
– Ensuring that relevant professional registrations and accreditations have been obtained
– Reporting various changes of circumstances to the sponsor
– Complying with the law, including employment law and having relevant planning permission
– Cooperating with the Home Office

How to Upgrade Sponsorship Licence application?

A sponsorship licence application once submitted can be upgraded to a Priority service. Our team of Lawyers can request your standard Licence application to a Priority one. The expedited processing of the application will cost £500 extra on top of the initial Licence fees paid.
If your licence application is accepted for the Priority Service option, you should expect the outcome with in 10 working days.

Who is a Sponsorship Licence Authorising Officer?

The Authorising officer should be the most senior person responsible for the recruitment of all migrant workers and to ensure all sponsor duties are met.
The authorising officer does not have automatic access to the management system, they will need to request access as a level 1 or 2 users.

Who are the key personnel involved with your Licence?

When the company applies for the Sponsorship Licence must appoint personnel to carried out some administrative duties while holding the licence.
– Authorising Officer
– Key Contact
– Level 1 User
– Level 2 User

Who can be a Key Contact on a Sponsorship Licence?

A Key contact is the person who acts as the main contact between the Home Office and the sponsored company. The Home Office will contact the key contact if they have any questions about the licence application, documents, or the payment. The Key contact does not have automatic access to the Management system, they will need to request access as a level 1 or 2 users.

Who can be a level 1 user on the Sponsorship Licence?

  • An employed staff member or officeholder within your organisation
  • A UK based legal representative
  • An employee of a third-party organisation engaged by you to deliver all or part of your HR function.

Who cannot be a level 1 user on the Sponsorship Licence?

  • Contractor
  • A consultant who is contracted for a specific project.
  • A Temporary staff member supplied to you by an agency.
  • An undischarged bankrupt individual

What is the role of a Level 1 user on the Sponsorship Licence?

  • Assign Certificates of sponsorship to workers.
  • Ask for an increase in the number of COS you can assign.
  • Any changes within the organisation
  • Any changes to your details
  • Report any activity related to the Sponsored migrant.
  • Withdraw a Certificate of sponsorship
  • Change to work addresses, user details.
  • View information about the licence

How can Morgan Smith Immigration Help?

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