Most businesses in the United Kingdom require a sponsor licence to employ a foreign worker. A sponsor licence is not required for certain people, for example, British citizens, settled persons with indefinite leave to remain or enter in the United Kingdom, persons with settled or pre-settled status under the EU Settlement Scheme etc.
Sponsor licences will be refused to persons who have unspent criminal convictions for immigration offences or certain other crimes such as fraud or money laundering.
A business has to have in place a robust HR system that allows them to monitor their workers’ immigration statuses, record workers’ personal details etc.
The type of sponsor licence sought depends on the immigration route that the overseas worker is seeking to be sponsored for. There are general and specific requirements for businesses to comply with.
General requirements
The Home Office needs to be satisfied that a business:
A) is operating lawfully in the United Kingdom.
B) is carrying on its business honestly, dependably, reliably and not engaging and have not engaged in behaviour or actions that are not conducive to the public good.
C) is capable of carrying out its sponsor duties and meeting its obligations according to the sponsor guidance.
In general, the Home Office requires four documents (including any documents described as mandatory) or a combination of documents from the four lists in the sponsor guidance.
Examples of documents that must be submitted include but are not limited to this list:
It is also required by the Home Office that certain information is provided when making an application for sponsor licence. The reason why the business is applying for a sponsor licence should be stated. The sector of operation of the business and the opening/operating hours should also be stated. A current hierarchy chart detailing any owner, director and board members should be indicated. For businesses having fifty employees or fewer must list all employees and set out the names and titles of all staff.
The sponsor application must indicate the key personnel of the business.
Authorising Officer must be a senior and competent person responsible for the actions of staff and representatives who use the Sponsorship Management System (SMS).
Key Contact is a person who is the main point of contact with UK Visas and Immigration (UKVI).
Level 1 User is responsible for all day-to-day management of your licence using the SMS.
Our experienced and qualified immigration lawyers can advise in relation to making an application for sponsor licence, and for advice in relation to complying with duties under the Sponsor Guidance and SMS.
The information contained here is for information purposes only and does not constitute legal advice. There is no express or implied warranty given as to its accuracy or comprehensiveness and no liability is accepted for any error or omission. For bespoke advice tailored to your specific situation, please contact our us.
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