The UK Government has put in place requirements for UK employers and businesses to obtain a sponsorship licence if they intend to hire a foreign worker from outside or inside the UK.
There is no need to have a company in operation for a certain length of time to apply for a sponsor licence.
Requirements for a Sponsor Licence
A business intending to apply for a UK Sponsorship Licence must meet the following requirements –
Must have a robust HR procedure in place to meet the compliance requirements;
Must intend to hire a genuine worker with relevant skills and experience (Skilled Worker);
Should be lawfully trading in the UK with genuine activities;
Must have the key personnel – authorizing officer/Level 1 user – who should not be under immigration control and should be honest and timely report company activities and worker activities via the sponsor management system and not have criminal offence;
When applying must be able to provide at least 4 documents from Appendix A Supporting Documents;
The company should not have been rejected a sponsor licence in the last 6 months.
Certain companies have mandatory documents or registration requirement, such as a care home would need CQC registration if operating in England.
Process for Sponsor Licence Application
Once an organization meets the relevant requirements, the authorizing officer needs to create an account to apply for the sponsor licence. In order to create an account, you only need an email address and your full name. Upon registration you will get a user id and a temporary password will be emailed to you. You should change your password and make a record of the login details.
You will need to fill in the application form and select the relevant documents which you need to provide according to the organization type.
Whilst completing the application you will need to request for certificate of sponsorship (Also known as CoS), the CoS request at the time of completing the form is for workers you intend to hire from inside the UK. The CoS to sponsor workers from inside the UK is called the undefined CoS, which is granted on annual basis after receiving the sponsor licence.
The CoS to sponsor workers from outside the UK is known as defined CoS, this can only be requested once you have been granted a sponsor licence.
You should also provide all the details for the authorizing officer including the immigration status and if they want to appoint another person from the organization to manage the sponsor management system, they can appointment a level 1 user. A representative can also be appointment as a level 1 user after the approval of the sponsor licence.
Before submitting the sponsor licence application, you must make sure you have provided answers to the questions on Appendix A, these are to be provided as an attachment with the supporting documents. The questions include information on the business and the details about the vacancy you wish to hire the worker for.
If you already have the employee working with on another visa or you have shortlisted someone you intend to hire, then you will also be requested to provide the details of the person you want to hire.
A representative can also complete your application; however, it must be submitted by the authorizing officer.
Interview for Sponsor Licence
Since April 2024 there have been changes to the sponsor licence process and now the Home Office can decide to interview the authorizing officer on the compliance requirements, such as right to work check, etc. The interview is carried out via Microsoft teams and there are certain compliance questions which are sent to the company before the interview is carried out.
Visa and Migration Ltd assists in preparation of the interview and advises of the compliance requirements to be followed by the organization.
Appropriate salary for Skilled Worker
The authorizing officer must be aware of the appropriate salary for the particular role the intend to hire a worker for, the occupations must be eligible under Skilled Occupations Code (SOC) 2020.
The minimum salary for the roles currently depends on the immigration status, age and job title and the applicant must score the points for salary. If the salary is not appropriate is can result in refusal of the sponsor licence.
Salary of £38,700 or higher if on the occupation code – if applying for skilled worker visa after 04 April 2024; or
Salary of £34,830 or 90% rate on the occupation code, if higher than £34,830, if you hold PhD and applying after 04 April 2024; or
Salary of £30,960 or 80% of going rate on the occupation code, whichever is higher – 20 Points, relevant if you hold PhD in STEM subjects and are applying skilled worker visa after 04 April 2024; or
Salary of £30,960 or higher if on the occupation code, for job title on Immigration Salary List; or
Salary of £30,960 or 70% rate on the occupation code, if higher than £30,960 for New Entrant – employee who are below 26 years of age, or present in the UK on a Tier 4 Visa who complete the degree or PG diploma in education or in post-doctoral program or apply after end date on CAS, Graduate visa or New Entrant Salary can only be paid for 4 years; or
Salary of £23,200 or higher if on the occupation code, applicants after 04 April 2024 under Health and Care job roles in Table 3 of Appendix Skilled Occupations
The sponsor licence application process is therefore quite technical and has a complex process, however, if you need assistance and advice on the sponsor licence process you can contact Visa and Migration Ltd
