In order to employ most types of workers from outside the UK, including Skilled Visa workers, it is necessary to obtain a sponsor licence. This licence is obtained through an application process with the Home Office Sponsor Management System (SMS), which requires the payment of applicable fees.
If you are interested in applying for a sponsor licence and would prefer to discuss your options directly with Jobs and Visas, please send and email to [email protected] or use the contact us form.
The Home Office carefully assesses sponsor licence applications, granting them only to organisations that can demonstrate their ability to meet the necessary requirements. This includes showcasing the specific roles they are recruiting for and the workers they intend to sponsor. Additionally, organisations must have HR systems in place that comply with the sponsorship compliance duties.
Becoming a UK visa sponsor
The Home Office's comprehensive guidance on sponsoring workers can be found in the Workers and Temporary Workers: Guidance for Sponsors Navigating through this vast amount of information can be challenging for employers seeking to understand the implications of obtaining a sponsor licence and fulfilling the associated duties.
In this article, we aim to summarise the requirements employers must meet when applying for a sponsor licence and the obligations they must adhere to once the licence is obtained. We will provide valuable insights into the criteria that the Home Office's UK Visas & Immigration department (UKVI) considers when processing and evaluating sponsor licence applications.
By presenting this information concisely and clearly, we aim to facilitate a better understanding of the process, requirements, and potential challenges associated with securing a sponsor licence.
Understanding UK Visa Sponsorship: A Comprehensive Overview
Points-Based Immigration System
Under the UK's points-based immigration system, non-UK residents seeking employment in the country can explore various sponsored work visa options. These include Skilled Worker visa and the Health and Care Worker visa.
All of these visa categories necessitate sponsorship from a licensed employer. To hire workers under these visas, employers must apply for a sponsorship licence from UK Visas & Immigration (UKVI), which is the Home Office division responsible for UK immigration.
The sponsorship licence grants organisations the authority to sponsor workers within their business. It's important to note that only organizations, not individuals, can hold the status of a licensed 'sponsor.'
The sponsorship regime plays a crucial role in preventing illegal working and safeguarding the integrity of the immigration system. By accepting the responsibility of becoming a sponsor licence holder, your organization assumes specific compliance obligations, subjecting it to Home Office scrutiny.
The sponsorship oversight serves the following purposes: ensuring compliance by requiring sponsors to fulfill all compliance duties associated with sponsoring migrant workers, validating worker eligibility by ensuring sponsored workers meet the required points criteria, possess suitable qualifications and skills, and demonstrate proficiency in the necessary language skills, and verifying role requirements by ensuring sponsored roles meet the prescribed standards for skill level, salary, and authenticity.
Failure to meet these duties can result in enforcement actions, ranging from significant fines to licence revocation. Such consequences would not only jeopardise your organisation but also cause visa workers to lose their jobs and curtail their visas, ultimately forcing them to prematurely leave the country.
By highlighting these key points, we aim to provide a comprehensive understanding of UK Visa sponsorship, emphasising the importance of compliance and the potential ramifications of non-compliance.
Ancestral Visas and Youth Mobility Scheme Visas
In addition to the sponsored work visas mentioned earlier, it is worth noting two other visa options that offer unique opportunities for individuals with ancestral ties to the UK. These are the Ancestral Visa and the Youth Mobility Scheme Visas and do not require a sponsor's licence.
The Ancestral Visa is available to individuals who can prove that they have a grandparent born in the UK. This visa enables individuals to live and work in the UK for up to five years with the potential to apply for settlement thereafter. It provides a pathway for those with strong ancestral connections to the UK to establish their lives and careers in the country.
Another option is the Youth Mobility Scheme (YMS) Visas, which are available to young adults from specific countries with bilateral agreements with the UK. Through the YMS, individuals aged 18 to 30 (or in some cases, 18 to 35) can live and work in the UK for up to two years. This scheme promotes cultural exchange and allows young people to experience life in the UK while gaining valuable work experience.
Countries that maintain strong ties to the UK through ancestral connections or bilateral agreements for the YMS include Australia, Canada, New Zealand, South Africa, and several others. Eligible individuals from these countries can explore these visa options to embark on exciting opportunities in the UK.
By mentioning the Ancestral Visa and the Youth Mobility Scheme Visas, we recognise the broader range of immigration routes available to individuals with ancestral connections and young adults seeking temporary work experiences in the UK.
UK Sponsor Licence Requirements & Eligibility
There are a number of requirements that you must meet in order to be eligible for a sponsor licence. These requirements include:
You must be a genuine employer with a legal presence in the UK.
You must have a good track record of compliance with immigration law.
You must have the right systems and processes in place to manage sponsorship effectively.
You must pay the relevant application fee.
The Home Office will assess your application to see if you meet the requirements for a sponsor licence. If your application is successful, you will be granted a sponsor licence for a period of four years.
Good character: You and your key personnel must have good character. This means that you must not have any unspent criminal convictions for immigration offences or certain other crimes, such as fraud or money laundering.
Compliance: You must have a good track record of compliance with immigration law. This means that you must not have had your sponsor licence revoked in the past 12 months.
Management: You must have the right systems and processes in place to manage sponsorship effectively. This includes having a dedicated sponsorship team, clear policies and procedures, and the ability to monitor and track sponsorship activity.
Financial resources: You must have the financial resources to support the sponsorship of migrant workers. This means that you must have a clear business plan and be able to demonstrate that you can pay the relevant fees and salaries.
In addition to these criteria, you will also need to provide certain documents to support your application for a sponsor licence. These documents include:
Your latest audited annual accounts.
Employer's liability insurance certificate.
Certificate of VAT registration.
Latest corporate bank account statement.
HMRC registration evidence, such as including PAYE number and accounts office reference number.
Once you have a sponsor licence, you can start sponsoring migrant workers to come and work for you. However, there are a number of rules and regulations that you must follow when sponsoring migrant workers. These rules and regulations are designed to ensure that migrant workers are treated fairly and that they do not have their rights abused.
Eligible Roles for Skilled Worker Visas
Determining which roles can be sponsored under a skilled worker visa involves several considerations and criteria that must be met. It is important to note that not all roles are eligible for sponsorship under this visa category.
Here are the key factors to consider:
Skill and Salary Levels: The sponsored role must meet the specified skill and salary thresholds set by the visa requirements. These criteria ensure that the role is considered skilled and meets the appropriate remuneration standards.
Exclusions in Sectors and Niches: Certain sectors or niche areas may have restrictions or exclusions regarding sponsorship eligibility. It is essential to be aware of any specific regulations or limitations that apply to the particular industry or job category.
To secure sponsorship for a skilled worker visa, the proposed role must fulfill the sponsorship criteria and achieve a minimum of 70 points under the visa route assessment. These points are awarded based on various factors, including skill level, salary, and language proficiency.
To understand if a particular role or individual is eligible please try our UK Skilled Worker Visa Point Calculator which will quickly help you identify if a role is eligible for sponsorship.
By carefully considering these requirements, employers and prospective visa applicants can ascertain which roles qualify for sponsorship under the skilled worker visa scheme.
Skilled Worker Visa Qualification Criteria
The UK Skilled Worker Qualification Criteria are a set of requirements that a role must meet in order to be eligible for a Skilled Worker visa. These criteria include:
Skill Level: The first criterion for a skilled worker visa is that the role being offered must meet a specific skill level. The occupation must be classified as at least a Level 3 on the UK's Regulated Qualifications Framework (RQF). This ensures that the position requires a certain level of skill and expertise, adding value to the UK labor market.
Job Offer from a Licensed Sponsor: To apply for a skilled worker visa, an individual must have a job offer from a licensed sponsor in the UK. The prospective employer must hold a valid sponsor licence granted by the Home Office. It is crucial to confirm that the employer is an approved sponsor before proceeding with the visa application.
Language Proficiency: Proficiency in the English language is a fundamental requirement for a skilled worker visa. Applicants must demonstrate their ability to communicate effectively in English by meeting specific language standards. This typically involves providing evidence of English language proficiency through recognized tests such as the IELTS (International English Language Testing System).
Salary Requirements: Employers sponsoring individuals on a skilled worker visa must meet specific salary thresholds. The salary offered for the sponsored role must meet or exceed both the minimum salary requirement and the "going rate" for that particular occupation. These salary requirements ensure that migrant workers are compensated fairly and that the role aligns with the labor market standards.
Points-Based System: The skilled worker visa operates on a points-based system, and applicants must score a minimum of 70 points to be eligible. Points are awarded based on factors such as having a valid job offer, meeting the skill level requirement, English language proficiency, and meeting the appropriate salary threshold. Additional points can be earned for certain attributes, such as having a Ph.D. qualification or working in a shortage occupation.
In addition to these criteria, the role must also be classified under a specific occupation code in the UK's Standard Occupational Classification (SOC) system. The SOC system is a comprehensive classification of all occupations in the UK. It is used by the government, employers, and other organizations to categorize occupations and to compare the skills and qualifications required for different roles.
To find out if a role is classified under a SOC code that is eligible for a Skilled Worker visa, you can use the UK government's online SOC job checker tool. This tool will allow you to search for a role by occupation title or SOC code.
If you are sponsoring a skilled worker from outside the UK, it is important to make sure that the role you are sponsoring is eligible for a Skilled Worker visa. You can find more information on the UK Skilled Worker Qualification Criteria on the UK government website.
What is the SOC system?
The SOC system is a comprehensive classification of all occupations in the UK. It is used by the government, employers, and other organizations to categorize occupations and to compare the skills and qualifications required for different roles.
The SOC system is divided into 26 main occupational groups, which are further divided into 820 occupation codes. Each occupation code has a detailed description of the role, the skills and qualifications required, and the typical pay and working conditions.
The SOC system is updated every few years to reflect changes in the labour market. The latest version of the SOC system was published in 2020.
How is the SOC system used to determine if a job/role is eligible for sponsorship?
The SOC system is used to determine if a job/role is eligible for sponsorship by identifying the occupation code for the role. The occupation code for a role can be found in the UK government's online SOC job checker tool.
If the occupation code for a role is on the UK's Shortage Occupation List (SOL), then the role is eligible for sponsorship. If the occupation code for a role is not on the SOL, then the role may still be eligible for sponsorship if it meets the other Skilled Worker Qualification Criteria.
UK Sponsor Licence Compliance
As part of the UK's immigration system, sponsor management compliance plays a pivotal role in ensuring the integrity of the sponsorship regime. Employers who hold a sponsor licence must adhere to stringent compliance duties imposed by the Home Office. This article explores the importance of sponsor management compliance and highlights key aspects that employers must consider to meet their responsibilities effectively.
Meeting Sponsorship Obligations: Sponsors are entrusted with specific obligations to maintain compliance. These include ensuring accurate record-keeping, reporting changes or events to the Home Office, and maintaining up-to-date migrant worker information. Employers must diligently fulfill these duties, as failure to do so can lead to severe penalties, such as fines or revocation of the sponsor licence.
Monitoring and Reporting Migrant Activity: Effective sponsor management compliance requires employers to have robust systems in place to monitor the activities of their sponsored migrant workers. Regular reporting to the Home Office is necessary to provide accurate and timely information, including details of any changes in employment, such as job title, salary, or work location. This transparency ensures that the Home Office remains informed about the sponsored workers' status and adherence to visa conditions.
Compliance with Right to Work Checks: Employers must conduct thorough right to work checks for all employees, including sponsored workers. This involves verifying their eligibility to work in the UK and retaining appropriate documentation as evidence. Adhering to these checks not only ensures compliance but also safeguards against employing individuals without the legal right to work, protecting both the employer and the sponsored workers.
Record-Keeping and Document Retention: Accurate record-keeping is a cornerstone of sponsor management compliance. Employers must maintain detailed records related to sponsored workers, including employment history, visa documentation, right to work checks, and any relevant correspondence with the Home Office. These records serve as crucial evidence of compliance and should be retained for the specified retention period to meet Home Office requirements.
Compliance Audits and Inspections: The Home Office conducts periodic audits and inspections to assess sponsor compliance. Employers should be prepared for these visits by ensuring that all necessary documentation and processes are in order. Proactive measures, such as internal audits and regular reviews of compliance procedures, can help identify and rectify any issues before the Home Office inspection.
Staying Up-to-Date with Changes: UK immigration regulations and sponsor management requirements are subject to change. Employers must stay informed about any updates to the rules and guidance provided by the Home Office. This includes changes to salary thresholds, skill level requirements, and compliance duties. Regularly reviewing the Home Office's guidance and seeking professional advice can ensure ongoing compliance with the latest regulations.
Sponsorship Roles & Levels
If you are a UK employer intending to sponsor a worker from outside the UK to join your organisation, it is crucial to designate specific individuals to oversee the sponsorship process. These key personnel will require varying levels of access to the UKVI sponsorship management system (SMS) to effectively manage the sponsorship responsibilities.
The appointment of key personnel serves several purposes, including:
Authorising Access to SMS: To manage the sponsorship process smoothly, designated personnel will require access to the UKVI SMS. This system allows employers to carry out essential tasks such as assigning certificates of sponsorship, reporting employee changes, and maintaining compliance with sponsorship duties.
Managing Sponsorship Compliance: Appointing key personnel helps ensure that the sponsorship process complies with the UKVI's requirements. These individuals will be responsible for maintaining accurate records, reporting changes promptly, and ensuring compliance with immigration laws and regulations.
Coordinating Communication with UKVI: Designated personnel act as the primary point of contact between the employer and the UKVI. They will liaise with the Home Office, respond to inquiries, and provide the necessary documentation and information as required.
It is important to carefully consider the roles and responsibilities of each key personnel member based on the organization's size and the complexity of the sponsorship process. The roles may include a Sponsorship Manager, who oversees the overall process and ensures compliance, and an Authorizing Officer, responsible for assigning certificates of sponsorship and managing the SMS on a day-to-day basis.
By allocating the appropriate level of access to the SMS to these key personnel, employers can effectively navigate the sponsorship process and meet their obligations as sponsors. This includes ensuring that individuals with access have the necessary training and understanding of the SMS to carry out their roles accurately and efficiently.
The required UKVI sponsorship roles and levels of users are as follows:
Authorising Officer: The Authorising Officer is the most senior role in the sponsorship process. They are responsible for ensuring that the sponsor complies with all UK immigration rules and regulations. The Authorising Officer must have level 2 access to the SMS.
Key Contact: The Key Contact is the main point of contact between the sponsor and UKVI. They are responsible for communicating with UKVI on behalf of the sponsor and for ensuring that all compliance requirements are met. The Key Contact must have level 2 access to the SMS.
Level 1 User: Level 1 Users are responsible for day-to-day management of the sponsorship process. They can create and manage sponsor licence applications, assign certificates of sponsorship (CoS), and make changes to sponsor licence details. Level 1 Users must have level 1 access to the SMS.
Level 2 User: Level 2 Users have the same permissions as Level 1 Users, but they can also view and download sponsor licence reports. Level 2 Users must have level 2 access to the SMS.
In addition to these required roles, sponsors may also appoint other users to the SMS, such as HR staff or representatives from third-party organisations that provide HR services. These users will need to be assigned the appropriate level of access, depending on their role in the sponsorship process.
It is important to note that the roles and levels of users described above are the minimum requirements for sponsorship. Sponsors may need to appoint additional key personnel or users, depending on the size and complexity of their business.
How to Apply for a UK Sponsorship Licence
If you are a UK employer who wants to sponsor a worker from outside the UK to come and work for you, you will need to apply for a sponsor licence. A sponsor licence is a legal document that allows you to sponsor migrant workers to come and work in the UK.
Contact Jobs and Visas for a Licence Sponsor Cheat Sheet
To apply for a sponsor licence, you will need to do the following:
Check your eligibility: You must meet the eligibility criteria for a sponsor licence. These criteria include being a genuine employer with a legal presence in the UK, having a good track record of compliance with immigration law, and having the right systems and processes in place to manage sponsorship effectively.
Gather your supporting documents: You will need to provide certain documents to support your application for a sponsor licence. These documents include your latest audited annual accounts, employer's liability insurance certificate, certificate of VAT registration, latest corporate bank account statement, and HMRC registration evidence.
Complete the application form: You will need to complete the sponsor licence application form. The application form is available on the GOV.UK website
Pay the application fee: The application fee for a sponsor licence varies depending on the size of your business. Small and charitable sponsors pay £536, while medium and large sponsors pay £1,476.
Submit your application: Once you have completed the application form and paid the application fee, you can submit your application to UKVI.
The application process for a sponsor licence can take several months, although an expedited service is available for a decision within 10 working days. UKVI will assess your application to see if you meet the requirements for a sponsor licence. If your application is successful, you will be granted a sponsor licence for a period of four years.
Once you have a sponsor licence, you can start sponsoring migrant workers to come and work for you. If you are interested in applying for a sponsor licence and would prefer to discuss your options directly with Jobs and Visas, please send and email to [email protected] or use the contact us form.
Here are some additional tips for applying for a UK sponsorship licence:
Start the application process early. The application process can take several months, so it is important to start the process early.
Make sure you have all the required documents. You will need to provide certain documents to support your application for a sponsor licence. Make sure you have all the required documents before you start the application process.
Check your eligibility. You must meet the eligibility criteria for a sponsor licence. Make sure you check your eligibility before you start the application process.
Complete the application form carefully. The application form is a legal document, so it is important to complete it carefully.
Pay the application fee. The application fee for a sponsor licence varies depending on the size of your business. Make sure you pay the correct application fee.
Follow up on your application. Once you have submitted your application, you should follow up with UKVI to check on the progress of your application.
Supporting documents
When applying to become a UK visa sponsor, several documents and information are typically required to complete the application process. While the specific requirements may vary based on the type of sponsor licence and individual circumstances, here is a list of commonly requested documents:
Sponsor licence application form: You will need to complete the sponsor licence application form. The application form is available on the UK government website.
Evidence of legal presence in the UK: This could include a copy of your business's registration certificate, or a copy of your lease agreement.
Latest audited annual accounts: This shows your business's financial health.
Employer's liability insurance certificate: This shows that you have insurance in place to cover your employees in the event of an accident.
Certificate of VAT registration: This shows that you are registered for VAT.
Latest corporate bank account statement: This shows your business's financial activity.
HMRC registration evidence: This shows that you are registered with HMRC.
Evidence of systems and processes for managing sponsorship: This could include a copy of your sponsorship policy, or a description of your HR procedures.
Declaration from Authorising Officer: This is a statement from the Authorising Officer of your business confirming that they have read and understood the sponsor guidance.
Sponsor licence applicants now have the convenience of submitting their supporting documents to the Home Office via email in PDF format. However, it is important to note that these documents must be provided within five days of submitting the application on the Sponsorship Management System (SMS), with some flexibility offered temporarily due to emergency pandemic measures.
Considering the narrow timeframe to examine Appendix A, identify relevant tables, and gather all necessary documents, employers are strongly advised to prepare their supporting documentation in advance of completing the application form. This proactive approach allows for sufficient time to collate the required information accurately.
In practice, organisations often require several weeks to gather all the necessary documents. While this may extend the time required to obtain the sponsor licence, it helps mitigate potential issues and minimises the risk of rejection due to errors in the supporting documentation.
By preparing the supporting documentation pack in advance, employers can streamline the application process, ensuring compliance and enhancing the chances of a successful sponsor licence application. It is a prudent strategy that saves time and reduces the likelihood of complications arising from incomplete or incorrect documentation.
Skilled Worker Visa Costs for Sponsors
Employers in the UK are required to possess a valid sponsor licence in order to hire non-UK resident workers through most work visa routes. It's important for employers to consider the costs associated with being a sponsor licence holder when planning their recruitment and ongoing employment budgets.
The Home Office has implemented a tiered fee system for sponsorship licence applications, categorised as follows:
Small Businesses & Charities Sponsor Licence:
If an organisation falls under the definition of a small business according to the Companies Act or is a charity, they will be subject to the small company application fee, which amounts to £536.
An organisation qualifies as a small company if at least two of the following conditions are met:
The company's turnover does not exceed £10.2 million.
The company's balance sheet total does not exceed £5.1 million.
The company employs no more than 50 individuals.
Large Business Sponsor Licence:
Companies that do not meet the small business definition will be required to pay the large business fee of £1,476.
Table 1: Summary of the costs of becoming a visa sponsor:
Costs of UK Visa Sponsorship | Fee |
|---|---|
Small Business Sponsor Licence Application Fee | £536 |
Large Business Skilled Worker Sponsor Application Fee | £1,476 |
Expedited processing of sponsor licence applications | £500 |
Workload of UKVI, and the availability of resources.
In general, the standard processing time for a sponsor licence application is 8 weeks. However, there are a number of factors that can extend the processing time, such as:
Incomplete applications: If your application is incomplete, UKVI will not be able to process it and you will need to resubmit the application once it is complete.
Requirements not met: If your application does not meet the requirements for a sponsor licence, UKVI will not be able to process it and you will need to make changes to your application.
Compliance checks: UKVI may conduct compliance checks on your business before they make a decision on your application. This can add to the processing time.
If you are concerned about the processing time for your sponsor licence application, you can contact UKVI for an update.
Here are some additional tips for speeding up the processing of your sponsor licence application:
Start the application process early. The earlier you start the application process, the sooner you will receive a decision.
Make sure your application is complete. This will help to ensure that your application is processed as quickly as possible.
Provide clear and concise information. This will make it easier for UKVI to understand your application and make a decision.
Need help in becoming a UK sponsor?
Navigating the complexities of UK immigration rules and complying with the demanding and costly requirements for bringing overseas talent to the UK can be challenging for employers. At Jobs and Visas, we understand the intricacies of the process and offer a comprehensive employer sponsorship licence application service. Our team of highly experienced UK immigration specialists can provide the expertise and guidance necessary to ensure a prompt and stress-free application process.
We assist clients with all aspects of the sponsor licence application, including the preparation of the required documents and evidence. Our in-depth knowledge of the documentary and evidentiary requirements ensures that your application meets all the necessary criteria. We also offer guidance on best practices for managing the licence and help you navigate potential enforcement issues.
With our expertise, we excel in handling complex applications involving group organisations, time-sensitive applications, and cases where previous applications have been refused. We understand that the Home Office's reasons for a failed application may not always be clear. By thoroughly assessing the original application, we can identify areas that need to be addressed and provide guidance on rectifying them for a new or amended application. We can also identify any factual errors made by the Home Office and advise on the best approach to rectify them.
Our tailored advice takes into account processing times, cost considerations, and the likelihood of success. We strive to provide you with the most efficient and effective strategy for your specific circumstances.
If you require guidance or assistance with your sponsor licence application, please don't hesitate to email us at [email protected] or via the contact us form. Our team is ready to support you throughout the process, offering expert advice and ensuring a smooth application experience.
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