Sponsor License Application

To be eligible to begin a UK Sponsor Licence application, a business must be based in the UK and meet the following requirements:

• Prove that they are a legitimate business operating and/or trading lawfully in the UK
• Prove that the foreign skilled worker is required for this specific job
• Not have a history of failing to meet sponsorship duties
• Not have any unspent criminal convictions
• Pay an appropriate salary rate to their migrant employees

The Home Office will expect proof that the business is genuine and has a legitimate need for an overseas worker. Sponsors are no longer required to conduct a Resident Market test however, they must be able to prove to the Home Office that the employment of a foreign worker is necessary for their business. Therefore, the Home Office may intend to validate this need through a visit to the company during the application process.

A Sponsor License will be needed to employ anyone from outside the UK under a

• Skilled Worker Visa (this includes Sportsperson Visa and Minister of Religion Visa)
• Global Business Mobility Visa (this includes the Senior or Specialist Worker Visa formerly known as the Intra-company transfer visa)
• Temporary Work Visa
• International Sportsperson Visa

Depending on the type of worker required, the relevant Sponsorship Licence application will need to be made. For example, a skilled worker sponsor licence for the Skilled Worker Visa, etc. Each type of sponsorship licence will require a specific set of requirements. For more information regarding the eligibility criteria for your specific sponsor licence applications, get in touch with one of our experienced immigration attorneys for detailed advice.

Foreign nationals who would like to travel to the UK to take part in temporary work as skilled workers will need to apply for a Temporary Worker Visa. This visa is divided into the following subcategories:

• Creative Worker (for artists or entertainers who would like to come to the UK to work for a period of up to 2 years)
• Charity Worker (unpaid charity workers can stay in the UK for up to 1 year)
• Religious Worker (individuals working in a religious order or organization can stay in the UK for a period of up to 2 years)
• Government Authorised Exchange (foreign nationals coming to the UK to work on research projects or training for the purpose of exchanging knowledge)
• International Agreement (foreign nationals such as government workers who are coming to the UK under a job role that is covered by international law)
• Graduate Trainee under the Global Business Mobility Visa (for foreign workers who are transferring to their employer’s UK branch to take part in a graduate training program)
• Service Supplier under the Global Business Mobility Visa (or foreign workers under contract who are coming to the UK to provide services with a UK company)
• UK Expansion Worker under the Global Business Mobility Visa (for foreign workers who are sent to the UK for the purposes of setting a new branch or subsidiary of an overseas business)
• Secondment Worker under the Global Business Mobility (for foreign workers who are transferred to the UK for the purposes of working at different UK businesses as part of a high-value contract)
• Seasonal Worker (Foreign workers can come to the UK for up to 6 months in order to work in ‘edible horticulture’ tasks such as picking fruit and vegetables)

You can submit your Sponsor License application online. Along with completing your online sponsor licence application, you will also need to provide adequate supporting documents to the Home Office which will use them to review your case. You don’t need to provide all the required documents if you are:

• A public body recognized by the UK government, such as a local authority
• A company listed on the London Stock Exchange Main Market

If you fail to attach all the relevant documents about your business and your circumstances, your application may be refused.

As part of the sponsor licence application process, you will be asked to make sure that your business is eligible and has no staff members who have any history of immigration offenses, crimes or history of failure to meet sponsorship duties. In addition, you will also be asked to nominate employees who will be responsible for the management of the sponsorship licence in the Sponsorship Management System (SMS). These employees must be senior members of the company but not shareholders.

After your sponsorship license and documents have been submitted, the business or company will then need to pay the Home Office fee. The cost of this sponsor licence fee will vary depending on the type of visa you intend to sponsor and the size of the business.

Most sponsorship applications are processed within 8 weeks. During that time, some businesses will receive a visit from the UKVI as part of the application process.

There are a variety of documents that you will need to send to support your sponsorship licence. The specific document checklist will depend on a variety of factors such as the type of visa you wish to sponsor and whether or not you are representing a public body, start-up, franchise, or SME.

Some of the documents you will need to submit may include the following:

• A recent business bank statement
• Any documents pertaining to the employer’s liability insurance (this must be at least £5 million and from an authorized insurer)
• Certificate of VAT registration
• Any documents pertaining to the employer’s registration with HMRC such as PAYE and Accounts Office Reference Number
• Any documents pertaining to the ownership or lease of business premises or rental agreements
• Any evidence that the business has local planning authority consent or the appropriate planning permission necessary to run the business at their trading address
• Documents pertaining to the company’s latest audited or unaudited accounts
• Evidence of the business’s registration with a regulatory body that inspects/monitors the business (if applicable)

Since most sponsorship licence applications require a UK resident to act as key personnel in the Sponsor Management System (SMS), the sponsor applicant may need to submit documents relating to the company’s HR processes to prove that they will be in compliance with their sponsorship duties.

These documents along with a detailed letter must be sent to the Home Office visa email within 5 working days. These documents can be submitted in pdf format, although jpeg and png formats are also accepted.

Sponsor licence holders must appoint employees within their business to act in key personnel roles that will manage the sponsor licence duties and responsibilities through the Sponsorship Management System (SMS). These roles include the following:

• The key contact. This person will act as the main point of contact between the business and the UK Visas and Immigration (UKVI).
• Authorising officer. This role is for a person in a senior position who is responsible for the actions of the staff and representatives.
• Level 1 user. The person in this role will be responsible for the day-to-day management of the sponsor licence.

If necessary, these roles can all be carried out by just one person. However, the Level 1 user must be an employee of the business whereas the key contact and authorising officer can be filled by third-party organizations. The individuals filling these roles will need to undergo certain background and security checks.

Furthermore, to keep their sponsorship licence, the sponsor must abide by the following requirements:

• Verify that their hired foreign workers have the necessary skills and qualifications for their role
• Assign the appropriate Certificate of Sponsorships (CoS) to foreign workers who are suitable for the job position
• Inform the UKVI is they have discovered that their employee is not in compliance with the terms and conditions of their visa

Sponsor licences are valid for 4 years with a possibility for extension if the licence holder has not violated any terms of the sponsorship duties and can still meet the eligibility criteria.

The Home Office will automatically notify organizations to renew their sponsorship licence before they are set to expire. Organizations must make sure that they apply for a renewal before their deadline expires.

Businesses who would like to renew their Sponsor Licence will need to make an application for renewal through the SMS and pay the designated sponsor licence fee. Applications for renewal can be submitted no sooner than 3 months before the current sponsor licence is set to expire.

If the sponsor licence expires before renewal is approved, the immigration status of foreign workers in the UK will be at risk. Therefore, it is highly recommended you stay up to date with the latest changes and always have a valid UK sponsorship licence for your business.

For small or charitable organizations the sponsor licence fees are as follows:

• Worker Sponsorship licence: £536
• Temporary Worker Sponsorship licence: £536
• Worker and Temporary Worker Sponsorship licence: £536

It should be noted that as a small or charitable organization, there is no fee for adding a Worker Licence to an existing Temporary Worker Licence or for adding a Temporary Worker licence to an existing Worker licence.

For medium or large sponsors, the sponsor licence fees are as follows:

• Worker Sponsorship licence: £1,476
• Temporary Worker Sponsorship licence: £536
• Worker and Temporary Worker Sponsorship licence: £1,476
• Adding a Worker Licence to an existing Temporary Worker Licence: £940
• Adding a Temporary Worker licence to an existing Worker licence: no fee

Sponsors will need to pay this fee every time they renew their sponsorship licence.

The lawyers at IAS can help with every stage of the sponsorship application process. Our packages ensure that the applying business meets all the expectations set out by the Home Office. We also provide advice and assistance in choosing the right Sponsor License for your business’s needs.

This service will prepare businesses for the ‘Genuine Business Test’ and the visit from the Home Office. Our advisers can inform staff of how to operate the Sponsorship Management System before they begin their application. Make an inquiry online or get in touch at +1 844 290 6312 today for more information and advice for a UK-based business interested in employing overseas workers.