Skilled Worker Sponsor Licence – Apply Now
The Skilled Worker Sponsor Licence is a crucial asset for UK businesses aiming to enhance their workforce with global talent.
Everything You Need to Know About UK Skilled Worker Sponsor licences
What Is a Skilled Worker Sponsor Licence?
A Skilled Worker Sponsor Licence is mandatory for UK employers who intend to employ non-UK residents through the Skilled Worker route. This requirement is consistent across all types of employers, regardless of their size or the sector they operate in. It applies equally to private businesses, public limited corporations (PLCs), charities, and the public sector.
Obtaining this licence is the first step for an employer in hiring skilled workers from outside the UK. Once the licence is approved, the employer can provide the prospective employee a Certificate of Sponsorship. This certificate is a vital part of the process, confirming that the job offered is genuine and meets the criteria set out for Skilled Worker visas by the Home Office.
The Skilled Worker Sponsor Licence is offered for four years. For employers to continue their ability to sponsor skilled workers, it is essential to apply for renewal of this licence before its expiration. Keeping this licence active is crucial for businesses that rely on global talent to fill skilled roles within their operations in the UK.
Who can apply for a skilled Worker Sponsor Licence?
To apply for a UK business sponsor license, the applicant must be a genuine organization operating lawfully in the UK.
This includes:
Registered UK Businesses and companies
UK employers approved by the Home office
General Requirements
General Requirements for Skilled Worker Sponsor Licence Application
Applying for a Skilled Worker Sponsor Licence involves meeting specific requirements to ensure that only capable and legitimate organisations can sponsor skilled workers. These requirements aim to verify the authenticity, reliability, and capability of the organisation in fulfilling its sponsorship duties.
Verifying Organisation Authenticity
You must establish that your organisation is genuine and operates legally within the UK. This requires submitting at least four required paperwork, as described in Appendix A of the sponsor guidance. The exact documents required vary depending on your organisation’s circumstances and can include audited accounts, especially if legally required.
Appendix A categorises documents into different tables, each tailored for various organisations, like public authorities, companies listed on the London Stock Exchange, start-ups, franchises, charities, and others. These tables guide you on the specific evidence needed for your application.
Explanation of Role and Candidate
Alongside documentation about your organisation, the application requires details about the proposed job role and the candidate you have in mind. A crucial part of the process is explaining why your organisation needs a Skilled Worker Sponsor Licence.
Continued
Honesty and Reliability
The Home Office assesses the honesty, dependability, and reliability of your business and its key personnel. This assessment includes a review of the backgrounds of those involved in your application and the day-to-day running of your business.
Capacity To Fulfil Sponsor Duties
Demonstrating your capacity to carry out sponsorship tasks, such as reporting, documentation, and complying with UK immigration law, is an important element of the application process. The Home Office will examine your current HR and recruitment procedures to ensure you can effectively manage these responsibilities.
Reporting and Record-Keeping
As a sponsor, you will have specific duties related to reporting changes about sponsored workers or your business within set timeframes and maintaining accurate records of employment, contracts, salaries, and evidence supporting the genuineness of vacancies.
Home Office Visits
Be prepared for visits from the UK Home Office, either as part of the application process or at any point during your tenure as a sponsor licence holder. These visits, which can be announced or unannounced, are to inspect your HR systems, interview the Authorising Officer, and potentially speak with sponsored employees.
Job Specific Criteria
Job-Specific Criteria for Obtaining a Skilled Worker Sponsor Licence
When seeking a Skilled Worker Sponsor Licence, companies must also understand and satisfy route-specific standards. These ensure that the positions they seek to fill are consistent with the UK’s skilled worker immigration rules.
Skill Level Requirement
The required level of expertise for the position you seek to fill should be equivalent to that of an A-level or its corresponding level. The worker doesn’t need A-level qualifications, but the role must be at this skill level.
Eligible occupations for the Skilled Worker Sponsor Licence, along with their specific occupation codes, are detailed in the ‘Appendix Skilled Occupations’ section of the Immigration Rules.
Choosing the Right Occupation Code
As an employer, you must select an appropriate occupation code for the role. If the Home Office believes you haven’t chosen the most suitable code, the applicant’s visa application could be refused.
The choice of code should reflect a genuine need for the job, the applicant’s suitability in terms of skills, qualifications, and experience, as well as your history of compliance with immigration regulations.
Continued
Salary Level Requirement
The offered salary must meet the criteria specified in the Immigration Rules. This includes the general salary threshold, which is currently around £26,200 per year and is expected to rise to £38,700 from Spring 2024.
There are some provisions which can allow for lower earnings point under specific conditions, such as if the job is in a shortage occupation or the applicant is a new entrant to the labour market.
Genuine Employment Requirement
The Home Office will assess whether the job vacancy is genuine and satisfies the skilled worker route’s aptitude and wage requirements. If the job seems non-existent, a sham, or created mainly for the worker to apply for a visa, the licence application may be refused.
The Home Office also checks that the sponsored role is not essentially a position with a third party who is not the sponsor. There must be a direct employer-employee relationship between the sponsor and the skilled worker.
Required Documents for the Application
Documents Required for Skilled Worker Sponsor Licence
When you apply for a Skilled Worker Sponsor Licence, it’s important to be prepared with all the required supporting paperwork. The window for submitting these documents to UK Visas and Immigration (UKVI) is just five days from the date you submit your online application form. In order to satisfy this stringent deadline, it is recommended that you prepare all necessary documentation in advance.
The sponsor guidance’s Appendix A details the documents required to establish that your organisation is genuine and actively trading in the UK.
In general, in accordance with the guidelines provided in tables 1-4 of Appendix A, applicants are required to submit four distinct documents. However, this requirement does not apply to organisations recognised by the UK government as public bodies, such as local authorities or companies listed on the London Stock Exchange Main Market. These entities may have different documentation requirements.
Continued
In addition to these standard documents, applying for a Skilled Worker Sponsor Licence might require additional paperwork. These should be sent from the email recorded on your submission sheet.
You’ll need electronic copies of each document, which can be obtained by scanning or photographing them. While PDF is preferred, JPEG or PNG files are also acceptable. Using black and white images can help reduce the file sizes for easier sending.
It’s also crucial to remember that certified translations must accompany any documents not in English. This ensures that UKVI can adequately review and understand all the information provided.
Application Process
Skilled Worker Sponsor Licence Application Process
Applying for a Skilled Worker Sponsor Licence is a structured process that requires careful attention to detail and compliance with the Home Office’s guidelines.
Applying for a Skilled Worker Sponsor Licence is conducted electronically via the Home Office website, utilising the Sponsor Management System (SMS). Creating an account via SMS with the email address of your primary contact is the initial step.
You’ll receive a user ID and password, which are crucial for logging into the system and should be securely recorded.
As you fill out the form, it’s important to save your progress after each page to avoid losing any information. Once the form is filled, print the final submission sheet. The application form, coupled with the appropriate fee, should be delivered to the Home Office with the necessary supporting evidence, normally within a timeframe of five working days.
Appointing Key Personnel
The application requires you to assign specific roles to nominated individuals within your organisation:
- Authorising Officer: The most prominent person in charge of recruiting migrant workers and ensuring sponsor responsibilities are met.
- Key Contact: The main point of communication for UK Visas and Immigration (UKVI).
- Level 1 User(s): Accountable for regularly managing your licence on the SMS.
- Level 2 User(s): Users with more restricted access than Level 1 can be appointed once the licence is granted.
One person or different individuals can fill these roles, but all must be UK-based.
Workplace Inspection
Pre-licence Home Office Site Inspection
When applying for a Skilled Worker Sponsor Licence, applicants need to be prepared for a potential compliance visit from UK Visas and Immigration (UKVI). After your application is submitted, UKVI initially assesses the information provided to determine the risk level of the application.
This assessment is based on the eligibility criteria and the sponsor duties, which include personnel record-keeping, tracking and monitoring migrants, recruitment practices, and Right to Work systems to prevent illegal working.
If UKVI identifies any concerns or uncertainties regarding your application, they may conduct a compliance audit at your premises. These Home Office inspections can either be pre-arranged or unannounced. The increasing trend is towards unannounced visits, making continual compliance and readiness crucial.
Continued
During these inspections, Home Office officials can review your personnel documentation, HR policies, and various systems and processes. The aim is to ensure your organisation’s compliance with the immigration rules and to verify the genuineness of the job vacancy you are offering.
It is crucial to note that non-compliance identified during these inspections could lead to the refusal of your sponsor licence application. Therefore, applicants are strongly advised to prepare thoroughly after submitting their application.
Being ready for a Home Office inspection, with all systems and documentation in order, is vital to demonstrate full compliance and increase the likelihood of a successful application outcome.
Application Fees
Fees Associated With Skilled Worker Sponsor Licence
Understanding the fee structure for a Skilled Worker Sponsor Licence is essential for organisations planning to apply. For the Skilled Worker Licence, the fees are as follows:
- Small or Charitable Sponsors: £574
- Medium or Large Sponsors: £1,579
To categorise your organisation as a small sponsor, at least two of the following criteria should apply:
- Your annual turnover is £10.2 million or less.
- All of your assets are valued at £5.1 million or lower.
- You have 50 or less employees.
Charitable sponsors are defined as:
- Registered charities in England, Wales, Scotland, or Northern Ireland.
- Excepted charities.
- Exempt charities.
- Ecclesiastical corporations were established for charitable purposes.
Continued
You’re automatically considered a charitable sponsor if your organisation is a registered charity. If your organisation is not officially registered as a charity, you may need to provide proof of your charitable status for tax purposes from HM Revenue and Customs (HMRC).
If there is any uncertainty about which category your business falls into, it’s advisable to contact the Business Helpdesk at businesshelpdesk@homeoffice.gov.uk for clarification.
Please note that there are additional fees that you should be aware of which include assigning a certificate of sponsorship (CoS), renewing a licence, etc.
Skilled Worker Sponsor Licence Duties
Duties and Obligations of A Skilled Worker Sponsor Licence Holder
Holding a Skilled Worker Sponsor Licence comes with a set of important duties and obligations towards foreign workers. As a licence holder, an organisation is responsible for ensuring that the work conditions for sponsored workers comply with all UK legal standards.
This includes ensuring fair pay, reasonable work hours, and offering genuine employment opportunities. It’s essential that the employees have the right qualifications for their roles and that the business operates within the law.
The sponsor must ensure fair treatment of workers. This means providing reasonable pay and work expectations, as well as safeguarding them from any form of exploitation.
Upholding the public interest within the organisational environment is another important duty. This includes complying with the UK’s immigration laws and preventing any misuse of the sponsorship schemes.
Sponsor licence holders must closely monitor their employees. This monitoring focuses on the employees’ legal status in the UK and their compliance with immigration requirements.
Sponsors must be vigilant in recognising and reporting any unlawful behaviour or actions that do not align with the immigration rules. Ensuring safe working conditions and overall compliance with UK laws forms the foundation of these duties.
It is also mandatory for sponsors to provide contracts in both English and the worker’s native language, ensuring workers fully understand their roles and are aware of any potential health risks associated with their job.
Appealing a Refusal
Dealing With a Sponsor Licence Refusal
Dealing with the refusal of a Skilled Worker Sponsor Licence requires a careful and informed approach, as the reasons for refusal can vary widely. Common reasons include administrative errors, insufficient or erroneous documentation, and not fulfilling the eligibility benchmarks.
The specific reason for the refusal will dictate the appropriate next steps, typically involving either applying for a judicial review or submitting a new application for a sponsor licence.
Filing a Caseworker Error Correction Request
When a refusal is due to a caseworker error, it’s crucial to submit a “Caseworker Error Correction Request” to the Home Office.
Such errors may include overlooking important supporting documents or erroneously deeming an original document as fake, leading to the denial of your application.
Continued
If your sponsor licence application is rejected due to such an error, this request must be filed. It should be emailed with the signature of the authorizing officer included. Ensure you send this request within 14 days from the date mentioned in the refusal letter. The authorising officer will then be notified of the Home Office’s decision via email within 28 working days. If your request is accepted, you can submit a new application online. Should this second application be successful, the fee for the second license will be fully refunded.
Applying for a Judicial Review
If the refusal is due to issues such as the Home Office mishandling of the application process or the decision appears unreasonable or legally flawed, seeking a judicial review is an advisable route.
This procedure focuses on challenging the way in which the conclusion was reached rather than the choice itself. The first stage is to write a Pre-Action Protocol letter to the Home Office, offering them an opportunity to reconsider their decision.
Should this not lead to a satisfactory resolution, formal judicial review proceedings can be initiated, generally within three months of the refusal. It’s important to note that this legal process can be complex, and seeking expert legal advice is recommended.
sponsor license re-application
Submitting a Fresh Sponsor Licence Application
In cases where the refusal is due to rectifiable issues, such as missing information or application errors, reapplying for a sponsor licence is a viable option. This requires preparing a new application that specifically addresses and corrects the reasons for the initial refusal.
If the refusal was for more serious reasons, like submission of false documents or failure to meet sponsor duties, you might need to wait for a period of six months before reapplying. It’s crucial in your new application to comprehensively address the initial refusal reasons to prevent a second rejection.
In both scenarios, whether applying for judicial review or submitting a new application, it’s essential to be clear, accurate, and complete in addressing the reasons for refusal. This increases the chances of a successful outcome in any subsequent action.
get expert advice from sponsor licence lawyers
sponsor license re-application
Let Sponsor Licence Lawyers Help You Secure a Skilled Worker Sponsor Licence
Do you want to hire skilled workers from outside the UK? If so, you need a Skilled Worker Sponsor Licence to do so legally and efficiently. However, applying for a sponsor licence can be complex and time-consuming.
That’s why you need Sponsor Licence Lawyers, a team of experienced and professional immigration lawyers who can help you with every step of the process. They can advise you on the eligibility criteria, the required documents, the fees, and the best practices to avoid common pitfalls and delays.
Don’t miss the chance to hire the best talent for your business. Get in touch with Sponsor Licence Lawyers today and let us handle your Skilled Worker Sponsor Licence needs.
You Ask, We Answer
FAQs About UK Skilled Worker Sponsor Licences
500+
Successful Applications
How can we help?
If you are considering applying for a skilled worker sponsor licence for your business and want to discuss the process, fill out the form to speak with our business immigration lawyers.