A UK business seeking to employ a migrant worker from a European or non-European country, will need to obtain a sponsor licence from the Home Office. This licence will permit the Sponsor to hire non settled workers or workers who otherwise do not have permission to work in the UK.
A sponsor licence is not required to hire an Irish national or a person with either settled or pre-settled status under the EU Settlement Scheme. A sponsor licence is required for skilled workers and UK Expansion Workers.
Once the sponsor licence is granted, it will be valid for 4 years.
To apply for a sponsor licence, you must satisfy certain requirements. For instance, the Home Office will expect your business to be a genuine business which is actively trading in the UK. You must also be free of any unspent criminal convictions for immigration offences or other crimes.
You will need to show that your business has the appropriate management systems in place to monitor sponsored employees.The Home Office may visit your business to ensure that you can carry out your sponsorship duties in full. The documents you need to provide will depend on your business.
You must appoint key individuals in your organisation to cover certain roles. This includes appointing an authorising officer, a key contact, and a level 1 user. These roles can be filled by a combination of different people or the same person. The names of these
individuals must be given when applying for the sponsor licence.
You can apply for the sponsor licence online via the Gov.uk website. You can either do this yourself or appoint a legal representative to help guide you through the process. Once you complete the online application and pay the application fee, you will have 5 working days to submit your supporting documents.
The application process typically takes up to 8 weeks however, you can opt for a priority service at an additional cost which can return a decision within 10 working days.
If the sponsor licence application is approved, you will normally receive an ‘A’ rating and your business will be listed on the register of licensed sponsors. You will have access to an online portal called the Sponsor Management System (SMS) which will allow you to manage your sponsor licence.
At Descartes Solicitors, our specialists can assist you through the whole process to make sure you obtain the right licence and to ensure that you are fully aware of your duties as a sponsor. We take pride in offering clear advice and effective solutions tailored to the needs of our clients.
By: Hanna Barzinji