How to Get a Sponsorship License in the UK: A Legal Guide

 

How to Get a Sponsorship License in the UK: A Legal Guide

Hiring skilled workers from abroad is a game-changer for any business in the UK, though it does entail adherence to the immigration laws of the land. In this respect, for an employer, it all begins with obtaining a sponsorship license-a license that empowers them to sponsor workers under certain visa categories, like the Skilled Worker visa. This guide provides a complete legal overview of the process, requirements, and responsibilities involved with obtaining a sponsorship license in the UK.

What is a Sponsorship License?

The sponsorship license is an official document given by UK Visas and Immigration that enables employers in the UK to sponsor people from outside the country to work with them. The need for a sponsorship license is quite simple: it is when businesses take on international talent. It has to be granted before any Certificate of Sponsorship can be issued to the employees.
The sponsorship license is issued for a period of 4 years, and an employer is under strict legal duty to retain it.

Eligibility Criteria for a Sponsorship License

Before applying for a sponsorship license, your business must meet the following eligibility criteria to apply:
Legitimate Operations: Your business operations ought to be lawfully registered and in operation in the UK. This includes proper registration at Companies House or at any other relevant regulatory body.
Compliance History: Your company should not have any history of non-compliance with immigration or employment laws.

Need for Sponsorship: You must prove that there is a genuine need for hiring skilled workers from abroad, especially for those positions that cannot be filled by the local workforce.
HR and Record-Keeping Systems: The organisation must have appropriate HR systems to track sponsored employees and ensure compliance with UKVI requirements. These systems will include monitoring employee work hours, keeping records, and updating UKVI in case of changes in employment.
 
Suitability Check: UKVI will check if you are able to satisfy the sponsorship duties through a compliance check. This may include a site visit.
 

Types of Sponsorship Licenses

Depending on the kind of roles you wish to fill, there are mainly two types of sponsorship licenses. These include:
Worker License: Long-term employment, including for instance, the Skilled Worker visa and the Health and Care Worker visa.
Temporary Worker License: Short-term positions, such as those working under the Seasonal Worker or Creative Worker visa.
You will be able to apply for one or both licenses, depending on your business needs.

Application Process: Step-by-Step

Step 1: Registration on UKVI SMS
An application for the license starts by creating an account on the UKVI Sponsor Management System. This is done through the website and will be used in applying for a license and then managing your sponsorship duties once a license is granted.

Step 2: Online Application Form
The application form for the license is online. You will provide details about your business, including:
Business registration number, e.g., Companies House number
Business trading address
Number of employees

Step 3: Pay for the Application Fee
The application fee is determined by the size of your organization:
Small businesses or charities: £536
Medium or large businesses: £1,476

Step 4: Supporting Documentation
You will have to provide the required documentation to UKVI to support your application. These include but are not limited to:
Proof of business registration, such as a VAT certificate or Companies House records
Proof of trading presence, such as utility bills or lease agreements
Details of HR systems and processes, including employee monitoring policies

Step 5: UKVI Compliance Check
UKVI may visit the premises in order to evaluate your ability to fulfill sponsorship duties. They will check your HR processes, record-keeping, and ability to monitor sponsored workers.

Step 6: Await Decision
UKVI aims to process applications for sponsorship licenses within 8 weeks. If your application is successful, you will be issued a license to sponsor workers under the visa categories you applied for.
Responsibilities When the License Is Granted

If your sponsorship license is granted, you must comply with the following responsibilities:
Assign Certificates of Sponsorship: You must use the SMS to assign CoS to workers you want to sponsor. Each CoS assigned must contain details of the worker's job title and salary.

Record Keeping: Keep accurate records of sponsored employees, including their job titles, salaries, and immigration status.

Reporting: Report any changes to UKVI, such as a change in a sponsored worker's role, dismissal, or resignation.

Renew Your License: Sponsorship licenses are valid for 4 years and must be renewed to continue hiring international workers.

Breach of these duties can result in sanctions, including the suspension or revocation of the license.
Common Pitfalls and How to Avoid Them

Insufficient Documentation: Ensure all documentation is current and correct before your application.
Sponsor Duties Failure: Make necessary HR schemes for reporting and recording information about sponsored employees.

Underestimating Lengthy Processing Times: Give sufficient time for potential delays by starting the application as early as possible.

Abuse of Certificates of Sponsorship: Grant CoS only in genuine cases of job vacancies that meet the visa requirements.

How ICS Legal Can Help
The application procedure for a sponsorship licence is extremely complex. Here at ICS Legal, we provide specialist advice on how to:
Ensure your application meets UKVI standards
Assist with compliance and setup of HR systems
Manage your sponsorship duties effectively
For bespoke advice, please visit ICS Legal to make your sponsorship license application process easier.

Conclusion

Acquiring a sponsorship license opens various opportunities for UK-based enterprises seeking talent all over the world. Learning about these eligibility criteria helps simplify the procedure that needs to be followed and shortens the amount of time required for application. Get Ready to apply with Immigration lawyers Birmingham, and unlock the doorways to successful skilled worker migration by taking the leap to attain your UK Visa Sponsorship License application ready.