Sponsorship Licence

If your business plans to employ someone who is not a British national, not settled in the UK, or does not have the right to work in the UK, you may need a Sponsor Licence. This is particularly important if you are hiring skilled workers from outside the UK or employing foreign workers temporarily.

Eligibility for a Sponsor Licence

To apply for a Sponsor Licence, your business must meet certain eligibility requirements. Specifically, you cannot hold a Sponsor Licence if:

•You have unspent criminal convictions related to immigration offences, or for other serious crimes such as fraud or money laundering.

•You have a history of failing to carry out your sponsorship duties. These include responsibilities such as keeping up-to-date records of sponsored employees and ensuring compliance with immigration law.

It is also essential that your business has appropriate systems and processes in place to monitor your sponsored employees. This will be a key consideration when the UK Visas and Immigration (UKVI) reviews your application. In some cases, UKVI may also carry out a site visit to assess your business’s capacity to handle these duties and ensure you can meet the requirements of the sponsorship system.

Types of Sponsor Licences: Tier 2 and Tier 5

There are two types of Sponsor Licences, depending on the kind of workers you plan to hire. These are:

Tier 2 – Skilled Workers with Long-Term Job Offers

Tier 2 is designed for businesses wishing to employ skilled workers on a long-term or permanent basis. There are several categories within Tier 2, each suited to different types of employment:

1.Tier 2 General: For skilled workers who will fill long-term roles. The job must meet the Home Office’s job suitability requirements (typically roles requiring RQF Level 6 qualifications, such as degree-level roles or higher).

2.Tier 2 Intra-Company Transfer: This category is for multinational companies that need to transfer employees from overseas offices to the UK. This is useful for businesses with offices in multiple countries who need to move employees to the UK for specific roles.

3.Tier 2 Minister of Religion: For individuals coming to work for a religious organisation, such as clergy or religious leaders. These roles are typically limited to a stay of up to 3 years.

4.Tier 2 Sportsperson: For elite sportspeople and coaches who are coming to the UK to participate in professional sports at the highest level. This category ensures that the individual is internationally recognised and will contribute to the UK’s sporting environment.

Tier 5 – Skilled Temporary Workers

Tier 5 is for businesses looking to hire skilled workers on a temporary basis. This category is ideal for short-term or seasonal roles, and it includes several specific subcategories:

1.Creative and Sporting: For sportspeople (for up to 1 year) or entertainers/artists (for up to 2 years) who are coming to the UK to engage in temporary work in creative or sporting roles.

2.Charity Worker: For individuals wishing to undertake unpaid work in a charity role. This is available for up to 1 year and is typically for voluntary positions.

3.Religious Worker: For individuals coming to the UK to do preaching, pastoral work, or non-pastoral roles within a religious organisation. This is typically for a 2-year period.

4.Government Authorised Exchange: For workers coming to the UK on short-term exchange schemes, such as work experience, research projects, or training (e.g., medical or scientific training). These workers can stay for 1 year (work experience) or up to 2 years (research or training).

5.International Agreement: This category is for workers who are employed in roles covered by international law, such as employees of overseas governments or those employed by international organisations.

Which Licence Should You Apply For?

When applying for a Sponsor Licence, you’ll need to choose which category or categories best suit the type of workers you are aiming to hire. You can apply for a licence that covers either Tier 2, Tier 5, or both, depending on your recruitment needs.

•Tier 2 is for long-term skilled workers.

•Tier 5 is for temporary skilled workers.

The Application Process

Once you determine which type of licence you need, you will need to submit an application to the UK Visas and Immigration (UKVI). This includes providing the necessary supporting documents, such as proof of your business’s legal status, a description of your recruitment processes, and how you will comply with sponsorship duties. UKVI will carefully review your application to ensure you meet all the requirements.

Additionally, UKVI may conduct a site visit to assess your systems for monitoring sponsored employees and ensure that you have the capacity to carry out your duties. It is essential to be fully prepared for this assessment to avoid any delays or complications in obtaining your licence.

How We Can Help

Applying for a Sponsor Licence can be a complex process, and getting it wrong could lead to delays, fines, or even the loss of your ability to sponsor workers in the future. Our expert team of immigration lawyers can assist you with every step of the process. From determining which type of licence you need to helping you prepare for the UKVI review and site visit, we’ll ensure that you comply with all legal requirements.

If you’re considering applying for a Sponsor Licence or need guidance on compliance, contact us today. We’ll help you navigate the application process smoothly and ensure that your business can hire the skilled workers it needs without facing unnecessary hurdles. Let us take the stress out of the process so you can focus on growing your business.