In the United Kingdom, the legal framework requires that international workers and students
secure appropriate visas after obtaining an offer of employment or academic enrolment. The
regulation of the employment of foreign nationals, whether on a permanent or temporary basis,
along with the admission of international students, is conducted through a systematic approach
known as the sponsorship licensing system.
Comprehending the UK Sponsorship Licence:
The UK Sponsor Licence is a formal authorisation granted to employers within the UK,
allowing them to employ non-UK residents. Employers aspiring to sponsor foreign workers
must apply to UK Visas and Immigration (UKVI), which functions under the Home Office’s
jurisdiction. This opportunity is available to various entities, including corporations, sole
proprietorships, or individual proprietors.
Having a sponsorship licence grants the ability to issue Certificates of Sponsorship (CoS), which
are necessary for the employment of international workers across several visa categories:
For long-term employment, the categories include the UK Skilled Worker visa, covering roles
such as Skilled Workers, Ministers of Religion, International Sportspersons, and Senior or
Specialist Workers; the Global Business Mobility visa; the UK Health and Care Worker visa;
and the UK International Agreement visa are few to mention but the list is exhaustive.
For short-term and temporary positions, categories include Religious Worker, Government
Authorised Exchange, International Agreement, Creative Worker, Charity Worker, Seasonal
Worker, and various roles under the Global Business Mobility scheme.
Holding a sponsor licence is a privilege that comes with substantial responsibilities, including a
commitment to comply with all relevant immigration laws. This responsibility starts from the
application process, extends through the recruitment of foreign workers, the management of
the licence, and finally, to the termination of the sponsorship arrangement.
Non-adherence to the required criteria can lead to sanctions, such as financial penalties or the
revocation of the licence, which also impacts the sponsored employees, who might then need
to secure alternative sponsorship, typically within a 60-day window.
Following Brexit, effective from 1 January 2021, citizens of the European Economic Area (EEA)
and Switzerland are considered non-UK nationals, necessitating sponsorship for employment
in the UK. The UK Home Office administers a sponsorship system designed to facilitate legal
immigration while ensuring compliance with immigration regulations.
Sponsorship Licence for UK Employers:
To hire non-UK nationals, employers are mandated to obtain a sponsor licence, a requirement
that extends to the engagement of foreign nationals in volunteer roles within charitable
organisations.
It is essential for prospective sponsors to possess a thorough understanding of the immigration
laws pertaining to the sponsorship licence and the employment of international workers.
Alternatively, they should seek the assistance of a certified and authorized immigration
professional to efficiently navigate the application process and the recruitment of foreign
workers.
Principal Requirements for Sponsorship Licence Application:
Applicants need to be legally established and active within the UK, for example, a limited
company registered with Companies House. While there is no specified operational duration
mandated, a suggested minimum operating period of 18 months is recommended. Moreover,
the applicant should employ at least one UK resident to communicate with the Home Office
concerning the sponsor licence.
The business operations of the applicant must be located in the UK to avoid outright rejection
of the application. Companies operating virtually without a tangible UK office must present
substantial evidence of their UK operations and their capacity to fulfil sponsorship obligations.
Documentation demonstrating the availability of employment opportunities for foreign
specialists possessing the necessary qualifications must be submitted to the Home Office, which
may request additional details about the job role, including its duties and responsibilities.
An efficient HR management and recruitment system must be in place to satisfy sponsorship
duties. The Home Office may conduct inspections both prior to and following the issuance of
the licence to ensure compliance.
The organization, including its owners, directors, and key personnel, must be free of any history
of immigration or criminal violations, particularly those related to fraud and money laundering.
A history of previous revocation of a sponsorship licence due to systematic breaches of
immigration rules disqualifies an applicant for reapplication for a minimum period of 12
months.
Eligibility Criteria and Types of Sponsor Licences:
The Home Office conducts an assessment to verify the legitimacy of the business seeking a
sponsor licence and to ascertain the genuine need for employing international personnel. This
evaluation considers the financial stability of the business and the authentic necessity for
prospective migrant employees.
Upon applying for a sponsor licence, the Home Office applies uniform eligibility criteria at
each stage. The authenticity assessment focuses on the role to be or currently filled by a foreign
worker and its importance to the sponsor. The sponsor must convince the Home Office of the
bona fide nature of the position offered to a foreign professional, ensuring that it falls within a
profession in demand. Specifically, the job’s Standard Occupational Classification (SOC)
should correspond with those listed as eligible on the Gov.UK website.
The credentials of the international employee must align with the scale of operations and the
specific requirements of the job description. There must be a verifiable need within the
organization and industry for the employment of a foreign worker for the role in question, and
the individual must meet the job criteria.
If the candidate for the role has been identified, it is imperative to ensure that the international
worker possesses the requisite credentials, formal education, training, and relevant professional
experience. It is also necessary to confirm that their Standard Occupational Classification
(SOC) complies with all conditions outlined in Appendix SW and that the candidate’s
qualifications are appropriate.
Should officials from the Home Office have reservations about an offer for a position that is
associated with a lower pay scale or considered low-skilled, they may request further
information or evidence. In practice, this requires a UK company to proactively verify that the
job specification accurately reflects the duties of the prospective foreign employee. Failure to
provide this evidence in a timely manner may lead to the Home Office denying the application
or revoking an existing UK sponsorship licence.
Differentiating Sponsor Licences:
The categorisation of a sponsor licence depends on the type of foreign nationals an employer
aims to hire, specifically the documentation required for their entry into the UK.
Long-Term Work Visas cater to foreign professionals taking on permanent roles in the UK,
including Skilled Worker visas such as Global Business Mobility, Care Workers, Software
Engineers, Scientists, Religious Ministers, among others. The skilled worker category
encompasses nearly all business sectors, provided the applicant and sponsor meet all applicable
regulations.
Temporary Visas are designed for employers to recruit foreign professionals for fixed-term
roles, such as seasonal jobs or internships, applicable to charitable workers, touring groups,
athletes, clergy among others.
Employers have the option to obtain licences for either or both worker categories, subject to
fulfilling specific obligations associated with each.
Sponsorship Management System:
Every holder of a sponsor licence is required to designate suitable and competent employees or
an employee to fulfil the following roles:
Authorising Officer: Responsible for ensuring the company’s compliance with the objectives of
the licence, making relevant decisions.
Key Contact: Serves as the primary liaison with the Home Office.
Level 1 User: Manages the licence, including the issuance or revocation of certificates. It is
permissible to have multiple Level 1 users, with the potential for Level 2 users who have limited
access to the system
Obligations of Sponsors: The application for a sponsor’s licence signifies a commitment to
several obligations to ensure the lawful employment of foreign nationals:
Personnel Record Keeping: Keeping comprehensive, up-to-date records of sponsored
employees, including details of their authorisation to enter the UK, National Insurance
numbers, employment history, and contact information. Essential documents, such as copies of
passports, evidence of immigration status, and biometric residence permits, must be securely
stored.
Monitoring and Reporting: Implementing a system to monitor sponsored employees and
report specific changes to the Home Office within a ten-day window, including instances of
non-starts, unauthorized absences, termination of employment, or changes in immigration
status.
Absence Monitoring: Tracking all instances of employee absences, irrespective of the
reason.
Notification of Changes to the Home Office: Reporting significant changes involving
key personnel, changes in address, or substantial modifications affecting the company’s
operational status or structure, including the establishment or closure of UK or foreign
subsidiaries.
Minimum Pay Calculation for Sponsored Specialists:
A fundamental requirement for UK sponsors is to ensure that the salaries of sponsored
employees meet or exceed government-established minimums, which vary by occupation and
are influenced by qualifications and experience.
General Principle: Salaries must not fall below £26,200 per annum (with an upcoming
change on 4th April 2024, raising the minimum income threshold to £38,700.00) or comply
with any further amended rules, subject to the higher of the company’s rate for the role or the
prescribed authorised minimum income.
Exceptions: Lower thresholds apply in certain situations, such as candidates with relevant
STEM degrees, occupations experiencing skill shortages, or individuals meeting specific criteria
like age or academic achievements. However, the revised regime will supersede existing
arrangements.
Requirements for UK Skilled Worker Visa Applicants:
Not all roles are eligible for the UK Skilled Worker visa category. Eligibility is determined
through a points-based assessment, requiring candidates to accumulate 70 points via criteria
such as skill level, salary, and English language proficiency.
For detailed salary calculations or further assistance in navigating these requirements,
consulting with professional immigration advisors is advisable.
Certificates of Sponsorship: An Elaboration
A Certificate of Sponsorship (CoS) is a critical electronic document, issued through the
Sponsorship Management System, essential for overseas employees seeking UK sponsorship.
This document’s unique CoS ID is a required detail in any work visa application, serving as
proof of UK sponsorship.
Certificates are divided into two primary categories: defined and undefined.
Defined Certificates of Sponsorship:
Tailored for international professionals residing outside the UK, defined certificates are issued
following Home Office approval of the application. These certificates contain detailed
information about the applicant, including personal identifiers like name and passport details,
along with specifics of the employment offer such as the role, duties, and salary.
Undefined Certificates of Sponsorship:
Allocated for individuals already in the UK, transitioning to a UK work visa from another visa
category. The issuance of undefined certificates does not require prior approval; companies
with an allocation can issue these at their discretion, incorporating the necessary applicant and
employment information.
If a company depletes its annual allocation of undefined certificates, it may request additional
ones through the Sponsorship Management System.
Application Process for Undefined Certificates of Sponsorship:
When applying for a sponsorship licence, organisations must specify their need for undefined
certificates up to the start of the new sponsorship year on 5 April. Successful applications result
in the issuance of a licence along with the requested undefined certificates, enabling the sponsor
to support a foreign worker’s transition to a UK Skilled Worker visa.
Sponsors are encouraged to accurately forecast their foreign employment needs for the
forthcoming 12 months, ensuring the precise request of certificates for the year. Should
additional certificates be necessary, they can be requested through the system.
Issuance of Certificates of Sponsorship:
It is crucial for sponsors to distinguish between the two types of certificates to avoid compliance
issues, which could lead to penalties. The correct issuance of certificates is vital, with the
certificate number being a mandatory inclusion in the visa application of the worker. Upon
receipt of a certificate, an individual has three months to submit their visa application. The
Home Office will decline any submissions beyond this timeframe or submitted too far in
advance of the employment start date detailed in the certificate..
Application for Sponsor Licence and Home Office Verification:
Biz Immigration Associates Limited offers extensive support in preparing the necessary
documentation to confirm your UK business operations. The application must be supported
by at least four pieces of evidence, including corporate bank statements, property lease or
purchase agreements, HMRC registration, and audited financial statements. Home Office
visits to verify the credibility of the sponsoring business are also possible. Over the last three
years, we have maintained a 100% success rate with our clients across a variety of business
sectors. The licence fee, which varies by worker category and company size, ranges from £536
to £1,476.
Sponsorship Licence Rating System:
Timely and accurate submission of documentation, along with verified business reliability,
results in an A-rated licence and inclusion in the sponsor register. Failure to meet sponsor
obligations can lead to a downgrade to a B-rating, limiting the issuance of new certificates.
Restoration to an A-rating requires adherence to a Home Office-approved action plan, with
non-compliance leading to licence revocation. Licences undergo a biennial review, with
limitations on downgrades.
Accelerated Sponsor Licence Acquisition with Business Immigration Associates Limited
Initiating the process with knowledgeable advisors from the beginning increases the chances of
successful sponsorship licence acquisition.
Empowering Your Business by Securing a Sponsor License and Welcoming Overseas Talent
In the United Kingdom, the legal framework requires that international workers and students
secure appropriate visas after obtaining an offer of employment or academic enrolment. The
regulation of the employment of foreign nationals, whether on a permanent or temporary basis,
along with the admission of international students, is conducted through a systematic approach
known as the sponsorship licensing system.
Comprehending the UK Sponsorship Licence:
The UK Sponsor Licence is a formal authorisation granted to employers within the UK,
allowing them to employ non-UK residents. Employers aspiring to sponsor foreign workers
must apply to UK Visas and Immigration (UKVI), which functions under the Home Office’s
jurisdiction. This opportunity is available to various entities, including corporations, sole
proprietorships, or individual proprietors.
Having a sponsorship licence grants the ability to issue Certificates of Sponsorship (CoS), which
are necessary for the employment of international workers across several visa categories:
For long-term employment, the categories include the UK Skilled Worker visa, covering roles
such as Skilled Workers, Ministers of Religion, International Sportspersons, and Senior or
Specialist Workers; the Global Business Mobility visa; the UK Health and Care Worker visa;
and the UK International Agreement visa are few to mention but the list is exhaustive.
For short-term and temporary positions, categories include Religious Worker, Government
Authorised Exchange, International Agreement, Creative Worker, Charity Worker, Seasonal
Worker, and various roles under the Global Business Mobility scheme.
Holding a sponsor licence is a privilege that comes with substantial responsibilities, including a
commitment to comply with all relevant immigration laws. This responsibility starts from the
application process, extends through the recruitment of foreign workers, the management of
the licence, and finally, to the termination of the sponsorship arrangement.
Non-adherence to the required criteria can lead to sanctions, such as financial penalties or the
revocation of the licence, which also impacts the sponsored employees, who might then need
to secure alternative sponsorship, typically within a 60-day window.
Following Brexit, effective from 1 January 2021, citizens of the European Economic Area (EEA)
and Switzerland are considered non-UK nationals, necessitating sponsorship for employment
in the UK. The UK Home Office administers a sponsorship system designed to facilitate legal
immigration while ensuring compliance with immigration regulations.
Sponsorship Licence for UK Employers:
To hire non-UK nationals, employers are mandated to obtain a sponsor licence, a requirement
that extends to the engagement of foreign nationals in volunteer roles within charitable
organisations.
It is essential for prospective sponsors to possess a thorough understanding of the immigration
laws pertaining to the sponsorship licence and the employment of international workers.
Alternatively, they should seek the assistance of a certified and authorized immigration
professional to efficiently navigate the application process and the recruitment of foreign
workers.
Principal Requirements for Sponsorship Licence Application:
Applicants need to be legally established and active within the UK, for example, a limited
company registered with Companies House. While there is no specified operational duration
mandated, a suggested minimum operating period of 18 months is recommended. Moreover,
the applicant should employ at least one UK resident to communicate with the Home Office
concerning the sponsor licence.
The business operations of the applicant must be located in the UK to avoid outright rejection
of the application. Companies operating virtually without a tangible UK office must present
substantial evidence of their UK operations and their capacity to fulfil sponsorship obligations.
Documentation demonstrating the availability of employment opportunities for foreign
specialists possessing the necessary qualifications must be submitted to the Home Office, which
may request additional details about the job role, including its duties and responsibilities.
An efficient HR management and recruitment system must be in place to satisfy sponsorship
duties. The Home Office may conduct inspections both prior to and following the issuance of
the licence to ensure compliance.
The organization, including its owners, directors, and key personnel, must be free of any history
of immigration or criminal violations, particularly those related to fraud and money laundering.
A history of previous revocation of a sponsorship licence due to systematic breaches of
immigration rules disqualifies an applicant for reapplication for a minimum period of 12
months.
Eligibility Criteria and Types of Sponsor Licences:
The Home Office conducts an assessment to verify the legitimacy of the business seeking a
sponsor licence and to ascertain the genuine need for employing international personnel. This
evaluation considers the financial stability of the business and the authentic necessity for
prospective migrant employees.
Upon applying for a sponsor licence, the Home Office applies uniform eligibility criteria at
each stage. The authenticity assessment focuses on the role to be or currently filled by a foreign
worker and its importance to the sponsor. The sponsor must convince the Home Office of the
bona fide nature of the position offered to a foreign professional, ensuring that it falls within a
profession in demand. Specifically, the job’s Standard Occupational Classification (SOC)
should correspond with those listed as eligible on the Gov.UK website.
The credentials of the international employee must align with the scale of operations and the
specific requirements of the job description. There must be a verifiable need within the
organization and industry for the employment of a foreign worker for the role in question, and
the individual must meet the job criteria.
If the candidate for the role has been identified, it is imperative to ensure that the international
worker possesses the requisite credentials, formal education, training, and relevant professional
experience. It is also necessary to confirm that their Standard Occupational Classification
(SOC) complies with all conditions outlined in Appendix SW and that the candidate’s
qualifications are appropriate.
Should officials from the Home Office have reservations about an offer for a position that is
associated with a lower pay scale or considered low-skilled, they may request further
information or evidence. In practice, this requires a UK company to proactively verify that the
job specification accurately reflects the duties of the prospective foreign employee. Failure to
provide this evidence in a timely manner may lead to the Home Office denying the application
or revoking an existing UK sponsorship licence.
Differentiating Sponsor Licences:
The categorisation of a sponsor licence depends on the type of foreign nationals an employer
aims to hire, specifically the documentation required for their entry into the UK.
Long-Term Work Visas cater to foreign professionals taking on permanent roles in the UK,
including Skilled Worker visas such as Global Business Mobility, Care Workers, Software
Engineers, Scientists, Religious Ministers, among others. The skilled worker category
encompasses nearly all business sectors, provided the applicant and sponsor meet all applicable
regulations.
Temporary Visas are designed for employers to recruit foreign professionals for fixed-term
roles, such as seasonal jobs or internships, applicable to charitable workers, touring groups,
athletes, clergy among others.
Employers have the option to obtain licences for either or both worker categories, subject to
fulfilling specific obligations associated with each.
Sponsorship Management System:
Every holder of a sponsor licence is required to designate suitable and competent employees or
an employee to fulfil the following roles:
Authorising Officer: Responsible for ensuring the company’s compliance with the objectives of
the licence, making relevant decisions.
Key Contact: Serves as the primary liaison with the Home Office.
Level 1 User: Manages the licence, including the issuance or revocation of certificates. It is
permissible to have multiple Level 1 users, with the potential for Level 2 users who have limited
access to the system
Obligations of Sponsors: The application for a sponsor’s licence signifies a commitment to
several obligations to ensure the lawful employment of foreign nationals:
Personnel Record Keeping: Keeping comprehensive, up-to-date records of sponsored
employees, including details of their authorisation to enter the UK, National Insurance
numbers, employment history, and contact information. Essential documents, such as copies of
passports, evidence of immigration status, and biometric residence permits, must be securely
stored.
Monitoring and Reporting: Implementing a system to monitor sponsored employees and
report specific changes to the Home Office within a ten-day window, including instances of
non-starts, unauthorized absences, termination of employment, or changes in immigration
status.
Absence Monitoring: Tracking all instances of employee absences, irrespective of the
reason.
Notification of Changes to the Home Office: Reporting significant changes involving
key personnel, changes in address, or substantial modifications affecting the company’s
operational status or structure, including the establishment or closure of UK or foreign
subsidiaries.
Minimum Pay Calculation for Sponsored Specialists:
A fundamental requirement for UK sponsors is to ensure that the salaries of sponsored
employees meet or exceed government-established minimums, which vary by occupation and
are influenced by qualifications and experience.
General Principle: Salaries must not fall below £26,200 per annum (with an upcoming
change on 4th April 2024, raising the minimum income threshold to £38,700.00) or comply
with any further amended rules, subject to the higher of the company’s rate for the role or the
prescribed authorised minimum income.
Exceptions: Lower thresholds apply in certain situations, such as candidates with relevant
STEM degrees, occupations experiencing skill shortages, or individuals meeting specific criteria
like age or academic achievements. However, the revised regime will supersede existing
arrangements.
Requirements for UK Skilled Worker Visa Applicants:
Not all roles are eligible for the UK Skilled Worker visa category. Eligibility is determined
through a points-based assessment, requiring candidates to accumulate 70 points via criteria
such as skill level, salary, and English language proficiency.
For detailed salary calculations or further assistance in navigating these requirements,
consulting with professional immigration advisors is advisable.
Certificates of Sponsorship: An Elaboration
A Certificate of Sponsorship (CoS) is a critical electronic document, issued through the
Sponsorship Management System, essential for overseas employees seeking UK sponsorship.
This document’s unique CoS ID is a required detail in any work visa application, serving as
proof of UK sponsorship.
Certificates are divided into two primary categories: defined and undefined.
Defined Certificates of Sponsorship:
Tailored for international professionals residing outside the UK, defined certificates are issued
following Home Office approval of the application. These certificates contain detailed
information about the applicant, including personal identifiers like name and passport details,
along with specifics of the employment offer such as the role, duties, and salary.
Undefined Certificates of Sponsorship:
Allocated for individuals already in the UK, transitioning to a UK work visa from another visa
category. The issuance of undefined certificates does not require prior approval; companies
with an allocation can issue these at their discretion, incorporating the necessary applicant and
employment information.
If a company depletes its annual allocation of undefined certificates, it may request additional
ones through the Sponsorship Management System.
Application Process for Undefined Certificates of Sponsorship:
When applying for a sponsorship licence, organisations must specify their need for undefined
certificates up to the start of the new sponsorship year on 5 April. Successful applications result
in the issuance of a licence along with the requested undefined certificates, enabling the sponsor
to support a foreign worker’s transition to a UK Skilled Worker visa.
Sponsors are encouraged to accurately forecast their foreign employment needs for the
forthcoming 12 months, ensuring the precise request of certificates for the year. Should
additional certificates be necessary, they can be requested through the system.
Issuance of Certificates of Sponsorship:
It is crucial for sponsors to distinguish between the two types of certificates to avoid compliance
issues, which could lead to penalties. The correct issuance of certificates is vital, with the
certificate number being a mandatory inclusion in the visa application of the worker. Upon
receipt of a certificate, an individual has three months to submit their visa application. The
Home Office will decline any submissions beyond this timeframe or submitted too far in
advance of the employment start date detailed in the certificate..
Application for Sponsor Licence and Home Office Verification:
Biz Immigration Associates Limited offers extensive support in preparing the necessary
documentation to confirm your UK business operations. The application must be supported
by at least four pieces of evidence, including corporate bank statements, property lease or
purchase agreements, HMRC registration, and audited financial statements. Home Office
visits to verify the credibility of the sponsoring business are also possible. Over the last three
years, we have maintained a 100% success rate with our clients across a variety of business
sectors. The licence fee, which varies by worker category and company size, ranges from £536
to £1,476.
Sponsorship Licence Rating System:
Timely and accurate submission of documentation, along with verified business reliability,
results in an A-rated licence and inclusion in the sponsor register. Failure to meet sponsor
obligations can lead to a downgrade to a B-rating, limiting the issuance of new certificates.
Restoration to an A-rating requires adherence to a Home Office-approved action plan, with
non-compliance leading to licence revocation. Licences undergo a biennial review, with
limitations on downgrades.
Accelerated Sponsor Licence Acquisition with Business Immigration Associates Limited
Initiating the process with knowledgeable advisors from the beginning increases the chances of
successful sponsorship licence acquisition.