Sponsorship License Application
As a business that wishes to employ skilled workers from outside the EU, you must first apply for a Sponsor Licence. Once you have successfully obtained a Sponsor Licence you are then able to offer a job to non-EEA nationals before they can apply to come to or switch into the Tier 2 or Tier 5 visa category. You will require a Sponsor Licence even if it is top employ workers for unpaid or charity work.
Requirements of a Sponsor Licence
In order to qualify for a Sponsor Licence, you will need to demonstrate that:
· You are a genuine business operating lawfully within the UK
· You can prove a skilled worker from outside the EEA or Switzerland is needed for the position
· You have a legitimate business or organisation and that you have a genuine need for the migrant worker(s) you intend to employ. The Home Office may validate this by visiting your company during your application.
· You can offer genuine employment that meets the Tier 2 skill level and appropriate rate of pay for the job(s) you are offering
· You are capable of carrying out your sponsorship duties
The exact requirements and documents you will require in support of your application will very depending on the type of organisation you are and the tiers under which you wish to sponsor the migrant worker.
UKVI will assess how effective your current human resources and recruitment systems are in order to make sure that you are able to fulfil your sponsor duties.
There are also increasing costs associated with obtaining a sponsor licence and it is important for the organisation to understand what costs are payable as part of your application.
UK Immigration rules are complex and challenging which is why we work to our client’s best interest and understand what is at stake.
Fill out the form and one of our immigration experts will be in touch.
The Home Office Sponsor Licence application fees are as follows:
For small businesses & charities:
- Tier 2 – £536
- Tier 5 – £536
- Tier 2 & Tier 5 – £536
- Adding Tier 2 to an existing Tier 5 – free
- Adding Tier 5 to an existing Tier 2 – free
For medium & large businesses
- Tier 2 – £1476
- Tier 5 – £536
- Tier 2 & Tier 5 – £1476
- Adding Tier 2 to an existing Tier 5 £940
- Adding Tier 5 to an existing Tier 2 – free
To qualify as a small business, you must:
- Have an annual turnover of £10.2 million maximum
- Employ 50 employees maximum
A Sponsor Licence number is a unique reference number or code which is issued to Sponsor Licence holders.
If you are a Tier 5 or Tier 2 employee, you can find your employer’s Sponsor Licence number on your Certificate of Sponsorship.
You need a Sponsor Licence before you can make a job offer to anyone from outside of the EEA.
To be eligible you must meet the following criteria:
- You can prove you are a legitimate business
- You can ensure your sponsored employee(s) passes a personality test
- You can prove a skilled worker from outside the EEA or Switzerland is needed for the position
- You do not have any unspent criminal convictions
- You do not have a history of failing to carry out sponsorship duties
- You can pay the appropriate rate of pay for the job(s) you are conducting.
- You will need to prove that you have a legitimate business or organisation and that you have a genuine need for the migrant worker(s) you intend to employ. The Home Office may validate this by visiting your company during your application.
You will need a Sponsor Licence if you want to employ anyone from outside of EEA or Switzerland who is working in the UK using:
- a Tier 2 Work Visa; or
- a Tier 5 Temporary Work Visa.
Depending on which type of worker you wish to employ, you need to make a Sponsor Licence application which is relevant to them.
The Tier 2 Work Visa is also the required route for ministers of religion and elite sportspeople.
If you are intending on transferring an employee from a foreign office to the UK, you will also need a Tier 2 Sponsor Licence.
You do not need to apply for a Sponsorship Licence if you are intending to employ someone on a Tier 1 Visa, for example, an Exceptional Talent Visa.
Please note that Tier 3 Unskilled Worker Visas have been suspended. This means that you cannot apply for a Sponsor Licence for non-EEA nationals taking on unskilled roles.
If your application is successful, you will be awarded a licence rating by the Home Office and placed on the UK Sponsorship Licence register.
After this, you will be able to issue Certificates of Sponsorship to any non-EEA or Swiss nationals if you have jobs that are suitable for sponsorship.
Upon the date of issue, your licence will be valid for four years. If you do not adhere to your duties as a sponsor, you could face Sponsor Licence suspension, Sponsor Licence revocation, or the possibility of receiving a Civil Penalty from the Home Office.
There are number of reasons why the Home Office refuse Sponsor Licence applications and Sponsor Licence renewals each year. The most common reasons include:
- the business’ failure to pass the Home Office’s Compliance Audit;
- the business’ failure to retain sufficient documentation on sponsored migrant workers;
- the business has not informed the Home Office of significant changes to their migrant workforce;
- the business has not responded to the Home Office’s enquiries on time;
- the business does not pass its ‘genuineness test’; or
- the business does not comply with the Home Office’s security standards.
Dsichambers have some of the best immigration lawyers in the UK who are happy to assist you through the process of making a Sponsor Licence application. We will:
- ensure that your business is eligible to obtain a Sponsor Licence;
- ensure that you have all the required up-to-date employee records and HR documents;
- ensure that all time-frames are met;
- advise you on the Resident Labour Market Test;
- correspond with the Home Office on your behalf;
- prepare you for a visit with Home Office officials;
- make sure your business is compliant with all Home Office standards; and
- complete your application to the highest standard before submitting.
At Dsichambers, we offer a tailor-made Sponsor Licence Application Package which encompasses these services. We also offer general Immigration Consultancy services, which are designed to assess and improve a UK company’s HR methods. With this, we provide an Immigration Audit, which allows our advisers to locate and resolve any issues or gaps in your records of sponsored employees. Contact us now by using our online form or calling 0744 8077 407 for more information.