Immigration - Sponsor Licence - Setfords Solicitors

Immigration – Sponsor Licence

What is a Sponsor Licence?

UK employers must have a sponsor licence in order to employ EEA nationals who are entering the UK to work as from 1 January 2021 in the post-Brexit immigration system.

2021 is fast approaching and employers should apply for a sponsor licence at the current time to prepare for the impact that the new UK visa and immigration rules will have on their ability to hire workers from within the EEA as from 1 January 2021.

A company also needs to apply for a sponsor licence in order to employ skilled individuals from outside the EEA to work in the UK.

What are the criteria to qualify for a Sponsor Licence?

In order to get a sponsor licence, you must first check that the company is eligible.

The Home Office aims to establish four key criteria as follows before issuing a company with a sponsor licence:

  1. That the company is a genuine organisation operating lawfully in the UK;
  2. That you have human resource and recruitment systems in place to meet your sponsor duties;
  3. That the key personnel are deemed to be honest, dependable and reliable; and
  4. That the company is able to offer genuine employment that meets the criteria of the category which you are applying to be licensed for.

What is the application process for a Sponsor Licence?

In most cases, you must submit at least 4 documents from a Home Office designated list. The types of documents which are deemed to be mandatory or optional to submit depend on:

  • The type of company applying for the sponsor licence
  • The tier, category or subcategory in which you are applying
  • Whether the company is subject to regulation or inspection

If the company has been operating or trading in the UK for less than 18 months, the checks which the Home Office will make are different to those carried out on more established businesses. The Home Office provides document flexibility as it recognises that some start-ups may not be able to provide certain documents that more established businesses can provide.

If you are required to be registered with and/or inspected/monitored by a regulatory body to operate lawfully in the UK, it is mandatory that you provide evidence that you are registered for all branches which you wish to be included on the licence.

You must also indicate which jobs are currently vacant and which you intend to assign a Certificate of Sponsorship (CoS) for including the details of any individuals whom you have already identified that you wish to employ and how such individuals were identified.

Do I need to appoint people within the company to manage the Sponsor Licence?

You need to appoint people within your company to manage the sponsorship process when you apply for a licence. The roles are:

  • Authorising Officer – a senior and competent person responsible for ensuring that all of your sponsor duties are met
  • Key contact – the main point of contact with UK Visas and Immigration (UKVI)
  • Level 1 user – responsible for all day-to-day management of the sponsor licence

These roles can be filled by the same person or different people.

How long will my Sponsor Licence application take to process?

The service standard for a sponsor licence application is 8 weeks. However, applications can be processed significantly faster than this within approximately 2-3 weeks.

The Home Office may conduct an on-site visit to your company and any branches you wish to be included on the licence before making a decision. If the Home Office has significant doubts about your ability to fulfil your sponsorship duties after a visit, it may refuse your application.

What happens after my Sponsor Licence application is approved?

You’ll get an A-rated licence if your application is approved and will need to maintain this rating throughout the duration of the sponsor licence.

You will be granted access to your sponsor licence via the Home Office’s Sponsorship Management System (SMS) and will be able to issue Certificates of Sponsorship (CoS) to employ non-EEA nationals and also EEA nationals as from 1 January 2021 if you have any jobs that are suitable for sponsorship

How long is a Sponsor Licence valid for?

A sponsor licence is valid for 4 years, after which it will expire and can be renewed. The 4 years will run from the date your licence is granted.

During this time, the company must ensure that it complies with all its sponsor duties on the Sponsorship Management System (SMS). Setfords is able to provide bespoke training and advice in respect of the SMS and compliance with the Immigration Rules.

How can Setfords help you with your Sponsor Licence application?

For further information, please get in touch below.

Discuss your Sponsor Licence application with our Immigration Experts now

Nicola Anne Wilkins

Senior Consultant Solicitor – UK Immigration Law

Direct dial: 020 8103 2006
Head office: 0330 058 4012 then dial ext 2752
Form: Complete form now
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Quotes from previous clients

“I had the pleasure to work with Nicola in relation to both my Tier 2 (General) visa and the sponsor licence application for GuestTek in the UK. It was a very complex process and I had previously been told by another Immigration Lawyer that it would not likely be possible. The minute we spoke with Nicola we felt reassured, confident and 100% supported. Nicola is extremely professional and competent, and it was a pleasure to know that she did everything possible to make both applications work. I would highly recommend Nicola to anyone. Amazing service”.

“Nicola has proven to be a fantastic asset both in dealing with my personal immigration case, and to my company in general, which she consults on all immigration issues. Her knowledge of all of the latest UK laws and regulations is thorough, her understanding of potential trouble points is profound, and her attention to detail is exceptional. I am very grateful to Nicola for working on my case and making it such a smooth and painless process. I gladly and wholeheartedly recommend Nicola's services to my colleagues, clients, and friends and I look forward to working with Nicola again in the future”.

“Nicola helped me to secure my work visa for the UK with ease, and, most importantly, clearly communicated the entire process so that I knew what to expect and could plan without stress. Nicola handled my case very professionally, and I found Nicola to be extremely competent”.

“I had the opportunity to work with Nicola during my Tier 2 work visa application process. Nicola demonstrated excellent knowledge, professionalism and attention to detail and made the entire process of preparing and applying for the visa as easy and stress free as possible. The process was extremely well planned and as a result, I had my visa processed and returned to me in record time. Nicola is also a great communicator and kept me updated at every step of the way so that I felt confident and supported. Overall, I am very impressed with Nicola's professionalism and I will be using Nicola's services again in the future and will recommend her to my colleagues when the opportunity arises”.