by Gary McIndoe, Managing Director of Latitude Law
A sponsor licence allows businesses in the UK to hire workers from overseas and supports them in applying for the visas they will need. It can be a vital tool in broadening an organisation’s access to talent and benefitting from the different perspectives and skills that overseas workers might bring. As such, if your business wants to hire workers from Europe, or further afield, the first step will be to apply for a sponsorship licence.
As with any process that is governed by the UK’s Immigration Rules, there are strict legal requirements that must be met. The application process itself can be complicated and involved, and mistakes can be costly. If your application is rejected, you will usually need to pay to apply again. This can also cause delays in the hiring process, and in some cases, talented candidates will be forced to move on before you can recruit them.
Working with an expert immigration solicitor is one of the best ways to have your sponsorship licence application approved the first time. It can also be helpful to learn about some of the elements of the process where mistakes are commonly made, so that you can prepare adequately and enjoy the highest possible chance of success. Understanding these pitfalls and taking care with your application could make a significant difference in bolstering your recruitment efforts.
Focus on your sponsorship management duties
Before you apply to become a sponsor, the Home Office requires that you implement a structure to manage the process within your business. This involves choosing Key Personnel to uphold specific responsibilities, and training them to use the Sponsorship Management System (SMS) through which many of their processes must be carried out.
The roles you must fill are as follows:
- Authorising officer: The authorising officer will ultimately be responsible for the sponsorship licence. They will grant day-to-day users access to the SMS, although they do not necessarily need to grant access to themselves. Usually, this will be the person who also oversees or is generally responsible for recruitment within your company.
- Level 1 and Level 2 users: A Level 1 user is someone who maintains and interacts with the SMS. They will collect and input information on any sponsored workers into the system, and issue certificates of sponsorship to overseas workers who receive job offers from your company. There must be at least one Level 1 user but there may be more. Level 2 users will have similar responsibilities but their access to the SMS will be restricted. You can choose to appoint Level 2 users but there is no legal requirement to do so.
- Key contact: Your key contact will manage all of the communications between your business and the Home Office. Sometimes, the Home Office may request information about your sponsored workers and the key contact will be in charge of fulfilling these requests – although the authorising officer will ultimately be responsible for ensuring that the information is correct.
As well as assigning these roles, you will need to show that you have processes in place to accurately record and process information about sponsored workers. This includes their attendance at work, their immigration status and other key information, all of which information needs to be kept up-to-date.
By showing that you have these people and processes in place, you can give yourself the best chance of having your application approved. Failing in this is one of the key areas where businesses can slip up and may find their applications rejected.
Supply the right documents
You will need to submit supporting documents alongside any application for a sponsor licence. These differ according to the types of workers you want to employ and the nature of the licence you are applying for, but it is vital to send the right documents to prevent your application from being quickly rejected.
Once you have a licence, your responsibilities do not end. As we have noted, you must maintain detailed and accurate records related to your sponsorships, and you must supply correct information to the Home Office if you receive a request. Otherwise, a licence may be withdrawn or you could face other legal penalties.
Fill in the form correctly
While this sounds obvious, many of the most common mistakes are administrative errors in filling in and submitting the application. If your application is incorrect, there is a high chance that it will be rejected, or that it will turn out to be unsuitable for your needs if it is granted. You will need to pay the application fee again if you need to reapply, which can be frustrating if problems are caused by carelessness.
A similar problem is businesses applying for the wrong licence. You must determine which type of licence you need based on the workers you want to employ and the roles you are recruiting for. If you secure the wrong licence, you may further interrupt your recruitment efforts and end up needing to reapply.
Any of the mistakes described above can be avoided by carefully filling out your application, diligently following the guidance provided with it, and working with a solicitor who can review your application and documents. With their experience in this area, a solicitor can advise you on choosing the right type of licence and improve your chances of securing one successfully.
