SPONSOR AND SPONSOR LICENCE
Sponsor
In relation to study or work, means the person or organisation licensed by the Home Office that the Certificate of Sponsorship or Confirmation of Acceptance for Studies records as being the sponsor for a person.
Sponsor licence
Means a licence granted by the Home Office to a person who, by virtue of such a grant, is licensed as a sponsor in relation to applications to study or work in the UK.
When you need a sponsor licence:
You will usually need a sponsor licence to employ someone to work for you if they are not a settled worker or do not have other immigration permission allowing them to work for you.
To sponsor a worker, you must hold a valid sponsor licence for the route on which you intend to sponsor them. If you do not already hold the relevant licence, you must apply for, and be granted, one before you can sponsor the worker.
How you can get a sponsor licence:
- To get a licence as an employer, you cannot have:
- unspent criminal convictions for immigration offencesor certain other crimes, such as fraud or money laundering;
- had a sponsor licence revoked in the last 12 months
- You can sponsor a worker if the job they’re going to do:
- complies with the UK minimum wage and working time regulations – the worker’s visa may be refused and you may lose your sponsor licence if it does not
- meets the other criteria needed for their visa
- You’ll need appropriate systems in place to monitor sponsored workersand people to manage sponsorship in your business.
What is sponsorship management system?
- You need to appoint people within your business to manage the sponsorship process when you apply for a licence.
The main tool they’ll use is the sponsorship management system (SMS).
The roles are:
- authorising officer – a senior and competent person responsible for the actions of staff and representatives who use the SMS
- key contact – your main point of contact with UK Visas and Immigration (UKVI)
- level 1 user – responsible for all day-to-day management of your licence using the SMS
These roles can be filled by the same person or different people.You can also appoint an optional level 2 user once you have your licence. This is an SMS user with more restricted access than a level 1 user, for example they cannot withdraw a certificate of sponsorship.
Sponsor Licence Application fees:
You need to pay a fee when you apply. The fee depends on the type of licence you’re applying for and what type of organisation you are.
Fee for a small business licence is £536; and fee for a medium or large business licence is £1,476.
You’re usually a small sponsor if at least 2 of the following apply:
- your annual turnover is £10.2 million or less
- your total assets are worth £5.1 million or less
- you have 50 employees or fewer
Certificate of Sponsorship:
After granting a sponsor licence you must assign a valid Certificate of Sponsorship (CoS) to the worker so they can make a successful application for permission to enter or stay in the UK. You will have to pay a fee for each CoS you assign. If you are sponsoring a Skilled Worker or a Senior or Specialist Worker, you will normally need to pay the Immigration Skills Charge for each worker you sponsor.
Types of Certificates of Sponsorship:
There are 2 types of CoS:
- ‘Defined’ CoS: these are for Skilled Workers applying for entry clearance (a visa) from outside the UK
- ‘Undefined’ CoS: these are:
- CoS assigned to Skilled Workers applying for permission to stay from within the UK
- CoS assigned to workers on all other routes, whether applying for entry clearance, permission to enter or permission to stay
Your responsibilities as a sponsor:
You must:
- check that your foreign workers have the necessary skills, qualifications or professional accreditations to do their jobs, and keep copies of documents showing this
- only assign certificates of sponsorship to workers when the job is suitable for sponsorship
- tell UK Visas and Immigration (UKVI) if your sponsored workers are not complying with the conditions of their visa
- comply with UK employment law for jobs you’re offering
- meet any specific requirements for workers under 18, scale-up workers or offshore workers
Your licence may be downgraded, suspended or withdrawn if you do not fulfil these responsibilities.
To speak to an immigration lawyer for expert advice, please contact on 07828694424.