Sponsor Licence
“Leonard solicitors are the best in Southampton. I used their services for many years and they never let me down. Specifically, Lee Ann Harvey always has good news because she is professional and a perfectionist.”
Business Immigration Solicitors for Sponsor Licences
If you’re an employer looking to employ skilled workers from outside the UK, you will need to hold a Sponsor Licence. Becoming a sponsor for a foreign national to live and work in the UK requires some planning and responsibility, but don’t let that put you off, this is where we come in. Our expert Business Immigrations Lawyers have years of experience in helping businesses of all sizes and sectors obtain, manage, and renew their sponsor licence. We have an in-depth understanding of these applications and the requirements, giving you every chance of success, the first time. We understand that you will want to focus on recruiting the best talent, so let us do the paperwork for you.
What is a Sponsor Licence?
A sponsor licence, formally known as a Tier 2 & 5 sponsor licence, allows companies in the UK to employ skilled workers who are based overseas or those who are already in the UK and want to switch their visas. For example, someone with a Student visa looking to switch to a Skilled Worker visa. Once you’ve found a prospective employee, you can apply to issue them with a Certificate of Sponsorship.
There are various types of Sponsor Licences you can apply for. Generally, these are issued for migrant workers sponsored under a Skilled Worker visa. However, if you are looking to transfer workers to a UK branch, you will need to apply for a Senior or Specialist Worker licence, following the introduction of the Global Business Mobility visa in Spring 2022.
Alternatively, if it’s short-term workers in certain roles you need, you should apply for the Temporary Worker sponsor licence.
It’s possible to have more than one type of licence, and these applications can go through together. However, there are separate requirements for each licence you apply for.
A sponsor licence is valid for four years once approved and can be renewed prior to expiring.
What are the requirements for a Sponsor Licence?
The Home Office will need to be satisfied that your organisation has a presence and operates lawfully in the UK. They will also look to see whether the employment you are offering is genuine and within a skilled occupation. You must also pay the correct rate of salary, specified under the requirements of the visa and type of work.
As the employer you will also need to have:
- a HR team or recruitment process in place that can comply with the sponsor duties and responsibilities
- a clean record. This means that your organisation, its owners, and senior members do not have any unspent criminal convictions
- other appropriate permissions or licences relevant to the type of organisation that you operate
- no previous non-compliance issues that pose a threat to immigration control
A successful applicant will be rated as an A-rating sponsor licence holder, meaning that the Home Office deem you as a trusted employer with the necessary systems in place that comply with the duties of a sponsor. The Home Office are likely to re-assess during a compliance visit that determines whether you have upheld your A-rated status. In some cases, you may be downgraded to a B-rated sponsor where compliance is not met, and you will be given a timeframe to implement positive changes to improve your rating. Failure to improve on any conditions, or serious breaches identified by the Home Office may mean that your licence is suspended or revoked.
As part of the application process and enabling you to issue a Certificate of Sponsorship, you will need to pass the Genuineness test. This primarily focuses on you as a business and why you require the sponsor licence and a foreign national for the vacancy. It will also look into the vacancy itself and check that:
- the role fits with one of the Standard Occupations Codes listed by the Home Office
- the role has a reasonable need within your business
- the salary meets the expectations of the visa, the ‘going rate’ of the role and that it is not paid more, simply to meet the requirements
The Home Office may ask you to complete the Genuineness test during a compliance visit, or when you request a Certificate of Sponsorship.
Why Leonard Solicitors?
We understand that since the UK left the EU finding workers to meet consumer demands is a pressing issue. Therefore, it’s a sensible decision for employers to think about holding a sponsor licence. Although meeting the requirements set by the Home Office may seem like a daunting prospect, we make it very possible for employers to obtain and maintain their sponsor licence. With trusted advice that is tailored to your organisation, we can work towards getting it all in place so that your application has every chance of success.
Applications for sponsor licences are highly complex and understanding the requirements is a tricky business. Proceeding without the right legal advice can cost you in the long run, which is why we take the time to understand you and your business and effectively guide you in the right direction. We have helped many businesses with every aspect of Sponsor licences, from HR and policy to dealing with your application.
Leonard Solicitors continues to practice immigration law since 1990, forging our excellent reputation with migrants and the Home Office. We are also accredited under the Law Society’s Immigration & Asylum scheme and provide an excellent service to our clients and the wider community.
Related pages
Global Mobility Visa
Representative Business Visa
Health & Social Care Visa
At your service
A successful applicant will be rated as an A-rating sponsor licence holder, meaning that the Home Office deem you as a trusted employer with the necessary systems in place that comply with the duties of a sponsor. The Home Office are likely to re-assess during a compliance visit that determines whether you have upheld your A-rated status. In some cases, you may be downgraded to a B-rated sponsor where compliance is not met, and you will be given a timeframe to implement positive changes to improve your rating. Failure to improve on any conditions, or serious breaches identified by the Home Office may mean that your licence is suspended or revoked.
As part of the application process and enabling you to issue a Certificate of Sponsorship, you will need to pass the Genuineness test. This primarily focuses on you as a business and why you require the sponsor licence and a foreign national for the vacancy. It will also look into the vacancy itself and check that:
- the role fits with one of the Standard Occupations Codes listed by the Home Office
- the role has a reasonable need within your business
- the salary meets the expectations of the visa, the ‘going rate’ of the role and that it is not paid more, simply to meet the requirements
The Home Office may ask you to complete the Genuineness test during a compliance visit, or when you request a Certificate of Sponsorship.
Why Leonard Solicitors?
We understand that since the UK left the EU finding workers to meet consumer demands is a pressing issue. Therefore, it’s a sensible decision for employers to think about holding a sponsor licence. Although meeting the requirements set by the Home Office may seem like a daunting prospect, we make it very possible for employers to obtain and maintain their sponsor licence. With trusted advice that is tailored to your organisation, we can work towards getting it all in place so that your application has every chance of success.
Applications for sponsor licences are highly complex and understanding the requirements is a tricky business. Proceeding without the right legal advice can cost you in the long run, which is why we take the time to understand you and your business and effectively guide you in the right direction. We have helped many businesses with every aspect of Sponsor licences, from HR and policy to dealing with your application.
Leonard Solicitors continues to practice immigration law since 1990, forging our excellent reputation with migrants and the Home Office. We are also accredited under the Law Society’s Immigration & Asylum scheme and provide an excellent service to our clients and the wider community.
