The UK Government has established requirements for UK employers and businesses to obtain a sponsorship license if they intend to employ a foreign worker from outside or within the UK.
There is no need for a company to be in operation for a certain period of time to apply for a sponsor license.
Sponsor License Requirements
Company intends to apply for UK Care Licence You must meet the following requirements –
- Must have a robust HR procedure to meet compliance requirements;
- You must intend to employ a genuine worker with relevant skills and experience (skilled worker);
- Trading must be legal in the UK and genuine activities;
- You must have key personnel – authorized official/level 1 user – who should not be under immigration control and must be honest and timely report company and worker activities via the sponsor’s management system and not have a criminal offence;
- When applying, you must be able to provide at least 4 documents from Appendix A, Supporting Documents;
- The company’s sponsor license must not have been denied within the last 6 months.
Some companies have mandatory documentation or registration requirements, such as a care home needing to be CQC registered if operating in England.
Sponsor License Application Process
Once the organization meets the relevant requirements, the licensed administrator needs to create an account to apply for a sponsor license. To create an account, you only need an email address and your full name. Upon registration, you will receive a user ID and a temporary password will be sent to you via email. You must change your password and make a record of your login details.
You will need to fill out the application form and select the relevant documents you need to submit according to the type of organization.
While completing the application you will need to request a Certificate of Sponsorship (also known as a CoS), the CoS request at the time of completing the form is for workers you intend to employ from within the UK. A Certificate of Service to sponsor workers from within the UK is called an Indefinite Service Certificate, which is awarded on an annual basis after obtaining a sponsor licence.
The Certificate of Service to sponsor non-UK workers is known as a specific CoS, and this can only be requested after you have obtained a sponsor licence.
You must also provide all details to the authorized employee including immigration status and if he wants to appoint someone else from the organization to manage the sponsor management system, he can appoint a level 1 user. A representative can also be designated as a Tier 1 User after sponsor license approval.
Before submitting your Sponsor License Application, you must ensure that you have provided answers to the questions in Appendix A, which will be provided as an attachment with supporting documents. The questions include information about the business and details of the vacancy for which you would like to hire the worker.
If you already have an employee working with you on another visa or have shortlisted someone you intend to employ, you will also be asked to provide details of the person you wish to employ.
A representative can also complete your order; However, it must be submitted by a licensed employee.
Interview for a sponsor’s license
Since April 2024, there have been changes to the sponsor licensing process, and now the Home Office can decide to conduct an interview with the authorized official on compliance requirements, such as right to work verification, etc. The interview is conducted via Microsoft Teams and there are some compliance questions that are sent to the company before the interview takes place.
Visa and Migration Ltd helps with interview preparation and advises on the compliance requirements that the organization must follow.
Adequate salary for skilled workers
The approved officer must be aware of the appropriate salary for the specific role for which he or she intends to employ a worker, and the occupations must be eligible under the Skilled Occupations Act (SOC) 2020.
The minimum salary for roles is currently based on immigration status, age and job title and applicants must score against the salary. If the salary is not appropriate it can lead to the sponsor’s license being denied.
- A salary of £38,700 or above if listed in the occupation code – if applying for one Skilled worker visa After April 4, 2024; or
- A salary of £34,830 or 90% rate on occupation code, if above £34,830, if you hold a PhD and apply after 04 April 2024; or
- Salary of £30,960 or 80% of the continuing rate in the occupation code, whichever is higher – 20 points, relevant if you hold a PhD in STEM subjects and apply for a skilled worker visa after 04 April 2024; or
- A salary of £30,960 or above if listed in the occupation code, for the job title on the immigration payroll; or
- Salary of £30,960 or 70% rate on occupation code, if above £30,960 New entrant – employee who is under 26, or who is in the UK on a Tier 4 visa and who has completed a degree or PG Diploma in Education or In a post-doctoral program or applying after the CAS completion date, the postgraduate visa or new entrant stipend can only be paid for 4 years; or
- A salary of £23,200 or above if listed in the occupation code, and applicants after 04 April 2024 within the Health and Care job roles in Table 3 of the Skilled Occupations Appendix
The sponsor license application process is therefore quite technical and has a complex process, however, if you require assistance and advice on the sponsor license process, you can contact Visa and Migration Ltd