Our team can expertly advise and represent you in challenging a decision of sponsor licence refusal. Whether or not this applies will depend on the reasons for refusal and the length of a cooling off period will vary depending on the circumstances. For example, if your application was refused because you were unable to submit requested information or documentation within a specified timeline for reasons out of your control you may be able to reapply without waiting.
In most cases, if a sponsor licence application you have submitted is refused, a six-month cooling off period will apply. There are some circumstances where it may be longer. For example, if you have been issued with a civil penalty for employing an illegal worker, it would be 12 months from the date you paid the penalty in full. If you tried to reapply during this time, your application would automatically be refused. Even if you have never applied for a sponsor licence before, it is very important to check if your business may be subject to a cooling off period before submitting an application for a sponsor licence.
It will be valid for four years with the option for renewal at the end of the fourth year. However, if the Home Office has any reason to believe that you did not comply with your sponsorship duties, your licence may be suspended or revoked.
The standard processing time for applications is 8 weeks. During the processing time, the Home Office may conduct a compliance visit at your office to ensure you are complying with your sponsorship duties. Your application may be refused if you failed to demonstrate all sponsorship duties are complied with during the visit. Before the submission of your application, our team may conduct a compliance audit for your HR system to ensure these duties are complied with and advise on any adjustments if needed.
Your application can be refused by the Home Office for a number of reasons. Some of the most common are:. This is not an exhaustive list.
If your licence application was refused for reasons not listed above, we would require a copy of your decision letter to advise whether it is a challengeable decision.
Unless the person has another form of visa that allows them to work, such as those with a PBS dependant visa or a spouse visa, you are not permitted to the employ a non-settled worker without a sponsorship licence. If you employ any illegal worker, you may face potential civil penalties as well as criminal convictions.
Each licenced company receives a unique sponsor licence number which can be found on the decision letter confirming the grant of the licence. This number can also be found on the licence summary page on the SMS. The Home Office will take appropriate compliance actions if the existing sponsor is found engaging with behaviours non-conducive to the public good. The compliance action will depend on the gravity of actions or behaviour. The UK Immigration is an excellent opportunity for you, your dependents, and your commercial success in the UK.
You should be able to demonstrate that you have a bona fide business actively trading in the United Kingdom; You should be able to explain, and evidence why do you require a Sponsor Licence. Failure to ensure that your application is incomplete or with missing documents will attract a refusal of your Sponsor Licence Application and six months cooling o period will be applied.
With the ending of free movement, a deep impact has been observed on the UK labour market. A paper published in by the University of Glasgow and the University of Edinburgh along with support from the Economic…. Background A care home, Company A, with over employees serving clients around London lost their Tier 2 Sponsor Licence following a compliance visit from the home office. Company A was established over 20 years ago in the care industry had three non-EEA employees who were on a Tier 2 visa.
All three employees were…. To qualify for a Sponsor Licence, you must be a genuine business or charity operating legally in the UK. The Home Office will look at the character of your company and the people you name on your application.
You need to show that you can fulfill your Sponsor duties, and that the positions you need to fill cannot be filled from within the UK. To begin your application, you must register with gov. You will also need to post all required supporting documentation and information to the Home Office. Licences are not just reserved for long established large employers.
There is no restriction to the size and age of the employing organisation. Sponsor licence applications can be submitted online and there are very specific documents that need to be sent to UK Visas and Immigration UKVI to show that the organisation has established a presence in the UK, has a genuine vacancy and intends to trade. All sponsors are required to meet certain obligations in terms of monitoring and tracking their sponsored workers, as well as reporting and recording the information.
You have no unspent criminal convictions for immigration offences or other crimes such as fraud or money laundering. Once eligibility has been established, you will need to choose the type of licence you need depending on whether the workers you want are either:. Migrant workers with long-term job offers. Skilled temporary workers. This tier has six different subgroups: Charity worker, Religious worker, Government authorised exchange, International agreement, Creative and sporting, Seasonal workers, Youth mobility scheme.
You will need to appoint a suitable employee or employees within your business to fulfill sponsorship management roles. The main roles are as follows, and appointed staff will need to undergo suitability checks:.
First Level 1 User must be the Authorising Officer. These roles must be held by those who are permanently based in the UK for the duration of the period they will hold the role. After an initial consultation, the online application needs to be completed along with paying the necessary fee these are the same for renewal applications and submitting the necessary supporting documentation. You will get an A-rated licence if your application is approved, which means your business will be listed in the register of sponsors and most importantly, lets you start assigning Certificates of Sponsorship for your prospective skilled talent.
In most cases you will need to have at least one person as the level 1 user, when applying for a sponsor licence, who is either a British citizen or a permanent resident of the UK. Since the pandemic, there has been a big increase in home based businesses that have obtained a Sponsor Licence. There should be a genuine need for the visa employee. The employee sponsored on an UK work visa cannot be a Level 1 User for the Sponsor Licence with the ability to assign Certificates of Sponsorship for visa employees.
Sponsor Management Service users for the Sponsor Licence cannot sponsor close relatives including their husband, wife, partner, brother, sister, father, mother, etc. Probably for very small businesses employing only one or two staff or for new business, there is a bigger risk that UK Visas and Immigration at the Home Office may wish to visit you before granting a Sponsor Licence, or send you a long list of additional questions to answer before considering your sponsor licence application further.
In order to sponsor applicants, an employer will need to apply to be on the register of licenced sponsors with UK Visas and Immigration. The Registration process can be quite difficult. The employer will need to submit an online application and provide a number of documents via email, in order to apply for a Sponsor Licence, and must accept a considerable number of responsibilities as a Sponsor.
In addition, the employer should send a detailed covering letter probably several pages long to UK Visa with the documents to the Home Office answering various questions.
UK Visa does not make it easy to find out which questions they want answered! Due to the coronavirus situation, you can send copies of documents via email within five working days of submitting the online application. In many if not most cases employers make mistakes when submitting documents to UK Visa and Immigration. The documentation requirements as stated in published UKVI guidelines are confusing and difficult to understand. Please see below details of typical documents required for a Sponsor Licence application.
In most cases you will need to have at least four of the following as before accounts can be provided via a link to the Companies House site to be sent via email to the Home Office:.
All signatures should appear in this document. Perhaps over three months. As an alternative, you can provide a letter from a UK bank setting out the dealings it has had with you, including the nature and duration of those dealings.
It should be possible to obtain this by logging into the HMRC account for your business. It is usually acceptable just to have a link to the accounts on the Companies House site.
You need a minimum of four documents from the list of documents in the online Sponsor Licence form. It may be possible to provide alternative documents in some cases. If your business has 50 employees or fewer, then all employees need to be listed including the names and titles of all staff.
If you have details of the position that you wish to be filled by the visa applicant this should also be in the hierarchy chart. Other documents that may be relevant include curriculum vitae of person who you wish to hire, job description, job adverts may be needed if you do not currently have details of who you wish to employ , pages from the business website and other sites, qualifications of the applicant and documentation relating to the occupation to be filled by the applicant.
The covering letter may look better as a signed letter on business headed paper. Just an email to the Home Office is also acceptable. The letter and documents should be sent, most likely via email, after the online sponsor licence application has been submitted. The main points to mention in the letter or email to the Home Office are as follows:.
Select from one of the options from the online form. However, if you do not have a landline number you should briefly explain why not.
Put down the days and times when the business is open during the week. You can find this in the Skilled Worker occupation list. Put a job description here. May also be worth sending a longer job description in a separate file to the Home Office. This may all be included in the hierarchy chart. Look at the Skilled Worker points system and make sure that the salary is high enough.
Think very carefully about what is needed for the job. Many jobs do not require you to have any qualifications. Google Analytics cookies help us to understand your experience of the website and do not store any personal data. Click here for a full list of Google Analytics cookies used on this site.
Third-Party cookies are set by our partners and help us to improve your experience of the website. Click here for a full list of third-party plugins used on this site. The end of free movement is fast approaching at 11 pm on the 31 December With the end of free movement of EU nationals and the introduction of the new points based Immigration system in January , UK employers are enquiring about making their first sponsor licence application and how long it will take to secure their Sponsor Licence.
Timing can be critical as without a Sponsor Licence UK businesses won't be able to recruit overseas workers from either non- EEA countries or from the EU after the end of free movement. Sponsor Licence processing times The Home Office estimates that it is currently taking about eight weeks to process a Sponsor Licence application from date of submission of the application.
How can a UK business speed up the Sponsor Licence application process? Sponsor licence solicitors say that it is of real benefit to get detailed Sponsor Licence advice on your Sponsor Licence application as by doing so your business can best ensure that: Your application is processed by the Home Office as quickly as possible and You minimise the risk of the Home Office rejecting or refusing the Sponsor Licence application.
What happens after a Sponsor Licence is processed? How can Sponsor Licence solicitors help your business? OTS Solicitors have a specialist business immigration department where its sponsor licence solicitors have substantial experience on: Advising on the type of Sponsor Licence your business requires, for example, to recruit overseas workers on skilled worker visas or Tier 2 Intra Company Transfer visas Identifying whether the jobs you anticipate needing to recruit overseas workers to fill are likely to meet the eligibility criteria for the skilled worker visa under the points based Immigration system.
For example, in relation to the skill level required for the job or minimum salary threshold Assisting you identify the most appropriate key personnel to be named in the Sponsor Licence application Preparing your online Sponsor Licence application and letter or statement in support together with ensuring that your application is supported by the submission of the correct paperwork and documents Advising on the likelihood that the Home Office will want to conduct a pre- Sponsor Licence compliance visit or audit and also ensuring that your business is ready for audit by checking your HR systems and processes are compliant with Sponsor Licence reporting and recording duties and key personnel are aware of their Sponsor Licence reporting and recording duties Assisting your business retain its Sponsor Licence through provision of sponsor licence management services.
Sponsor Licence solicitors OTS Solicitors are specialist sponsor licence solicitors with the expertise to guide your business through the Sponsor Licence application process and to manage your sponsor licence for your business.
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