What Is A Sponsorship Licence And How Do Businesses Apply?
A brief overview of how to apply for a Sponsorship Licence for employers
A Sponsorship Licence is essentially the permission given to employers by the Home Office, to employ migrants lawfully in the UK. Human Resource Managers, Business Owners and others tasked with the responsibility of recruiting and retaining foreign workers, should have a working knowledge of the process involved in obtaining a Sponsorship Licence.
It is important to state that educational institutions also require a Sponsorship Licence to admit students under the Student Route.
Who requires a Sponsorship Licence?
Employers intending to recruit migrants lawfully in the UK and from abroad, must have a Sponsorship Licence to do so under the Point Based Systems (PBS). The PBS is a part of the Immigration rules which state that intending foreign workers must score a number of points to demonstrate that they satisfy certain criteria in order to qualify for particular Immigration work categories. The relevant work categories under the PBS include Skilled Worker (formerly, Tier 2), Intra – Company Route (formerly, Tier 2 Intra – Company Transfer) and T5 (Temporary Workers), previously known as Tier 5.
The Application Process
To obtain a Sponsorship Licence an online application must be made and certain documents have to be submitted to the Home Office. Additional information must also be made available in relation to Skilled Worker and T2 Minister of Religion licence applications.
The online application should be made using the relevant Home Office’s webpage on the gov.uk website at https://www.points.homeoffice.gov.uk/gui-sponsor-jsf/SponsorHome.faces.
Almost all applications will require the submission of at least 4 documents. This requirement however does not apply to public bodies recognised by the UK Government, such as local authorities, it also does not apply to companies listed on the Stock Exchange Main Market.
The documents that need to be submitted will depend on the organisation concerned. A full list of the type of documents required are contained in the Home Office document – Workers, Temporary Workers and Students: guidance for sponsors – Appendix A: supporting documents for licence applications (version 04/21).
The Home Office requires that certain information is made available when a Sponsorship Licence application is submitted, such as:
- Why an organisation is applying for a Sponsorship Licence
- What sector an organisation operates in
- What an organisation’s operating hours are
Employers are also required to provide an updated hierarchy chart detailing any owner, director and board members.
They should also identify and appoint persons within its business who will assume the positions below for the purpose of the Sponsorship Licence application:
- Authorising Officer
- Key Contact
- Level 1 User
Appendix A states that businesses with 50 employees or less should supply a list of all the names and titles of their staff.
Furthermore, an organisations applying for a Sponsorship Licence must supply the following information in relation to jobs for which a Certificate of Sponsorship (CoS) needs to be issued:
- The job title and Occupational code
- Duties of each job
- Where each job sits on the hierarchy chart
- The minimum salary an organization would guarantee if the job were vacant today
- Skill, experience and qualifications required
Employers also need to supply details of any positions that are currently vacant for which they intend to assign a CoS.
In addition to the above, the Home Office requires further information from employers regarding potential migrants they intend to employ. This information will depend on:
- Whether a migrant has already been identified for a specific role or
- Whether a migrant is yet be identified for a specific role
What happens after the online application has been submitted?
After the online application has been submitted, employers must send the following documents:
- The submission sheet, signed and dated by the Authorising Officer
- All of the mandatory documents listed in the submission sheet
Documents being submitted, should ideally be saved in PDF format and sent to the Home Office using the email address supplied on the submission sheet.
Any documents that are not in English must be accompanied by a certified translation.
Documents are required to be submitted no later than 5 working days from the date on which the online sponsorship licence was made, for the application to be considered valid.
It is important to stress that Sponsorship Licence Applications will be deemed invalid if mandatory documents are either missing or incorrect.
Conclusion
The information contained above is for reference purposes only. Employers intending to apply for a sponsorship licence should consult the relevant Home Office guidance and take legal advice before submitting a sponsorship licence application.
Sources:
Worker, Temporary Workers and Students: guidance for sponsors – Appendix A: supporting documents for sponsor licence applications (Version 04/21)
The sponsorship management system (SMS) manuals – Step by step for sponsors Manual 1 of 12: Introduction to SMS