Sponsor Licences
Any UK business wishing to employ an overseas national to undertake a skilled position in the UK will require a sponsor licence to be awarded to them by the Home Office. Without having a sponsor licence in place, the ability to attract and employ overseas talent will be limited.
When seeking a sponsor licence, the key principles are that a potential sponsor must:
- be a genuine organisation operating lawfully in the UK
- be capable of carrying out its sponsor duties and evidencing its compliance in a timeframe and manner set out in the Home Office’s guidance
- offer genuine employment that meets the skill level and salary requirements, if applying under the Skilled Worker, Global Business Mobility or Scale-up routes, and
- otherwise meet the eligibility and suitability criteria of the relevant immigration category.
As part of the sponsor licence process, the UK business will be expected to have HR systems and procedures which ensure continued compliance with ongoing sponsor duties. Such processes are subject to review by the Home Office during compliance visits (which can often be unannounced!).
Businesses will require a sponsor licence to sponsor overseas nationals under the following categories:
- Skilled Worker – This route enables sponsor licence holders to sponsor and employ overseas nationals in skilled role that cannot be filled by the resident workforce.
- Global Business Mobility – This route enables overseas businesses seeking to establish a UK branch or subsidiary or send senior, specialist employees to the UK either through their own UK office or through a client or supplier.
- Scale-up – This route enables some newer companies in a sustained period of high growth with a minimum level of turnover or number of staff, to recruit overseas nationals to work in the UK in highly skilled roles.
- Temporary Workers – This route enables sponsor licence holders to sponsor overseas nationals coming to the UK for opportunities in different sectors such as charity, creative, religious work, services and government- approved exchanges and programmes.
- International Sportsperson – This route enables sport bodies with sponsor licences to sponsor overseas nationals who are elite athletes or coaches to work in the UK.
Immigration requirements
Individuals looking to be sponsored by a UK company are required to satisfy a number of eligibility criteria in order to be granted the correct immigration permission. These requirements can include:
- Sponsorship – The individual must hold a valid Certificate of Sponsorship from an A-rated sponsor to undertake an approved role in the UK.
- Skill level – The individual must be sponsored in an eligible role in the UK which is either listed as a Skilled Occupation under the relevant provisions or accepted as a shortage occupation role.
- Salary level – The individual must receive a gross salary in line with the minimum salary threshold under the relevant category as well as under the Occupation codes set by the Home Office.
- English language – Where relevant, the individual must show they have sufficient proficiency in English language at the specified level.
- Genuineness – The Home Office must be satisfied that the individual intends to and is able to undertake the sponsored role.
- Financial – Where relevant, the individual must show they are able to show they have or have access to a specified sum for a period of time
How we can help
The team at Winckworth Sherwood has significant experience working with different types of companies who are seeking to hire overseas talent to work in the UK. We provide tailored and detailed guidance through the sponsor application process and the UK visa application procedure.
We have assisted business clients since the inception of the Points Based System in 2008. We continue to work with a diverse range of clients and individuals, helping them navigate the recruitment, hiring and sponsorship of talent overseas nationals under the current UK immigration system. We can also assist with the sponsored worker’s UK visa application. We can then provide advice and guidance to ensure compliance with the ongoing sponsorship duties and responsibilities.
We are well-placed to assist your team and your employees with their UK immigration requirements. We understand the priorities of both parties and this allows us to provide high quality support to ensure the application process is successfully completed.
Please contact Malini Skandachanmugarasan if you have any queries regarding sponsorship in the UK. As a full service law firm, we regularly work with colleagues in the employment, corporate and private client teams and provide a thorough and seamless service.