According to British immigration laws, foreign workers are permitted to apply for visas and enter the country once they have secured employment in a UK Based company. Sponsorship licensing is a special process that was introduced to control the recruitment of foreign nationals, either permanently or temporarily. In this write-up, we will discuss what is UK Sponsorship Licence, requirements to apply for it and the types.
What is a UK Sponsorship Licence?
UK Sponsorship Licence is a must for employers in the UK to be able to legally engage foreign workers. The UK Sponsorship License enables UK employers to sponsor non-UK citizens to work in the United Kingdom. In order to get a UK Sponsorship License, employers are required to register with the Home Office and show that they have met certain criteria. This includes having an eligible business that actually needs to hire foreign workers, obeying immigration laws, and giving the sponsored employees appropriate working conditions and pay.
When an employer has been granted a Sponsorship License, they can then sponsor individual foreign workers to come to the UK to take up specialised job roles. The sponsored worker should meet the requirements for the Skilled Worker Visa, such as having a job offer from a licensed sponsor, meeting the minimum skill and salary requirements, and passing the points-based test.
The UK Sponsorship Licence system is introduced to help employers get access to the global talent pool as well as to prevent foreign workers from being exploited and prioritising the UK’s job opportunities. Employers have to follow the strict regulations about keeping records and reporting. They can be fined if they do not comply to all the rules.
Requirements of UK Sponsorship Licence
1. Eligibility Requirements
- Genuine Business Requirement: An employer should be able to show that they are hiring the foreign workers because they really need to fill those particular job positions in their business. Reasons include skill shortage, expansion plans or the fact that they work on specialised tasks.
- Appropriate Business Structure: The employer should have a suitable legal structure like a limited company, partnership, or charitable registered. The Sole Traders are not usually eligible to be granted a Sponsorship License.
- Operational History: The employer needs to have been actively engaged in trading for at least a year, with a record of compliance with UK laws and regulations indicating its conformity with such laws and policies.
- Financial Viability: The sponsorship employer has to be financially stable, which is supported by the financial resources to support the employment of sponsored workers. This could include evidence of the turnover and assets, and information on accessing capital.
2. Suitability Requirements:
- Compliance with Immigration Laws: The employer should be able to show that he or she is well aware of and in compliance with the UK immigration laws and regulations. It involves establishing a system of controls and reporting of sponsored employees.
- Record-keeping and Reporting: Employers are required to keep a detailed log of their sponsored employees, including their personal information, job titles and immigration status. Apart from that, they are also expected to regularly report to the Home Office.
- Adequate Human Resources and Payroll: The employer must have an efficient human resources and payroll system implemented to manage the employment of sponsored workers, including that they are paid the appropriate wage and get the right benefits.
- Suitable Premises and Equipment: The employer must have suitable premises and equipment to accommodate the sponsored workers and enable them to carry out their job duties effectively.
- Absence of Immigration Offences: The employer, and any key personnel within the organisation, must not have any history of immigration offences or other serious criminal convictions.
3. Key Personnel Requirements
UKVI usually asks the name of the key personnels during the application of UK Sponsorship Licence. Those include-
- Authorising Officer: An authorising officer is the head of the organisation who is responsible for the Sponsorship License. They are in charge of the employer’s licence and responsible for compliance.
- Key Contact: The Key Contact is the main link to the Home Office. They are responsible for updating the information of the licence, reporting the changes, and responding to any questions or requests.
- Level 1 User: The Level 1 User is fully authorised to use the Sponsorship Management System (SMS) and undertake all sponsorship processes, like issuing certificates of sponsorship and reporting on the sponsored workers.
- Level 2 User: A Level 2 User has restricted access to the SMS and can do certain tasks, for example, assigning certificates of sponsorship but cannot change the licence itself.
Different Types of UK Sponsorship Licence
1. Workers Licence
Employers who need to hire skilled foreign workers on a temporary, permanent, or long-term basis are issued a “worker licence”. In order to be qualified, the worker must meet the skill and salary requirements as well as the job role must be at the right skill level. The employer has to provide proof of need for a foreign worker and that he/she cannot find a suitable candidate among the local labour market. There are several visa categories for which worker licences are available, including:
- Skilled Worker
- Senior or Specialist Worker Visa
- Scale-up Worker
- Minister of Religion
- International Sportsperson
2. Temporary Worker Visa
With a “Temporary Worker” license, UK-based companies can temporarily hire foreign employees, including volunteers. For instance, all candidates must fulfil the UK points-based system requirements in order to be eligible for the skilled worker sponsor licence. Businesses that sponsor employees must offer at least the minimum wage for the position in question.
The function and the “going rate” determine the precise minimum salary. It also depends on other elements including the applicant’s age, experience level, and whether or not they are a fresher.
Conclusion
UK Sponsorship Licence was introduced in order to confirm that employers are genuine, trustworthy and competent enough to play their role as sponsors. Once the Sponsorship Licence is issued, it is valid for a period of 4 years. In this period, the employer needs to apply for the renewal of the licence. During this time, the employer should still meet the eligibility and suitability criteria, as well as be checked for compliance by the Home Office.
