Hiring skilled workers in the UK can be a challenge, especially when there aren’t enough qualified candidates available locally. In many industries like technology, finance, and healthcare, businesses often need to hire non-EEA (non-European Economic Area) workers to fill these gaps. To do this legally, companies must apply for and hold a UK Sponsor Licence.
A Sponsor Licence allows businesses to employ non-EEA workers, but it requires meeting strict compliance rules set by the UK Home Office. Failing to meet these requirements can lead to penalties or even the loss of your license.
Here’s a simple guide to help you understand the process of obtaining and maintaining a UK Sponsor Licence.
Who Needs a UK Sponsor Licence?
A Sponsor Licence is essential for businesses in sectors such as:
- Restaurants
- Dental surgeries
- IT companies
- Financial services
- Tech firms
- Design studios
- Private schools and higher education institutions
If your business needs to hire non-EEA workers, a Sponsor Licence is required to stay compliant with UK immigration rules.
Eligibility Criteria for a UK Sponsor Licence
Before applying for a Sponsor Licence, your business must meet certain eligibility requirements. You will need to prove:
- Your business is genuine and legally operating in the UK.
- You have the necessary planning permissions for your business, if applicable.
- You are honest, dependable, and reliable.
- You can meet the responsibilities that come with holding a Sponsor Licence, including tracking and reporting on your employees.
- Your business does not pose a risk to UK immigration control.
For smaller companies without dedicated HR resources, it may be helpful to seek advice from an immigration solicitor to ensure your systems meet the Home Office standards.
How to Apply for a UK Sponsor Licence
Here’s a step-by-step guide to applying for a Sponsor Licence:
1. Prepare Your Business
Getting your business ready for a Sponsor Licence application involves thorough preparation. A mistake here can lead to costly penalties or delays, so it’s important to do it right.
2. Choose Your Key Personnel
Your business will need key staff to manage your Sponsor Licence. These people will handle your responsibilities in the Sponsor Management System (SMS), the online system used to report to UKVI. Choose individuals who are trustworthy and likely to stay in the company for the long term.
3. Conduct a Resident Labour Market Test (RLMT)
Before hiring a non-EEA worker, you must prove that you first tried to hire UK residents. This is done through the RLMT, which shows that the position is genuine and that no suitable local candidates were available. Failing to carry out the RLMT properly can result in your application being rejected, or your licence being downgraded or revoked.
4. Conduct Right to Work Checks
Once you’ve selected a candidate, you must verify they have the legal right to work in the UK. This is an essential step in avoiding illegal hires and ensuring compliance with immigration laws.
5. Keep Accurate Records
You must keep detailed records of your non-EEA employees. This includes:
- Right to Work documents
- Copies of Biometric Residency Permits, National Insurance numbers, and Certificates of Sponsorship
- Evidence of RLMT efforts
- Attendance and contact information
- Proof of approved payments to non-EEA workers
- Reports on any changes in staff or company details via SMS
6. Submit Your Application
You can apply for a Sponsor Licence online and must pay the application fee. If your application is refused, you cannot appeal the decision, so it’s important to ensure everything is correct before submission. Getting help from an immigration expert can improve your chances of a successful application.
7. Prepare for a Home Office Visit
The Home Office may visit your business to audit your HR systems and ensure you meet the requirements for holding a Sponsor Licence. This is where all your preparation will be tested.
8. Apply for Certificates of Sponsorship
Once your Sponsor Licence is granted, you can apply for a Certificate of Sponsorship (CoS) for each non-EEA employee you wish to hire. The CoS is essential for the worker’s visa application.
We Can Help
The process of applying for and maintaining a Sponsor Licence can be complicated. At Law and Visas, we specialize in helping businesses navigate the Sponsor Licence process. We offer comprehensive support, including managing your SMS system, advising on RLMT procedures, and assisting with any issues if your license is downgraded or revoked.
If you need help with your Sponsor Licence application or ongoing compliance, contact Law and Visas for expert guidance.
