If you want to hire skilled workers outside the UK, you should know all about the UK Sponsor Licence. Firms wanting to use a Tier 2 points-based recruiting process need to obtain a Sponsor Licence. Employers can avail of this license to recruit skilled migrants and fill shortages.
But getting a Sponsor Licence isn’t so straightforward. Firms have to grasp the intricacies of the application process. An approval isn’t guaranteed, and you may have six months of wait before you can reapply. This is why you need to know the key needs and obstacles before you apply.
Key Points to Consider Before Applying for a Sponsor Licence
1. Have a Clear Recruitment Strategy
When applying for a Sponsor Licence, you must outline your recruitment strategy for the long term. This should include how you plan to meet your staffing needs and comply with immigration rules during the duration of the license.
2. Choose the Right Certificate of Sponsorship (CoS)
There are two types of Certificates of Sponsorship:
- Restricted CoS: For workers outside the UK who will fill roles paying less than £159,600 per year. This certificate is typically used for new hires.
- Unrestricted CoS: For workers already in the UK or those filling roles with an annual salary of £159,600 or more. This certificate is also used for business-related roles such as inward investment posts.
Make sure you know which type of CoS you need and estimate how many CoS you will require before applying.
3. Complete the Resident Labour Market Test (RLMT)
Before hiring foreign workers, you need to advertise the job to local workers to ensure that no suitable candidate is available within the UK. This is called the Resident Labour Market Test (RLMT).
However, from 1st January 2021, the RLMT will no longer be required, making it easier to hire skilled workers from outside the UK.
4. Appoint Key Personnel
As part of your Sponsor Licence application, you will need to assign key personnel in your company to manage the process:
- Authorising Officer: A senior member of staff responsible for ensuring compliance and overseeing recruitment.
- Key Contact: The main point of contact between your company and the Home Office, responsible for the application and document submission.
- Level 1 User: This person handles day-to-day operations in the Sponsor Licence Management system (SMS).
- Level 2 User: This person assigns Certificates of Sponsorship (CoS) to workers.
5. Submit the Right Documents
When applying for a Sponsor Licence, you’ll need to submit a range of supporting documents to prove your company’s ability to meet the sponsorship requirements. While some documents are mandatory, working with an experienced immigration lawyer can help you identify additional evidence that strengthens your application.
6. Prepare for a Compliance Inspection
Once your company is granted a Sponsor Licence, UK Visas and Immigration (UKVI) may conduct an on-site inspection to check that you’re fulfilling your sponsorship duties. The inspection will review your HR practices, employee records, and compliance with immigration rules.
If any weaknesses are found, it could affect your ability to retain the Sponsor Licence.
Why Work with an Immigration Lawyer?
The process of applying for and maintaining a Sponsor Licence can be complex. It involves strict compliance duties, including record-keeping, employee monitoring, and regular communication with the Home Office. That’s why working with an experienced immigration lawyer is crucial for businesses looking to recruit skilled migrants from overseas.
An experienced team, like the one at Law and Visas, can guide you through the application process, ensure that you meet all the requirements, and help you avoid costly mistakes. With the right legal advice, you can successfully hire the talent your business needs to grow.
The UK Sponsor Licence system provides businesses with the opportunity to hire skilled workers from abroad, but the application process requires careful planning and attention to detail. By understanding the requirements and getting the right legal support, you can make sure your business complies with all the rules and successfully brings in the talent it needs.
If you’re considering applying for a Sponsor Licence, Law and Visas can help you navigate the process smoothly, from preparing your application to ensuring compliance with ongoing duties.