Experience a streamlined process in obtaining a work permit sponsorship license through our comprehensive service. We seamlessly guide you through the Sponsorship Licence Application and Set up, including rigorous eligibility assessment, contact facilitation, seamless system integration, meticulous application completion, thorough validation and submission of documentation, proactive response to requests, and flexible CoS allocation management. Trust our dedicated service for a smooth journey from assessment to submission, ensuring your sponsorship license acquisition is straightforward and hassle-free.
Our Sponsorship Licence Application and Set up include:
Since the announcement of the Skilled Worker route, we have been assisting clients in obtaining a Skilled Worker sponsor licence (formerly Tier 2 General) to prepare them for the UK’s exit from the European Union.
Our comprehensive service takes the complexity out of obtaining a work permit sponsorship license. With our Sponsorship Licence Application and Set up assistance, we guide you through the process seamlessly. This involves a meticulous assessment of your organization’s eligibility as an employer, facilitating the establishment of contacts for Primary and Significant persons, setting up your organization within the Sponsorship Management System, meticulously completing the application, validating and submitting the necessary supporting documentation, addressing any additional requests, and managing CoS allocations as needed. Trust us to make your sponsorship license acquisition journey efficient and straightforward, from assessment to submission.
Our comprehensive service is designed to simplify the complexities of work permit sponsorship licenses. We provide assistance with the Sponsorship Licence Application and Set up process, guiding you through each step seamlessly. This includes assessing your organization’s eligibility as an employer, ensuring the presence of relevant contacts for Primary and Significant persons, setting up your organization within the Sponsorship Management System, completing the application, validating and submitting supporting documentation, responding to additional requests, and requesting any necessary CoS allocations. With our expertise, you can embark on this process confidently, knowing that we’re here to facilitate a smooth journey from start to finish.
Since the announcement of the Skilled Worker route, we have been assisting clients in obtaining a Skilled Worker sponsor license (formerly Tier 2 General) to prepare them for the UK’s exit from the European Union.
The Home Office has published new guidance for sponsor license applications. This reflects changes made to UK immigration rules in December 2020, notably, the replacement of the Tier 2 (General) visa route for sponsored employment with the new Skilled Worker visa route. From 1 January 2021, companies must have a valid sponsor license in order to employ all skilled workers who do not have the right to work in the UK, including EEA and Swiss nationals and their family members, if they have not been granted settled or pre-settled status under the EU Settlement Scheme.
A sponsor license (formerly known as Tier 2 sponsor licence) allows UK-based companies to employ skilled workers who are based overseas or within the UK (applicants can “switch” into the Skilled Worker visa from most other visa types, for example Tier 4 Student and Tier 2 visas).
Once the license is approved, it will be valid for a period of four years with the option for renewal.
To be eligible to apply for a sponsor license, your organization must have a UK presence and be operating or trading lawfully in the UK. If you have multiple UK branches you may apply for one license to cover all your linked UK entities – alternatively, you might apply for separate licenses for each branch, depending on your circumstances.
If you are required to be registered with or inspected/monitored by a statutory body to operate lawfully in the UK, you will need to submit proof that you (and any branches covered by the licence) are registered with the appropriate body. You may also need to supply evidence that you hold the appropriate planning permission or local planning authority consent to run your class of business at your trading address.
The Home Office must be satisfied that you are able to offer genuine employment in a skilled occupation and that you will pay the correct rate of salary, as specified by the Home Office.
As part of your license application, you are pledging to accept all of the duties associated with being a sponsor license holder.
Private individuals are not normally eligible to be recognized as sponsors, but an exception applies if the individual is a sole trader who wishes to sponsor someone to work in their business.
The fee for a sponsor license depends on the size and type of organization. This application fee is payable every time the sponsor renews their license (every four years). Fees are usually reviewed annually by the Home Office which publishes them on its website.
Organizations classified as “medium” and “large” are required to pay a sponsor license fee of £1,476. This fee would apply to all organizations which do not meet the definition of a “small” sponsor.
An organization would normally qualify as a small sponsor if two of the following apply:
your annual turnover is £10.2 million or less
your total assets are worth £5.1 million or less
you have 50 employees or fewer
Registered Charities are also considered to be “small” sponsors.
Organizations classified as “small” sponsors are required to pay a sponsor license fee of £536.
If you have already been granted a ‘Worker’ sponsor license (formerly known as Tier 2 sponsor license) and decide to add a subcategory, there would be no fee. For example, if you hold a Skilled Worker Licence (formerly Tier 2 General) and would like to start sponsoring migrants under the Intra-Company Transfer route (formerly Tier 2 Intra-Company Transfer), you’d simply need to submit an application through the Sponsor Management System to add a subcategory – no Home Office fee would apply.
There are two sponsor license ratings:
A-rating
B-rating
If you are successful in your sponsor license application, you will be awarded an A-rating. This is the highest rating and is awarded by the Home Office to trusted organizations which have proved that they have the necessary systems in place to comply with sponsor duties.
A sponsor must maintain their systems and policies in order to maintain their A-rating. The Home Office may re-assess at any time and these compliance visits will determine if an organization still meets the criteria for an A-rating.
If the Home Office finds that a business is not complying with sponsor duties, it may be downgraded to a B-rating. A B-rated sponsor will need to meet a time-limited action plan to regain their A-rating. If they cannot meet the requirements of the action plan within the specified timeframe, the license will be revoked.
It should be noted that the Home Office can suspend/revoke a license without taking the preliminary step of downgrading to a B-rating. The choice of action taken by the Home Office will depend on the seriousness of the breaches which have been identified.
To apply for a sponsor license (formerly known as Tier 2 sponsor license), a company is required to submit an application form online along with a minimum of four specified supporting documents as evidence of its trading presence in the UK, in addition to a covering letter to provide background information about the company.
Occasionally, the Home Office may require additional documents such as evidence of the company’s HR processes to assess whether the compliance requirements and sponsorship duties will be met. During an assessment of the license application, the Home Office may also conduct a compliance visit at the company premises.
Our team can conduct a mock audit of your HR procedures prior to your formal application being made to identify any weaknesses and put in place an action plan to rectify them.
There are several types of sponsor licence and each type of license will require different supporting documents to be submitted. Our team can advise on the type you need to apply for and provide a tailored document checklist for you.
Provided the requirements are met and the correct evidence is submitted, it is possible to apply for multiple subcategories of sponsor licence at the same time.
A Certificate of sponsorship (CoS) is an electronic document generated on the Sponsor Management System (SMS) after a license is granted.
In order to sponsor a migrant worker, the company must first request a Certificate of sponsorship from the Home Office through the SMS. Once this is granted, the company will need to assign it to the migrant worker they intend to sponsor to generate a unique reference number for the candidate to submit during their visa application.
Under new sponsor license rules, the Home Office has rebranded its previous two types of CoS depending on the immigration status of the migrant worker:
These certificates are required for those who are based outside the UK and making an entry clearance application as a Skilled Worker.
Once you have identified a person you want to sponsor, you can apply for this on the SMS, and the Home Office usually aims to decide within one working day unless additional information is required. This is judged on a case-by-case basis.
Previously, sponsors were required to submit their request for a restricted CoS (now defined CoS) by the 5th of each month to receive a decision by the 11th of the same month.
The overall cap on the number of defined CoS the Home Office can grant annually has also now been abolished.
Note: Those who are in the UK as visitors will not be able to apply for a Skilled Worker visa within the UK and will need to return to their country of residence for submission. Therefore, they will require a defined CoS.
The annual allocation of undefined CoS runs from 6 April to 5 April each year. A sponsor can request multiple undefined CoS before the deadline on 5 April if they foresee a need to extend the leave of an existing employee or have identified someone they wish to sponsor who requires an undefined CoS (for example, someone “switching” visa category). If a sponsor is able to justify the need for the request, then the CoS will be granted from 6 April.
If you missed the deadline for renewal or require additional undefined CoS during the year, you may request an increase of allocation on the SMS. Again, you will be required to prove you genuinely need the CoS requested. The processing time for an increase of allocation is 18 weeks, however, priority service is available at an additional cost of £200
Once an organization acquires a sponsor license, they become registered with the Home Office as a sponsor and can begin to issue Certificates of sponsorship (CoS) to skilled non-UK staff subject to meeting the requirements.
For many companies, being able to hire overseas skilled talent is essential to the successful operation and growth of their business. This is particularly so with the end of freedom of movement following the UK’s departure from the EU, meaning that a significant portion of the UK workforce would require sponsorship from January 2021 if they failed to secure their status in the UK before the deadline.
Unless there was an error in the Home Office’s assessment of the application, a six-month cooling-off period would be triggered from the date of the refusal, meaning that another licence application cannot be submitted until the end of that period.
In some cases, if we believe there has been a mistake in the decision to refuse your application, we may submit a pre-license error correction on your behalf. However, if the decision was not overturned after the pre-license error correction, the only other option to challenge the decision would be to lodge a judicial review.
There are some circumstances where you may be prevented from applying or re-applying for a sponsor license for a certain period of time, known as a ‘cooling off’ period.
Whether or not this applies will depend on the reasons for refusal and the length of a cooling off period will vary depending on the circumstances.
For example, if your application was refused because you were unable to submit requested information or documentation within a specified timeline (for reasons out of your control) you may be able to reapply without waiting.
In most cases, if a sponsor license application you have submitted is refused, a six-month cooling off period will apply.
There are some circumstances where it may be longer. For example, if you have been issued with a civil penalty for employing an illegal worker, it would be 12 months from the date you paid the penalty in full. If you tried to reapply during this time, your application would automatically be refused.
Even if you have never applied for a sponsor license before, it is very important to check if your business may be subject to a cooling off period before submitting an application for a sponsor licence.
The standard processing time for applications is 8 weeks. During the processing time, the Home Office may conduct a compliance visit at your office to ensure you are complying with your sponsorship duties.
Your application may be refused if you failed to demonstrate all sponsorship duties are complied with during the visit.
Before the submission of your application, our team may conduct a compliance audit for your HR system to ensure these duties are complied with and advise on any adjustments if needed.
Your application can be refused by the Home Office for a number of reasons. Some of the most common are:
Failure to pass the Home Office’s Compliance Audit
The business does not have appropriate policy and procedure in place to meet its sponsorship duties
The business does not pass its ‘genuineness test’
Failure to retain sufficient documentation on migrant workers
The business has not responded to Home Office enquiries on time
This is not an exhaustive list. If your license application was refused for reasons not listed above, we would require a copy of your decision letter to advise whether it is a challengeable decision.
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