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The UK government has introduced requirements for UK employers and companies to obtain a sponsorship license if they intend to employ a foreign worker from outside or within Britain.
To apply for a sponsorship license, you do not need to have a business operating for a certain period of time.
Requirements for a sponsor license
A company that wants to apply for a UK sponsorship license must meet the following requirements –
- Must have a robust HR procedure in place to meet compliance requirements;
- Must intend to hire a genuine worker with relevant skills and experience (skilled worker);
- Must be legally trading in the UK with genuine activities;
- Must have key personnel – level 1 authorizing officer/user – who must not be under immigration control and must honestly and timely report company and employee activities through the sponsor management system and not commit a criminal offense;
- With the application you must be able to submit at least 4 documents from Appendix A Supporting Documents;
- The company should not have refused a sponsorship license in the past six months.
Certain businesses have mandatory documents or registration requirements, such as a care home which requires CQC registration if it is operating in England.
Sponsor license application process
Once an organization meets the relevant requirements, the authorizing officer must create an account to apply for the sponsor permit. To create an account you only need an email address and your full name. Upon registration you will be given a user ID and a temporary password will be emailed to you. You must change your password and record your login details.
You must complete the application form and select the relevant documents to provide depending on the type of organization.
While completing the application, you will need to request a Certificate of Sponsorship (also known as CoS). The CoS request at the time you complete the form is for employees you wish to hire from the UK. The CoS to sponsor employees from Great Britain is called the undefined CoS and is awarded on an annual basis upon receipt of the sponsor license.
The CoS for sponsoring employees from outside Great Britain is known as defined CoS. This can only be requested after you have received a sponsor license.
You must also provide full details of the authorizing officer, including immigration status. If he wants to appoint another person from the organization to manage the sponsorship management system, he can appoint a level 1 user. After approval of the sponsor license, a representative can also be appointed as a level 1 user.
Before submitting the sponsor license application, make sure you have answered the questions in Appendix A. These must be attached to the supporting documents. The questions contain information about the company and details about the vacancy for which you want to hire the employee.
If you already have the employee working on another visa or you have shortlisted someone you want to hire, you will also be asked to provide the details of the person you want to hire.
A representative can also complete your application; however, it must be submitted by the authorizing officer.
Interview for sponsor license
Since April 2024, changes have been made to the sponsor licensing process and now the Ministry of Home Affairs may decide to interview the authorizing officer about the compliance requirements, such as right to work check, etc. The interview is conducted through Microsoft teams and there are certain compliance questions which are sent to the company before the interview.
Visa and Migration Ltd will assist with the preparation of the interview and advise on the compliance requirements that the organization must adhere to.
Appropriate salary for a professional
The authorizing officer must be aware of the appropriate salary for the specific role for which he wants to hire an employee. The occupations must be eligible under the Skilled Occupations Code (SOC) 2020.
The minimum salary for the positions currently depends on immigration status, age and job title and the applicant must score the points for the salary. If the salary is not appropriate, this may lead to refusal of the sponsor license.
- Salary of £38,700 or more if according to the professional code – if you apply visa for skilled workers after April 4, 2024; or
- Salary of £34,830 or 90% rate under the professional code, if higher than £34,830, if you have a PhD and apply after April 4, 2024; or
- Salary of £30,960 or 80% of the going rate under the Occupational Code, whichever is higher – 20 points, relevant if you have a PhD in STEM subjects and are applying for a skilled worker visa after 4 April 2024; or
- Salary of £30,960 or above if stated in the professional code, for the job title on the immigration salary list; or
- Salary of £30,960 or 70% rate as per the Occupational Code, if higher than £30,960 for new entrant – employee who is under 26 years of age, or present in the UK on a Tier 4 visa and who holds the degree or PG diploma in education or in a postgraduate program or apply for CAS, Graduate visas or New Entrant after the end date Salary can only be paid for 4 years; or
- Salary of £23,200 or above if stated in the professional code, applicants after 4 April 2024 under the Health and Care job roles in Table 3 of the Skilled Occupations Appendix
The process for applying for a sponsor license is therefore quite technical and complex. However, if you require assistance and advice with the sponsorship licensing process, please contact Visa and Migration Ltd.