Employer Sponsor License
If you are a UK based company and wish to hire a non-EU migrant as an employee, your company will need to apply for a Tier 2 Sponsor License. Fair warning that this process is a tad complicated, and requires various documentation to prove that your company is trading, has a vacancy that requires a “non-EU migrant” rather than a settled UK worker. You will also need to provide evidence that you have adequate HR methods that monitor and track your migrant activity. This license is a pledge on your part that you will accept the responsibilities of sponsorship. The licence lasts for four years unless withdrawn by UK visas and immigration. It requires renewal before expiry or if you wish to continue employing your migrant for another four years.
Royce Legal Solicitors will provide you with professional advice from an early stage in the application process to ensure proper preparation of the application and submission. Hiring us will increase your chances of success in record time.
Eligibility Criteria for Employer Sponsor License
According to the gov .uk, to acquire a license you should not partake in the following activities:
- A criminal conviction for immigrant offences.
- Indulging in crimes like money laundering and fraud
- Have a revoked sponsor license in the last 12 months.
Furthermore, your company/organisation should accept the need for compliance along with the following requirements:
- Have an effective HR system
- Meticulous record-keeping of various reporting requirements
- A regulatory compliance and absolute cooperation with UK Visas and Immigration (UKVI) inquiries.
The UKVI will do a post or pre-licence application review of the sponsors’ HR system. They will focus on five areas specifically:
- Migrant tracking and monitoring
- Maintaining contact with the migrant worker and his contact details
- Monitoring the immigration status and preventing any illegal workings.
- Record keeping
- Your company’s recruitment practices alongside professional accreditation.
You will need to receive an A-rating in all the above five areas to maintain an “A-rated sponsor licence under the Points Based System.”
How to Apply For a Sponsorship Licence?
The employer will require the following:
- Complete online application via the Government web portal
- Gather documents as mentioned in Appendix A of the published home office guidance. These documents need to be submitted within five working days of the submission of the initial application at the home office.
- A detailed explanation of why the sponsorship license is required by you.
- Ensure a working HR system to demonstrate that you comply with the obligation as a licensed Tier 2 Sponsor.
- Be prepared for a pre and post licence compliance visit. The home office official may do an impromptu inspection of your office premises and speak to you in person about the Sponsorship Licence application.
For you to sponsor migrants, you must also show that the employee vacancy is at NQF Level 6 or above. Appendix J: codes of practice for skilled workers states this in the home office published guidance.
The Immigration Skills Charge
As a sponsorship license holder, you are liable to pay the Immigration Skills Charge. It is set at £1,000 per employee per year. For charitable and small organizations it is £364. You are exempted from this charge if you are sponsoring any of the following:
- When a Tier 4 student is switching to a Tier 2 visa.
- Employing a non-EEA migrant at a PhD level job.
- Sponsoring a migrant on Tier 2 (Intra-company Transfer) Graduate Trainee visa.
Royce Legal Solicitors Services for Sponsorship License Application.
Royce Legal Solicitors has highly capable immigration lawyers. We pride ourselves on providing a solution-based approach to meet the client’s needs. For the sponsorship licence application, we provide the following services:
- Advice on your existing HR system meets the obligations as a Tier 2 Sponsorship licence employer.
- Assisting in filling and drafting the sponsorship license application online.
- Collection of required documents in support of the application.
- Advice on the genuine vacancy requirement according to the home office published policy guidance.