UK Sponsor Licence Application from Ireland

Employers applying for a sponsor licence must meet specific eligibility criteria.

• The business must be present and operating legally in the UK. Companies with multiple branches may apply for one licence to cover all branches or several licenses for each branch.
• If the business is subject to inspections by a statutory body to operate within the UK, such business must provide proof that it has registered with the appropriate statutory body.
• The business must show evidence that they have the appropriate planning permission or local planning authority consent to operate in their location.
• The business must offer genuine employment in a skilled occupation and pay the requisite salary for such work as specified by the Home Office.
• The business must be willing to accept the duties associated with a sponsor licence holder.

Typically, private individuals cannot apply for a sponsor licence. However, an exception applies to sole traders in a skilled occupation that wishes to sponsor a foreign worker to work for them. Such an individual must;

• Not have any unspent criminal convictions for any criminal activity, including fraud and immigration offences.
• Have a perfect history of carrying out sponsorship duties.

In the past, employers needed to conduct a Resident Labour Market Test to show the UK visas and immigration (UKVI) that no settled worker was available for the job. However, new immigration laws do not require this test, but the Home Office may require the employer to show evidence that employing a skilled worker from overseas is necessary.

When applying for a sponsor licence, an organisation must send certain supporting documents to establish that the business legally operates within the UK. The documents required to depend on the type of business and the type of role available.
The business must submit a minimum of four specified documents with the Skilled Worker licence application. These documents include;

• Current corporate bank account statement covering the last six months;
• evidence of ownership or lease of business premises or rent agreement;
• evidence of registration as an employer with HMRC, i.e., PAYE and Accounts Office Reference Number;
• audited financial accounts for the last year if the company is legally mandated to file audited accounts. Otherwise, the company may submit unaudited financial accounts.

Other documents which may be required include;

• Employer’s liability insurance of at least £5 million from an authorised insurer;
• Certificate of VAT registration;
• Evidence of registration with a statutory body if the organisation is required to be inspected by or registered with a regulatory body to operate within the UK legally.

An employer must submit all the supporting documents within five days of submitting the online application.

The Home Office may also visit the business premise to certify that they are reliable sponsors.

If the sponsor licence requirements are met and all supporting documents are submitted, an organisation may be able to apply for multiple subcategories of sponsor licence simultaneously.

The sponsor licence fee depends on the type of organisation and its size.
If an organisation is classified as medium or large, it will pay a sponsor licence fee of £1,476

On the other hand, organisations classified as small will pay a fee of £536. An organisation will be classified as small if it meets at least two of the following criteria;

• Has an annual turnover of £10.2 million or less
• Has total assets worth £5.1 million or less
• Has less than 50 employees.

Once an organisation does not meet the criteria for small, it will pay the licence fee applicable to a medium or large organisation. However, regardless of size, registered charities are considered small sponsors.

An organisation will pay this application fee every time it renews its sponsor licence. However, you should note that the Home Office reviews the licence fees manually. Fees are continuously published on the Home office website.

Typically, it takes the home Office eight (8) weeks to process a sponsor licence. An employer can pay a fast-track fee to get their licence in 2 weeks.
During the processing time, the Home Office may conduct a compliance visit to ensure that the employer complies with their sponsorship duties.

The licence application may be refused if this visit shows that the employer fails to comply with their sponsorship duties.

There are various classes of sponsors in the UK

• A-rated licence: If all goes well and a business is confirmed to be reliable, it will get an A-rated licence and be added to the register of sponsors. The A-rated licence allows employers to issue certificates of sponsorship and employ foreign workers.
• B-rated licence: For an employer that fails to fulfil one or more sponsorship duties, the Home Office will downgrade such employer to the B-rated licence. A B-rating prohibits an employer from issuing new certificates of sponsorship. However, they will be allowed to renew work visas already issued.

After an employer gets a B-rating, they must visit the Home Office within ten working days to establish a plan of action to get an A-rating back. Failure to contact the Home Office within the stipulated time will cause the employer’s sponsor licence to be revoked. Furthermore, any employer that gets downgraded more than twice within four years will have their licence voided.

Any migrant worker coming into the UK must have a certificate of sponsorship from the company they intend to work for. The Certificate of Sponsorship (CoS) is an electronic document granted by the Home Office to a licenced employer through the Sponsor Management System. The CoS allows the sponsored migrant worker to generate a unique reference number they will submit during their visa application.
Based on the status of the migrant worker, a CoS may be classified as defined or undefined. A defined CoS is required for migrants based outside the UK and making an entry clearance application as a Skilled Worker.

An employer must fulfil specific responsibilities or sponsorship duties to be granted a sponsor licence. Failure to meet these responsibilities will cause the employer to be downgraded to a lower rating and eventually lose their licence.
The sponsorship duties of an employer include;

• Ensuring that foreign workers employed by them have the requisite skills and qualifications for the roles and supporting evidence to prove it.
• To assign Certificates of Sponsorship to workers only for jobs suitable for sponsorship.
• To inform the UKVI of any misconduct or non-compliance by foreign employees

Total Law’s business immigration specialists have dealt with countless sponsor licence applications and can support your organisation with all aspects of the UK sponsorship licence.

Wherever you are in the lifecycle of the sponsor licence, whether you are looking to apply for your first sponsor licence, want to renew an existing licence or have been refused a licence application, we can help.

Our team of excellent immigration lawyers will guide you through the application process, helping you gather all the documents needed to put in the strongest possible application. We can also be a part of your level 1 or level 2 personnel if you require. Get in touch with us today on (+353) 061 518 025.