Business Immigration Services UK

Overview

To sponsor overseas workers in the UK, you will need a sponsor licence. There are two types of sponsor licence available to apply for and the one you need will depend on the type of workers you want to employ.

To sponsor workers on a temporary basis, including volunteers, you should apply for a temporary worker licence. To sponsor employees long-term you should apply for a worker licence. It is possible, however, to apply for a licence that covers both types of workers.

Eligibility Requirements

Firstly, to obtain a sponsorship licence you and your business must meet the sponsor licence requirements. To be eligible you cannot:

• Have any unspent criminal convictions for crimes relating to immigration, fraud, money laundering etc..
• Had a sponsor licence revoked in the last 12 months

UKVI (UK Visas and Immigration) may visit your business to complete work checks to see that it is adequate and that you are responsible and fit to carry out your duties.

In addition, you can only sponsor a worker if they intend to do a job that:

• Is compliant with the UK’s minimum wage and working time regulations
• Meets the criteria needed for their Work visa.

The specific Work visa that the sponsored worker should apply for will depend on the type of job role they intend to undertake. Some visas have extra criteria that the candidate will have to meet in order to be successful.

Required Documents

You will usually need to supply at least 4 supporting documents as part of your sponsor licence application. The documents required will depend on the type of business or organisation. For example, if you are a start-up company that has been operating or trading for less than 18 months you will have to supply information that proves you have a valid corporate bank account and so on.

Total Law can advise you on all of the documents you may need to support your application and check them prior to submitting. For help gathering your documents call Total Law today at 0333 305 9375 or contact us online.

The Application Process

All new applications for sponsorship licences should be completed online. Once you have submitted your application, you must then print off the submission sheet at the end of the application and email it, along with your supporting documents, to the UKVI.

You will also need to pay a fee as part of your application. Fees differ depending on the type of sponsor licence you are applying for but range from £0 to £1476.

Most applications take up to 8 weeks or less to process but you can apply for a faster decision (within 10 working days) by paying an extra fee of £500.

Sponsorship Management

If you successfully obtain a sponsor licence, there are rules you must comply with by law to remain eligible. For example, your business will need to show that it has appropriate systems and people to manage them in place to monitor sponsored workers.

The main tool they will use to do so is called the Sponsorship Management System (SMS) and there are 3 roles that someone in your business must take up. They are as follows:

1. Authorising officer – takes responsibility for the actions of representatives and staff that use the SMS.
2. Key contact – the main point of contact for UKVI.
3. Level 1 User – responsible for the day-to-day management of your licence (using the SMS).

The roles can be filled by different or the same people but there are some rules based around who can be allocated a role and all those involved with the sponsorship licence will be suitability checked.

Services For Sponsors

As corporate immigration lawyers, Total Law offers a full range of business immigration services. For sponsors, we can provide ongoing advice, guidance and support and help manage your ongoing immigration needs. We can keep you updated with any changes to immigration law that may affect your eligibility and help you fully understand your compliance commitments when in possession of your licence.

Overview

Once you are in possession of your sponsorship licence, you can start applying to transfer employees to the UK. In most cases, to gain entry into the UK with the right to live and work in the country, overseas employees must apply for and be granted a UK Work visa.

There are numerous UK Work visas available and the one your employee will need to apply for will depend on the nature of your business.

Eligibility Requirements

All applicants must meet certain criteria in order to be successful with their visa application. To be eligible for a Work visa, applicants must:

• Work for an employer that is approved by the UK’s home office.
• Have a certificate of sponsorship from said employer.
• Do a job that is present in the Home Office’s list of eligible occupations.
• Be paid a minimum salary (the amount differs depending on the type of job).
• Meet all specific criteria related to the job role.
• Be able to speak, read, write and understand the English language. (Applicants will usually have to prove this by completing a test as part of their application).

How To Apply

All new UK visa applicants should apply online and provide evidence of their identity and that they meet all of the eligibility requirements. They must also pay an application fee (the amount differs depending on the visa they are applying for) and a healthcare surcharge that enables them to use the UK’s NHS should they need medical treatment whilst resident in the country.

Applicants can apply for a visa up to 3 months prior to the day they are due to start work in the UK. If they are applying from outside the UK, they should expect to receive a decision on their application within 3 weeks.

There are rules and regulations that visa holders must follow when resident in the UK to remain eligible. If successful, the applicant will receive a letter that states what they can and can’t do whilst resident in the country.

Services For UK Work Visa Applicants

Total Law is made up of a team of experienced immigration lawyers specialising in all aspects of business immigration. We can help your overseas employees discover which Work visa they may be eligible for and help them complete the application process from start to finish. We offer services such as document checking and are able to keep applicants up-to-date regarding UK work visa approval rules and regulations.

Visa Options For New Businesses

Business visas in the UK allow you the right to live and work or visit the UK without restriction for a limited period of time, provided you and your business meet all of the eligibility criteria. For example, start-up business owners may be able to apply for an Innovator Founder visa. To be eligible for this visa your business must:

• Be new (you cannot join a business that is already trading).
• Be innovative (different from anything else on the market).
• Be viable and with the potential for growth.
• Be scalable (you must provide evidence of planning to create jobs and grow into national and international markets).

Your business must also be endorsed by an endorsing body that is approved by the UK’s Home Office and you must be able to prove your ability to speak, read, write and understand the English language before being granted a visa.

Visa Options For Business Visitors

If you want to visit the UK for business purposes such as to attend training, seminars or conferences or to sign or negotiate contract deals, depending on the country you are applying from, you may also need a visa. To be eligible for a UK Business Visitor visa you must:

• Have a passport or travel document valid for the duration of your trip.
• Provide proof you are travelling for business.
• Provide evidence that you intend to leave the UK once your trip has ended (such as a return ticket).
• Show that you have the funds to support yourself or that someone is supporting you financially for the duration of your trip.