What is a Sponsor Licence?
A sponsor licence is the authority you need from UK Visas and
Immigration to sponsor non-UK/Irish staff or students in the UK. A
licence lasts four years (unless withdrawn by the Home Office) and
must be renewed before expiry if you wish to continue to sponsor
overseas staff.
For a UK business or educational institution to be considered for a
sponsor licence, you must be able to prove the following:
- Your business/institution is legitimate and operates lawfully in the UK
- You have conducted a resident labour market test and failed to recruit from the resident market
- There are proper systems in place to monitor sponsored employees/students
- You are offering genuine employment with an appropriate salary or teaching
- You do not have a history of rejected sponsorship applications
Before applying for a sponsor licence, our solicitors can take a look at your organisation's policies, practices and documents to ensure they are in line with regulations. We can also advise on the best action to take should changes need to be made. We offer mock audits to firms wishing to test their HR systems.
Sponsor Licence
If you wish to employ a worker who is not an UK/Irish citizen, you must first apply for a sponsor licence. Once issued with the licence, you will be able to facilitate your employees or students' visa applications.
This will allow them to live and work legally in the UK long-term. There are multiple options for organisations and education institutions, which include:
- Skilled Worker – for a role which is on the shortage occupation list, or where there isn't talent available in the UK market.
- Intra-company transfer – for companies which operate in multiple countries and need to transfer employees to the UK on a long-term basis, or under a graduate training programme.
- T2 Minister of Religion – for people who are coming to the UK to work for a religious organisation.
- T2 Sportsperson – for sportspeople and coaches who are looking to take up roles at the highest level in their sport
Student and/ or Child Student Sponsor Licence
A Sponsor Licence is required if your educational institution wants to enrol students who are non-British or Irish. In order to be able to facilitate their visa application, the establishment must offer courses of study to full-time students in the UK.
As a Student and/or Child Student sponsor, you are responsible for:
- Ensuring the student attends their course
- Monitoring the student's unauthorised absences
- Contacting the authorities if the student leaves their course prior to the course end date
Educational establishments which fail to comply with their duties will be investigated by the UKVI who depending on the nature of the breach may take compliance action.
Applying for a Sponsor Licence
Once you have been deemed eligible for a sponsor licence, we will assist you through the stages of future PBS visa applications, ensuring you comply with the Home Office's requirements every step of the way. The process includes:
- Making sure you apply for the correct type of sponsor licence
- Helping you find someone suitable in your business/institution to manage the sponsoring
- Collating all the necessary supporting documents for your sponsor licence application
- Advising on the correct way to fill in the sponsor licence application form and ensuring you pay the correct fee
Our expert solicitors will be with you at every step of the visa application process.
Applying for a Sponsor Licence
Once you have been deemed eligible for a sponsor licence, we will assist you through the stages of future PBS visa applications, ensuring you comply with the Home Office's requirements every step of the way. The process includes:
- Making sure you apply for the correct type of sponsor licence
- Helping you find someone suitable in your business/institution to manage the sponsoring
- Collating all the necessary supporting documents for your sponsor licence application
- Advising on the correct way to fill in the sponsor licence application form and ensuring you pay the correct fee
Our expert solicitors will be with you at every step of the visa application process.
About civil penalties
If you are found to be employing a migrant worker without a sponsorship license, you could face severe penalties, as well as irreparable damage to your reputation. Punishment includes:
- imprisonment for up to five years;
- a fine of up to £20,000 per illegal worker.
If you are given a penalty notice, our specialist solicitors have expertise on the legal framework governing civil penalties and the measures you must employ in order to avoid them. We can advise on the merits of appealing and represent your interests in seeking to have the penalty reduced or cancelled.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
