Businesses intending to hire personnel from beyond the shores of the United Kingdom— including the European Union and countries within the European Economic Area who have arrived post the pivotal date of December 31, 2020—must typically procure a sponsor license. This requirement is not limited to commercial enterprises but extends to all forms of employment, encompassing even voluntary roles within the altruistic sphere of charity work.
However, it's important to note that not all employment scenarios necessitate a sponsor licence. There are certain exceptions to this mandate. A more comprehensive list of exemptions and further details regarding non-sponsorship criteria can be found through dedicated section under the ‘Individuals exempted from requiring sponsorship to work in the UK’
It is imperative for employers to understand that sponsorship, while a fundamental component of the visa application process, does not in itself guarantee the issuance of a work visa. The visa acquisition process involves a separate set of criteria and procedures that must be successfully navigated by the prospective employee. It is crucial for employers to be well-versed in these nuances to effectively manage their international recruitment strategies and be absolutely clear that sponsoring an individual does not guarantee that they will automatically receive a visa to work in the UK.
Equally, it’s important for prospective employees to note and consider that Visa applications are subject to a separate assessment process, and sponsorship merely represents the initial step in enabling an individual to work in the UK.
The ultimate decision regarding a visa application rests with the UK immigration authorities, who carefully evaluate various factors, including eligibility criteria and compliance with immigration rules.
In conclusion, acquiring a sponsor licence is a fundamental requirement for employers seeking to bring in individuals from outside the UK to work for them. While there are exceptions to this rule, such as Irish citizens and those with settled or pre-settled status under the EU Settlement Scheme or indefinite leave to remain, it is essential to recognize that sponsorship is only the first step in the immigration process. The pursuit of a sponsor license is a serious undertaking, reflecting the employer's commitment to adhering to the rigorous standards and responsibilities set forth by UK immigration regulations. It is a demonstration of the employer's readiness to engage with the complex legal frameworks that govern the employment of international workers and to uphold the integrity of the UK's immigration system.
There are some exemptions from requiring sponsor license for employers when they employ individuals with certain type of visa as well as certain individuals do not require a sponsor to come to the UK and engage in employment. Below is the list of exemptions from Sponsorship Requirements:
1. British citizens
2. Irish citizens: Individuals hailing from Ireland, Irish citizens enjoy an exemption from the sponsor licence requirement (subject to certain conditions)
3. Individuals with Settled or Pre-settled Status under the EU Settlement Scheme (EUSS): Beneficiaries of the EU Settlement Scheme bearing either settled or pre-settled status. Or Those who have acquired settled or pre-settled status through the EU Settlement Scheme are not subject to the sponsorship requirement. This scheme provides a pathway for EU, EEA, and Swiss nationals to secure their residence status in the UK post-Brexit.
4. Workers Awaiting EUSS (EU Settlement Scheme) Application Decision can be employed without sponsorship if they:A.Have submitted a valid EUSS application and is ‘in process’ B.Are awaiting a decision or outcome of administrative review or appeal. C.Are in possession of a 'Certificate of Application' (CoA). This certificate serves as a temporary affirmation of the right to work while their application is under review.
5. EU, EEA, or Swiss nationals employed prior to June 30, 2021, assuming proper right-to-work checks were carried out at that time.
6. British Overseas Territories Citizens (excluding those from sovereign base areas in Cyprus)
7. Commonwealth citizens with proof of right of abode in the UK, including:
o British Overseas Territories citizens
o British National (Overseas)
o British Overseas citizens
o British subjects
o Citizens of countries listed in Schedule 3 to the British Nationality Act 1981
8. Commonwealth citizens with permission under the UK Ancestry route based on a grandparent born in the UK or Islands
9. ‘Settled’ workers or Individuals with indefinite leave to enter or remain (settlement) in the UK are exempt from the necessity of sponsorship. Indefinite leave to remain signifies that these individuals have been granted the right to live and work in the UK without any time limitations. Individuals possessing indefinite leave to remain in the UK, also known as settlement:
o Can work in the UK without any restrictions
o Do not require sponsorship from employers to work for them
o Employers must conduct appropriate right-to-work checks
o Follow-up checks required if they have time-limited permission
Employers should consult the 'Right to work checks: an employer's guide' for detailed procedures on validating a CoA. It is paramount for employers to remain vigilant and informed regarding the status of their employees' right to work to ensure legal compliance within the UK’s immigration regulatory framework. Employers must cease the employment of individuals whose EUSS application has been denied and all subsequent applications for an administrative reviews or appeals have proven unsuccessful, and assuming that the worker is unable to provide evidence of their right to work by other means. These awareness and actions are essential for employers to maintain the legal integrity of their operations and to avoid the penalties associated with non-compliance.
General Requirements to obtain Skilled Worker Sponsor License:
Evaluating Your Sponsorship License Application
Adding Skilled Worker Route to Existing Licence:
Renewing Your Skilled Worker Sponsor Licence:
To obtain professional, most up-to-date, and accurate advice on your visa application you can contact our experienced, and accredited team of immigration consultants on 020 3911 1115 or send us your query using this form or email us on ukvisa@agclservices.com or request a call back by providing your contact details here and we will get back to you asap.
Sponsorship Management Roles in UK Visa Sponsorship:
When applying for a sponsorship license in the UK, it’s crucial for businesses to designate specific individuals within their organization to oversee the sponsorship process. These roles are pivotal in ensuring compliance with immigration regulations and maintaining a smooth sponsorship process. When applying for a sponsor licence, they will rely heavily on primary tool, called the Sponsorship Management System (SMS), a digital platform that facilitates the management of your sponsorship duties. This is a key step in ensuring compliance and smooth operation of the sponsorship system.
Who Does What in Visa Sponsorship Management
Employer’s Responsibilities as a Sponsor License Holder
A-Rating: Full Sponsor License:
Provisional Rating for UK Expansion Worker Sponsorship:
B-Rating: A Cautionary Downgrade:
The Road to an A-Rating Upgrade:
Second B-Rating and License Limitations:
Reapplication After License Revocation:
Seeking Expert Guidance for Your Sponsor License Application
For Specific Bodies and Government Organisations:
For Regulated Entities:
For Route-Specific Applications:
For Expansion and Overseas Presence:
Translated Documents:
How AGCL Services can assist your organization with a “Sponsor License Application”
When preparing to apply for a sponsorship license, here’s a straightforward guide to get you started:
How AGCL Services can help you with Skilled Worker Sponsor License Application?
Standard Processing Duration:
Potential Visit from UKVI:
Expedited Processing Option:
Limitations for Expedited Services:
Understanding the Validity of Skilled Worker Sponsor License:
Responsibilities as a Sponsor:
Maximum Number of Certificates of Sponsorship (CoS):
Criteria to determine if you’re a small or charitable sponsor organisation:
Understanding the “Immigration Skill Charge” Requirements
Q.1 What does the term ‘Job Offer’ entail in relation to CoS requirement? What is the significance of a ‘Genuine Job Vacancy’ in this context?”
Q.2 What is “Skill Level”?
Q.3 What is SOC – Shortage Occupation Classification List?
Q.4 What is “Minimum Salary Threshold requirement” for Skilled Worker Visa?
Q.5 What is a Valid Certificate of Sponsorship?
Q.6 What is the Immigration Skills Charge, and when is it applicable?
Q.7 When must I pay the Immigration Skills Charge?
Q.8 Are there any exceptions where the Immigration Skills Charge does not apply?
Q.9 Does the charge apply to the worker’s dependants, such as their partner or child?
Q.10 Is there an exception for Immigration Skills Charge if I’m sponsoring someone switching from a UK student visa to a work visa?
Q.11 Are there specific conditions for not paying the charge in the Global Business Mobility Senior or Specialist Worker route?
Q.12 What happens if the person I’m sponsoring changes jobs within my organization?
Q.13 How do I make payment for the Immigration Skills Charge?
Q.14 Who can apply for a UK Sponsor License?
Q.15 What types of Sponsor Licenses are available?
Q.16 How much does it cost to apply for a Sponsor License?
Q.17 How long does it take to obtain a Sponsor License?
Q.18 Can a legal representative help with my Sponsor License application?
Q.19 What happens if I don’t meet my responsibilities as a sponsor?
Q.20 How can I maintain an A-rated Sponsor License?
Q.21 What is the process to upgrade a B-rated license to an A-rated license?
Q.22 Can I apply for a Sponsor License if I already employ overseas workers?
Q.23 Can I sponsor workers for any type of job?
Q.24 What is the validity period of a Sponsor License?
To obtain professional, most up-to-date, and accurate advice on your visa requirement please contact our experienced, and accredited team of immigration consultants on 020 3911 1115 or send us your query using this form or email us or request a call back.
You cannot copy content of this page