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The United Kingdom has long been a worldwide talent hub, drawing qualified workers and enterprises from all over the world. Sponsorship of foreign workers and company formation in the UK are subject to ever-changing restrictions that mirror the dynamic nature of the global employment market. Obtaining a UK Sponsor Licence is an essential part of this process. It is required for organisations seeking to hire skilled international workers. Here, we’ll go over every single detail of UK Sponsor Licence eligibility. To ensure a seamless and successful sponsorship application, it is crucial to understand UK business sponsorship requirements. Whether an established firm expanding its workforce or a startup seeking global talent, this information is essential.
Basics of UK Sponsor Licence
Before discussing Sponsor Licence eligibility, you must understand a UK Sponsor Licence. A Sponsor Licence from the UK government allows an organisation to sponsor foreign citizens for work visas. Businesses hiring non-EEA or Swiss nationals need this licence.
The Home Office’s UKVI section handles the UK Sponsor Licence. This thorough process requires adherence to particular criteria, ongoing compliance duties, and periodic authority evaluations to guarantee sponsors satisfy the appropriate standards.
Read the UK Sponsor Licence application process.
What are the UK business sponsorship requirements?
UK Sponsor Licence eligibility requirements encompass several business sectors. Breaking down these parameters will help us understand. To qualify for UK visa sponsorship, you have to fulfil the following needs:
- Legally trading in the UK requires official registration. For instance, a limited liability corporation must register with the Companies House. There is no obligation for you to remain in operation for a certain period. However, at least one UK-based employee must communicate with the Home Office regarding the advertising licence.
- You must work in the UK. If not, we will promptly reject your request. You can apply for a sponsorship licence without a physical presence in the UK, even with a virtual business model. Nevertheless, you must present ample proof of your UK operations and legal capacity to satisfy your sponsor’s obligations;
- It is your responsibility to demonstrate to the Home Office that you are employed as a qualified foreign specialist. Home Office officials have the authority to ask for further job details to define the employee’s role more precisely;
- To carry out your responsibilities as a sponsor, you need a system for human resource management and recruitment. Home Office inspectors may visit both before and after issuing the licence to ensure compliance with this criterion.
- Every member of the company’s executive team, board of directors, and owners must have a perfect record when it comes to immigration and criminal offences, particularly those involving fraud and money laundering;
- If you have a history of having your sponsorship licence revoked for serious immigration law violations, you will not be able to receive another one. Additionally, you will need to show proof that you have the necessary authorization to operate a business in the UK.
Genuineness Test
You should think of the genuineness test as a business case. To fill the position with a foreign national, the Home Office will request proof of the need for a sponsor licence. Your application will pass the sincerity test if you can state compelling business reasons for the necessity of a licence and a particular role.
If your company wants to apply for a sponsor licence, during a licence compliance visit, or when you ask for a Certificate of Sponsorship, the genuineness test can be used at any time during your licence. In every case, the same standards are applied. The genuineness test examines the role(s) for which you are hiring foreign nationals, as well as how these functions fit into the overall structure of your business.
In every instance, you must prove the foreign worker’s position is a genuine vacancy. It follows that you have to prove:
- Ensuring that the role aligns with the stipulated category requirements, specifically fitting into one of the Standard Occupation Codes outlined by the government.
- Verifying that the role seamlessly integrates with your organization, meaning it is reasonable for a business of your type, operating within your sector, to require such a position. For instance, if you are a small restaurant looking to hire an HR Manager, the Home Office may question the need for an HR Manager in a small business with only a dozen staff members.
- If you have already identified a candidate for the role, confirm that their prior employment or training aligns with the new position. This ensures that you are not compensating an individual an additional £10k annually merely to meet the salary requirements of the designated category.
Validating Job Openings: Home Office Scrutiny & Detailed Descriptions
The Home Office may request additional proof or information from the company if a job opening is suspected to be not genuine. So, it’s important for companies to carefully craft job descriptions that match the responsibilities of each position. If the applicant does not submit this evidence within the specified timeframe, we may reject the application.
If there is reason to believe that a position is not real, the visa applicant may also face extra examination. Within 28 days, the Home Office may request more evidence or information from the applicant. Alternatively, the applicant may be invited to an interview, during which the caseworker will judge the applicant’s familiarity with the position, their relevant work experience, their familiarity with the UK sponsor, their explanation of their recruitment process, and any other pertinent details.
According to policy guidance from the Home Office, this extra level of scrutiny is not needed most of the time, but “high-risk” areas should get extra attention. There are no clear definitions of “high-risk sectors”. But we should give extra attention to any application from carers or people working in the hospitality business. When assessing the ‘genuineness’ of the application, we will also consider the applicant’s past immigration status.
Regardless of whether you are applying for the licence with a specific role in mind or not, the Home Office will still ask you the same questions regarding the type of position you intend to hire for in the future and determine if it fits with the overall organisation.
How to Select the Appropriate Sponsorship Licence?
Choosing the right sponsor licence hinges on the specific category of foreign workers you intend to engage. Essentially, the documentation required for foreign nationals to enter the UK determines the licence type.
For individuals seeking long-term employment, such as those arriving for a permanent job, Skilled Worker visas for intra-company transfer, sports professionals, and ministers of religion, long-term work visas are applicable.
Temporary visas invite qualified foreign workers to the UK for specific durations, like seasonal work or internships. These visas cater to individuals working for charitable causes, participating in tours, and competitions, delivering sermons, or engaging in conferences.
You can tailor your sponsorship licence to accommodate foreign workers from one specific category or both. It is crucial to emphasize that employers must support sponsored workers, as mentioned earlier.
- Ensuring Fair Remuneration: Employers must provide foreign employees with a minimum salary corresponding to their position.
- Demonstrating Competence: Sponsored workers must demonstrate ample experience and essential qualifications for successful job performance.
- Transparent Recruitment Practices: Employers must openly communicate with the Home Office, detailing the process through which they identified the employee for whom they seek the issuance of the requested certificate of sponsorship.
Seeking Expert Guidance for Your Sponsor Licence Application?
Applying for a sponsor licence is a mandatory step for employers sponsoring skilled overseas workers. The intricate, demanding, and costly nature of UK immigration rules burdens the process.
At UK Immigration Solicitors, our team of seasoned UK immigration specialists offers a comprehensive service for employer sponsorship licence applications. We possess extensive experience in navigating the intricate web of documentary and evidentiary requirements, ensuring a swift and hassle-free process. Additionally, we provide valuable insights on best practices for licence management, helping clients avoid potential enforcement issues. For assistance with your sponsor licence eligibility, feel free to reach out to us for guidance.
