Changes to Level 1 User & Key Personnel Requirements – Skilled Worker Sponsor Licence

Recent updates from the Home Office introduce new requirements for Level 1 Users and Key Personnel under the skilled worker visa route. These changes take effect from 31 December 2024 and are critical for ensuring ongoing compliance with your sponsor licence.

Key Personnel Roles Explained

Every organisation applying for a sponsor licence must fill the following Key Personnel roles:

1. Authorising Officer – A senior person accountable for the organisation’s compliance.
2. Key Contact – The main point of communication with UK Visas & Immigration (UKVI).
3. Level 1 User – Responsible for day-to-day activities in the sponsor management system (SMS), such as assigning Certificates of Sponsorship (CoS) and reporting changes.

Additionally, organisations may appoint Level 2 Users with limited system permissions.

New Requirements for Level 1 Users

From 31 December 2024, new applicants must nominate a primary Level 1 User who meets the following criteria:

• They are an employee, director, or partner within the organisation.
• They are a ‘settled worker’, as defined in UKVI guidance.

Failure to nominate a compliant Level 1 User will likely result in a sponsor licence application refusal. Existing licence holders are required to maintain a compliant Level 1 User throughout the validity of their licence to avoid sponsor licence revocation.

Can Legal Representatives Be Appointed as Level 1 Users?

A legal representative cannot be appointed as your primary Level 1 User during the application process. However, after your licence is granted, you can appoint them as an additional Level 1 or Level 2 User.

Additional Level 1 Users

Once your sponsor licence is approved, you can appoint more Level 1 Users if they meet one of these conditions:

• They are a paid employee or office holder.
• They are a UK-based representative delivering HR services.

Exceptions to the 'Settled Worker' Requirement

Certain organisations and roles are exempt from the settled worker requirement. These include:

• Diplomatic missions, consular posts, or international organisations.
• Authorising Officers with valid visas under categories such as Global Talent, Start-up, Innovator, or UK Expansion Worker.

However, these organisations must still appoint a Level 1 User who is an employee, director, or partner.

Transitional Arrangements for Current Sponsors

If you hold a valid sponsor licence before 31 December 2024, you must have:

• At least one Level 1 User who is an employee, director, or partner.
• At least one Level 1 User who is a settled worker (unless exempt).

In future updates, the Home Office may require all sponsors to have a single Level 1 User meeting both criteria. To ensure smooth compliance, organisations should prepare by reviewing their Key Personnel now.

Avoid Compliance Issues with Borderless

Navigating compliance can be challenging, especially with evolving regulations. Borderless helps organisations automate compliance management, keeping your sponsor licence compliance audit-ready. Our tools streamline sponsorship tasks such as SMS Level 1 User management and reporting worker changes, reducing risks of sponsor licence revocation.

Need advice on managing your Key Personnel or sponsor obligations? Get in touch today.

Disclaimer: This content is for general information purposes only. Seek professional advice for your specific circumstances.