The UK is recognised internationally for its economy and job prospects. Being such a developed nation, it has consistently drawn in workers from overseas, in many different sectors. There are people from every corner of the world, residing and working in the UK, adding to our economy and expanding the diversity of our talent and skill.
For many UK employers, they have recognised the potential in recruiting overseas workers for a plethora of different roles. But whether specialist or entry, UK companies must first acquire a sponsor licence before they can consider recruiting migrant workers.
Work Visa Sponsorship – The Basics
UKVI (UK Visas and Immigration) oversee the process of sponsorship licencing. By obtaining a sponsorship licence, it permits UK companies to employ non-UK residents. If granted, the sponsor licence allows UK employers to hire skilled workers for both short-term and long-term employment.
The work visa sponsorship system that has been implemented in the UK is there to ensure that migrant workers are being hired lawfully. Not only this, but it is there to ensure that employees being hired from outside of the UK are eligible to work and reside within its borders. The Home Office is reliant upon the sponsorship regime to prevent illegal workers from entering the UK, and to prevent misuse of the immigration system. It is also used to ensure the following:
- The sponsoring organisation is meeting all of its compliance duties that are expected when sponsoring overseas workers
- Sponsored employees have met the points requirements and are therefore sufficiently qualified to work within their allocated role, and they are equipped with the required language skills
- The role itself is meeting the requirements for necessary skill level, minimum salary and genuineness of the role itself
If the organisation fails to meet the compliance duties, then UKVI have the authority to take enforcement action. This can range from fines to revocation of their sponsor licence. This can lead to the detriment of the overseas workers, whereby they could lose their jobs, leading to their visas being curtailed and being forced to leave the country prematurely.
The UK visa sponsorship runs off a points-based immigration system. Through this system, there is several main routes for overseas workers to apply through:
- Temporary Worker visa
- Health and Care Worker visa
- Global Business Mobility visa
- Skilled worker visa
While there are several routes in which an overseas applicant can go through, each of these visa types require sponsorship from a licenced employer.
In order to employ workers under any of these visas, the UK employer must make a formal application to UK Visas and Immigration, which is the Home Office division that is responsible for the overseeing of UK immigration.
- If the organisation is granted a sponsor licence, this means that they have permission to sponsor international workers, provided they have valid visas. An individual cannot be considered a licenced sponsor however – it can only be an organisation.
Meeting the Eligibility Criteria
It is important to note that there are no restrictions on either the size or type of organisation that can hold a sponsor licence. As long as they have proven themselves to meet the eligibility and suitability criteria of the category or tier of sponsorship licence they are applying for, they will be granted a sponsorship licence.
If sufficient steps have not been taken to ensure that the eligibility and suitability criteria have been met, this can and most likely will result in a rejected application. If you are considering applying for a sponsorship licence, you should consider the following factors.
Criteria of Eligibility
- Is your organisation genuine, and operating and/or trading lawfully in the UK?
Your business must be an above-board, authentic entity. If, for example, you own a Limited company, you must be registered with Companies house. Despite there being no regulations around the amount of time a company has been trading, there needs to be someone resident within the UK who works within the organisation who can liaise with UKVI to address any queries related to the application.
- Is your organisation UK-based?
If there is no trading presence within the UK, the application will be refused by the Home Office. You don’t necessarily need to occupy a physical premises within the UK – in fact, there are many companies that operate on a virtual business model. With this being said, the organisation must be able to demonstrate that it can meet the required sponsor duties and obligations set out by UKVI, and they must be able to provide evidence that they are operating or trading lawfully within the UK.
Criteria of Suitability
- Is the job vacancy genuine, and does it meet the skilled worker criteria?
The Home Office could request additional evidence in order to verify details of the role. This includes the specific nature of the job, its duties and confirmation that this role genuinely exists. If the job description has been exaggerated to meet the skill level requirements for a skilled worker visa, it may rouse suspicion and lead to an investigation from UKVI.
- Is there a sufficient HR/recruitment system in place to ensure compliance with licence compliance duties?
A site inspection may be made to ensure this is the case.
- Can the company be considered ‘honest, dependable and reliable’?
If the owner, director or appointed key personnel have any unspent criminal convictions, this can lead to an application refusal. The Home Office will test the genuineness of the organisation, and as such, they will want to see a detailed breakdown of why an application is being made for a sponsor licence, and why hiring overseas workers has been implemented into the business operations.
- Is there a history of non-compliance, or does the organisation pose a threat to immigration control?
- (If relevant to the organisation) has appropriate planning permission or has Local Planning Authority consented to the operation of the business?
Need Assistance? Let us Know!
The process of applying for a sponsor licence is complex, tricky and requires a lot of knowledge and understanding. Here at Borderless, our team of Business Immigration experts are here to address any concerns or queries you may have.
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