Can I sponsor a relative through my business?

We are frequently asked by business owners whether their company can sponsor a family member under their UK employer sponsor licence.

The answer is that you may be able to sponsor a relative, however, you will probably need to follow another process, different from the one you may have used to sponsor a worker without familial ties to you. You should also be aware that this might invite increased scrutiny from the Home Office in relation to your sponsor activities.

Who can assign a COS to a family member?

Every migrant sponsored by an employer is assigned a so-called Certificate of Sponsorship (COS). This Certificate sets out the main employment conditions, including a description of the role, the work location and the salary. As a rule, a COS is prepared by Immigration Services Providers, who will then ask a dedicated person in the Sponsoring Entity to confirm that all details are correct before submitting the Certificate via the electronic Sponsorship Management System (SMS). However, occasionally, an existing employee at the Sponsoring Entity may also submit a COS.

Generally, those wanting to assign a COS to a family member are expected to face restrictions, and even if the COS is assigned by an Immigration Services Provider, they will be obliged to disclose the family relationship to the Home Office on the COS form.

There are two levels of access to the SMS: Level 1 and Level 2. Level 1 users enjoy full access to the SMS, while Level 2 users’ access to the SMS is limited. Neither type may assign a COS to themselves or a close relative or partner (a spouse or civil partner, an unmarried or a same-sex partner, a parent or step-parent, a son or step-son, a daughter or step-daughter, a brother, step-brother or half-brother, a sister, step-sister or half-sister, a nephew, niece, or cousin, an aunt or uncle, a father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law). In order to do so they will have to find another Level 1 or 2 user, who can assign the relevant COS. Although an Immigration Services Provider can assign a COS in this case, it is advisable to ask someone else to sign it off, even if the relevant close family member ordinarily deals with all COSs issued under their licence.

Consequences of not disclosing a family relationship

The Home Office is likely to scrutinise an application for sponsoring a family member very closely. This may even prompt a visit from the Home Office to the employer in order to conduct a compliance audit. Regardless, the relationship should always be disclosed as the Home Office may suspend or revoke the sponsor licence as a result of non-disclosure. Revocation of licence would mean that all sponsored migrants would have to leave the UK or find a new sponsor within 60 days (or before the expiry of their visa, whichever is the earlier). It would also mean that the employer would no longer be able to sponsor new migrants for a number of months.

Sponsor licence compliance is a complex matter, and innocent mistakes can easily be made. It is advisable to exercise extra caution when sponsoring or planning to sponsor a family member of someone who already works at your organisation.

How can we help?

Gherson’s Corporate Immigration team has extensive experience in all aspects of Sponsor Licences, and would be happy to assist. Please do not hesitate to contact us to discuss your options, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, or, LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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