Five mistakes HR teams make when applying for a UK Sponsor Licence — and how to avoid them
Dec 06 2024
Corporate Immigration, UK Immigration
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Five mistakes HR teams make when applying for a UK Sponsor Licence — and how to avoid them
The UK immigration system is designed to facilitate the recruitment of skilled workers from overseas, offering businesses opportunities to fill critical roles. However, organisations that wish to employ non-UK nationals are required to obtain a Sponsor Licence, and this process may prove to be complex and challenging for HR teams. Application mistakes can lead to delays, refusals or severe compliance penalties.
A successful Sponsor Licence application requires careful preparation, an understanding of the Home Office’s expectations and robust HR systems for ongoing compliance. This guide explores the top five mistakes HR teams often make when applying for a Sponsor Licence and provides actionable advice on how to avoid them.
Eligibility is the foundation of a successful Sponsor Licence application. However, HR teams often underestimate the importance of demonstrating their business’ legitimacy and its ability to meet sponsorship obligations.
A small tech company applied for a Sponsor Licence but was refused because they failed to include evidence of a corporate bank account which is regulated by the Prudential Regulation Authority and the Financial Conduct Authority. They successfully reapplied after satisfying this requirement by gathering all required documents.
Effective record-keeping is critical not only during the application process but also for ongoing compliance. Many HR teams fail to establish systems for managing employee data and sponsorship records, which can lead to compliance breaches.
An HR team relied on manual spreadsheets to track visa statuses, leading to missed expiration dates and a compliance breach. This was discovered during a Home Office compliance audit. By switching to an automated HR system and disclosing this new change to the Home Office, they avoided further penalties.
The application process involves submitting a range of documents to prove eligibility. Errors or omissions can result in delays, additional scrutiny or outright refusals.
A manufacturing company was subjected to additional scrutiny from the Home Office because they provided a lease agreement, which had already expired on the date of submission of their Sponsor Licence application. Supplying the correct and up-to-date document resolved the issue.
Many businesses mistakenly believe that their responsibilities end once the Sponsor Licence is granted. However, ongoing compliance is crucial to maintaining the Licence.
An HR team failed to report a sponsored employee’s promotion and significant change in her salary, leading to a Home Office investigation. By implementing a reporting checklist, they prevented future issues.
Issuing Certificates of Sponsorship (CoS) is a critical step in hiring overseas workers, but errors in this process can lead to visa refusals.
A software development company issued multiple CoSs for junior developer roles that did not meet the required salary threshold for the Skilled Worker route. As a result, the Home Office refused the visa applications, and the company faced scrutiny over the mismanagement of CoS. To resolve this, the company adjusted the salary levels to meet the requirements and improved its internal procedures to ensure future CoS assignments were compliant. After making these changes, they successfully retained their Sponsor Licence.
Applying for a Sponsor Licence is a meticulous and detail-oriented process. By avoiding these common pitfalls, you can ensure a smoother application experience and maintain compliance in the long term. If you are unsure about any stage of the application process, seeking advice from experienced immigration solicitors can save your business time, money and help you avoid frustration.
When it comes to securing a Sponsor Licence, precision and compliance are key. Choosing Gherson LLP ensures you have a trusted partner to guide you through this complex process. Here is what sets us apart:
Whether you are securing a Sponsor Licence to hire skilled workers or pursuing family immigration, Gherson LLP is here to provide the expertise and support you need.
Contact Gherson LLP today for a confidential consultation.
Updated: December 2024
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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 do not 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.
©Gherson 2024
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