Applying for a UK Sponsor Licence can be complicated, but understanding the key aspects of this process can significantly smoothen the journey. Whether you are a new applicant or looking for clarification, this blog will answer some of the most common questions businesses have when applying for a Sponsor Licence.
1. What is a Certificate of Sponsorship (CoS), and how do I allocate one?
A Certificate of Sponsorship (CoS) is an electronic document required for overseas workers to apply for a UK visa. Employers must ensure the role meets eligibility criteria, and CoS allocations are requested through the Sponsor Management System (SMS).
2. What documents are required for a Sponsor Licence application?
The documents required for a Sponsor Licence vary based on the size and type of the business and the immigration route the company is applying for. Commonly required documents include proof of VAT registration, bank statements, business registration and evidence of physical premises. The Home Office provides a detailed list of acceptable documents.
3. Can I apply for multiple Sponsor Licences?
Yes, businesses operating in multiple sectors or under different entities can apply for separate Sponsor Licences. Each licence is assessed independently based on the specific entity or sector.
4. Can a Sponsor Licence be revoked?
Yes, a Sponsor Licence can be revoked if the business fails to meet compliance obligations, such as reporting changes in employee status or conducting necessary right-to-work checks.
5. What is the validity period of a Sponsor Licence?
A Sponsor Licence is valid for 4 years from the date it is granted. It is automatically renewed unless there is an issue with your compliance or other concerns raised by the Home Office. However, businesses must ensure they remain compliant with the Home Office’s requirements to avoid any disruptions in the renewal process.
6. What happens if my Sponsor Licence application is refused?
If your application is refused, there is no formal appeal process. However, you can reapply after addressing the reasons for the refusal. Seeking advice from an immigration expert can help you avoid repeating the same errors.
7. How can I appeal if my application is refused?
There is no formal appeal process for Sponsor Licence refusals, but you can submit a fresh application after addressing the reasons for the refusal.
8. How long does it take to receive a decision on a Sponsor Licence application?
Typically, the Home Office processes Sponsor Licence applications within 8 weeks. Opting for the priority service can reduce the processing time to 10 working days, depending on availability.
9. Can I hire any worker from overseas with a Sponsor Licence?
No, a Sponsor Licence only allows you to sponsor workers for eligible roles that meet specific visa criteria. These include the Skilled Worker or Global Business Mobility routes, each of which has its own skill and salary requirements.
10. What roles qualify under the Skilled Worker route?
Roles under the Skilled Worker route must meet skill and salary thresholds. Typically, this requires a role to have at least RQF Level 3 qualifications (equivalent to A-levels) and a minimum salary of £38,700, the on-going rate for the specific job code or £10.75 per hour, whichever is the highest.
11. What are the consequences of non-compliance with Sponsor Licence duties?
Non-compliance with Sponsor Licence duties can result in fines, suspension or revocation of your licence. It can also harm your ability to sponsor international workers in the future.
12. Do I need to renew my Sponsor Licence?
As above, a Sponsor Licence is initially valid for 4 years from the date it is granted and is automatically renewed, provided there are no compliance issues or concerns raised by the Home Office. To ensure a smooth automatic renewal process, businesses must stay compliant with the Home Office’s requirements.
13. Can small businesses apply for a Sponsor Licence?
Yes, small businesses can apply for a Sponsor Licence. They must meet the same eligibility criteria as larger businesses, but the application fee is lower for small businesses and charities.
14. What is the difference between a defined and undefined CoS?
A defined CoS is for Skilled Worker applicants applying from outside the UK, while an undefined CoS is for those already in the UK (e.g. switching visa categories). Defined CoS allocations must be requested separately through the Sponsor Management System.
15. Do I need to advertise job roles before sponsoring a worker?
The formal Resident Labour Market Test requirement has been abolished. However, you must still ensure that the role meets the skill and salary thresholds under the Skilled Worker route and that genuine vacancy of the roles is demonstrated. Additionally, you must maintain records of your recruitment process in case the Home Office requests them.
Conclusion
Understanding the ins and outs of a Sponsor Licence application can save businesses time and resources. From ensuring the right documentation to complying with ongoing obligations, it is important to stay informed. If you have doubts about any aspect of the process, consulting with an immigration expert can help ensure a smoother application experience and ongoing compliance.
By addressing these frequently asked questions, we hope to have clarified some of the complexities surrounding the Sponsor Licence application process, helping your business navigate UK immigration requirements with confidence.
Updated: 9 December 2024
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