We are a UK company with the overseas service supplier contract – how do we sponsor workers under the contract?

22 Jul 2024, 45 mins ago

If you have a service supplier contract with a professional from overseas, you may be able to sponsor their visa under the Global Business Mobility route. To do so, you must first obtain a relevant sponsor licence from the Home Office.

The Service Supplier visa under the Global Business Mobility route was designed to sponsor self-employed or employed professionals based overseas; this visa allows them to provide the relevant services for which the application was made for up to 6 to 12 months depending on their contract.

To sponsor an individual under the GBM route, you need to satisfy the following requirements:

1. The sponsor must hold a valid A-rated Global Business Mobility sponsor licence authorised by the Home Office, unless an exception applies.

Once your application for the sponsor licence is approved, you will automatically be granted with an A-rating status. You are required to maintain this status by having the right HR systems in place and monitoring your worker’s immigration status on a regular basis.

2. There must be a genuine need for the position within your organisation to be sponsored under this route

You will not be able to sponsor someone if the Home Office believes that the job the applicant is being sponsored to do does not exist or has been created mainly for the visa sponsorship.

It is important to demonstrate that you have a genuine vacancy for this role and the migrant individual’s qualifications and skills are required to provide service for the purpose of the sponsorship.

3. The sponsor must hold a service contract with an overseas service provider, where that contract has been registered with the Home Office.

It must be for a service covered by one of the international trade agreements between the UK and the country of the individual applying for visa under this route. The contract must also state that the applicant will work as a Service Supplier.

For comprehensive guidance and to ensure compliance, it is advisable to consult with a UK immigration lawyer specialising in sponsor licences. They can advise on the specifics of your situation and help steer your business toward a successful application.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in offering comprehensive support to businesses navigating sponsorship licence issues. If you have any questions arising from this blog, please do not hesitate to contact us for advice, or send us an e-mail. Don’t forget to follow us on XFacebookInstagram, 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 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.

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