What Is The Difference Between Level 1 And Level 2 User Access To A Sponsor Licence?

Level 1 users are responsible for all the day-to-day management of the Sponsor Licence using the Sponsorship Management System (‘SMS’).

They can view and access all parts of the Sponsor Management System, request and assign Certificates of Sponsorship (‘CoS’), and make any reports required regarding the company or its sponsored workers.

The main difference between a Level 1 and 2 User is the level of access granted and tasks that can be undertaken. Level 2 users can only access the ‘Workers’ section of the SMS. They can create and assign CoSs to workers, and submit reports on workers where they have personally created and assigned the Certificate of Sponsorship, or where the CoS has been transferred to them by a Level 1 user. They cannot view the other parts of the Sponsor Management System, and they cannot therefore submit notifications regarding changes to the organisation itself, or requests for annual CoS allocations, or the renewal of the licence.

Who can be a Level 1 and Level 2 user?

A Level 1 user can be:

• A paid staff member within your organisation or an office holder (eg a Trustee or a Director);
• A UK-based representative,
• An employee of a third party organisation which delivers all or part of your HR function.

All of the above categories of people can also be a Level 2 user, but in addition you can appoint a temporary staff member supplied to you by an employment agency as a Level 2 user.

Neither a Level 1 nor Level 2 user can be:

• An independent contractor,
• A consultant contracted for a specific project; or
• Bankrupt.

Do you need Level 1 and Level 2 users?

You must have at least one Level 1 user at all times who is an employee or office-holder of the organisation.

There is no requirement to have a Level 2 user, unless you find it useful in operating your licence.

Although you can in theory nominate as many Level 1 and Level 2 Users as you like, the Home Office recommends that the numbers are kept low, because the Authorising Officer will be responsible for the actions of every User, and the more they are the harder it may be for them to maintain proper scrutiny.

How Gherson Can Help

Gherson has extensive experience in ensuring businesses understand their sponsor duties. Should you or your employer require any assistance with the management of your Sponsor Management System please do not hesitate to get in contact with the Corporate Immigration Department at Gherson.

If you have any queries relating to the blogs published or are interested in talking to us about your specific circumstances, please do not hesitate to contact us for advice, 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 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 2022