The need to obtain a
Sponsorship Licence arises regardless of the duration for which you plan to hire a foreign employee. Even if you are bringing in a specialist from abroad to work unpaid, such as in a charity organisation, the first step should be obtaining this licence.
In the UK, the issuance of Sponsorship Licences is handled by a specialised unit of the British immigration service. Before registering and applying for the licence, it is crucial to take at least two actions:
Seek support from an experienced immigration lawyer who can act as a consultant or representative in dealings with the British Home Office. Ensure that your company meets all requirements of the British immigration authorities.
Before applying for a Sponsorship Licence, it is advisable to consider the following requirements:
There must be no unspent convictions for immigration offences or other serious crimes such as fraud or money laundering. The sponsor licence should not have been revoked within the last 12 months. There must be systems in place to control the employees sponsored by the company, as well as the personnel responsible for managing sponsorship within the business. The UK Visa and Immigration (UKVI) will assess your application and submitted documents. On-site inspections may be conducted to verify reliability and capability to fulfil obligations.
Additional criteria include:
The company must be a legally registered organisation operating in the UK. Currently, the company is not required to operate in England for a specific period, but must have an employee residing in the country who maintains communication with the Home Office. The company must conduct business within the UK. The employer must demonstrate a vacancy for a foreign specialist corresponding to the level of qualification. There must be an operational personnel management and recruitment system. Employers, as well as owners, directors, and key personnel, must not have violated immigration laws or have unspent convictions for criminal offences, including fraud and money laundering.
The employer must not have previously been deprived of a Sponsorship Licence due to systematic violations of immigration service requirements.
If necessary, the company must have permission to conduct its business activities required for its type of business.
When applying for a Sponsorship Licence, you need to appoint key roles in your company to manage this process. The main tool for this will be the Sponsor Management System (SMS).
Roles include:
Authorising Officer — a senior and competent individual responsible for actions of employees and representatives using the SMS.
Key Contact — the primary contact person for the UK Visa and Immigration Service (UKVI).
Level 1 User — responsible for daily management of the licence through SMS.
These roles can be performed by the same person or different individuals.
After obtaining the licence, you may also appoint a Level 2 User. This user has limited access to the SMS compared to a Level 1 User and, for example, cannot revoke the sponsorship certificate.
Eligibility check:
Your company and appointed employees must be checked to ensure they are suitable for their roles. For instance, you cannot obtain a licence if anyone involved has a conviction for an offence listed in the sponsor guidance or has been fined by UKVI in the last 12 months.
Your responsibilities include meeting administrative requirements, such as maintaining complete and up-to-date records available for UKVI inspection at any time. You must also notify UKVI of changes to the company and ensure compliance with sponsorship requirements.
When applying for a Sponsorship Licence, you must provide documents confirming the stability and legality of your business, including bank statements, lease agreements, or financial reports. These steps are essential to properly manage the Sponsorship Licence and comply with UKVI requirements.