If you are a UK based company or an organisation and want non-UK employees in your organisation, you need a sponsor license.
You can employ most foreign workers through a sponsor license, including Skilled Visa Workers. From 1 January 2021, you need a sponsor licence to hire EU, EEA, and Swiss nationals who arrived in the UK after 31 December 2020.
The Home Office grants sponsor licenses to such organisations only, showing the roles they are recruiting for, workers they are looking to sponsor and meet the other requirements. Your HR system in the organisation must comply with sponsorship compliance duties.
Types of Sponsor license
There are mainly two types of sponsor licenses offered by the Home Office, and these two categories have their sub-categories.
Two kinds of sponsor licenses are
1. Worker sponsor license - This license enables organisations to recruit staff from outside the UK on a long term basis, and it has sub-categories that include
a. Skilled worker
b. Intracompany visas and
c. Minister of Religion
2. Temporary Worker Sponsor license - This license allows organisations to recruit overseas nationals temporarily. Under this category, there are the following types available:
a. Creative or Sporting worker
b. Charity worker
c. Religious Worker
d. Government Authorised Exchange Worker
e. International Agreement worker
f. Seasonal worker
Eligibility for a sponsor license
You need to fulfil the following conditions to be eligible to apply for a sponsor license:
1. Your organisation must have a UK presence.
2. Your organisation must be trading or operating lawfully in the UK.
3. You must have HR systems and procedures in place.
4. If it is required that your organisation be registered or inspected by a
statutory body to operate lawfully in the UK, you must be registered with
the appropriate body and submit evidence for this.
5. At least one team member or director settled in the UK must fill the critical personnel roles.
6. You must offer genuine employment at the NQF Level 3 or above.
7. You must pay the correct salary as specified by the Home Office. The
minimum wage you need to pay for the Skilled Worker Visa is at least
£25,600 gross per annum, and it may be more or less depending upon
the specific job and the specific migrant you have chosen for the role.
Health and Care Workers have to paid a salary in accordance with Table 3
of
Appendix Skilled Occupations of the Immigration Rules.
Sponsor license duties
As an organisation, you need to comply with specific duties for sponsorship license to prevent illegal working. Home Office has prescribed the following responsibilities in its guidance:
1. Record keeping
2. Monitoring and reporting
3. Absence monitoring and
4. Notifying the Home Office when there are changes in circumstances.
If you are looking for advice and assistance in applying for a sponsor licence you can contact us for a free assessment with one of our lawyers at Visa and Migration Ltd. You can call 02034111261 or email info@visaandmigration.com...
