Sponsoring and hiring foreign nationals – applying for a sponsor licence

Whether it’s to fill a skills gap, tap into talented specialists or move senior leaders around your business to share knowledge, engaging workers from outside the UK or relocating key staff based overseas is likely to be vital for your business. The advantages of engaging migrant workers are numerous. However, doing so is subject to strict regulation, which is increasingly complex and often difficult to navigate.

Our business immigration team delivers bespoke commercial and practical advice, strategy and support to businesses about lawfully engaging workers in the UK, to ensure compliance with immigration requirements and UK employment law. We work closely with our colleagues in our Employment and HRExpress team to provide clients with a “one stop shop.”

Applying for sponsor licences

A sponsor licence allows UK-based businesses and organisations to employ non-UK skilled workers who are based overseas or within the UK, who require sponsorship, provided certain requirements are met. The role being sponsored must be in an eligible occupation (for more details visit the UK Government’s guidance on Skilled Worker Visa eligible occupations and codes and / or the Skilled Worker immigration salary list).

To apply for a sponsor licence, you must: 

1. Choose a license type: Select the relevant licence type for your organisation.
   
   The type of licence to be applied for depends on the type of organisation and the needs of the business. There are two broad types of Sponsor Licence: Worker and Temporary Worker. Within these two types, there are several different immigration routes including Skilled Worker, Global Business Mobility, Minister of Religion and International Sportsperson. A business can apply to the Home Office for licences in as many routes as it feels appropriate for their organisation. We can assist you with determining which licence or licences best suit the needs of your organisation and your recruitment plans.

2. Appoint key personnel: Name the people who will manage your systems through the Sponsorship Management System (SMS).
   
3. Check your HR systems and processes: Audit your existing HR and record-keeping systems and prepare for the possibility of a pre licence compliance visit from the Home Office. If you need any support, please reach out to our Employment and HRExpress team.
   
4. Complete an online application: Register on the Home Office website and fill out the application form. 
   
5. Pay the application fee: The fee depends on the size of your organisation and the type(s) of licence(s) applied for. 
   
6. Submit supporting documents: Provide the documents and evidence needed to meet the eligibility criteria in accordance with Appendix A: supporting documents for sponsor licence application (accessible version). 
   
7. Print and send the submission sheet: Print the submission sheet and send it to the Home Office with your supporting documents. 

The Home Office will assess your application against the eligibility and suitability criteria for becoming a Home Office approved sponsor.  The Home Office typically takes up to eight weeks to come to a decision on a sponsor licence application. However, there is also a priority service that costs £500 and usually returns a decision within 10 working days.

If your application is successful, you will be added to the Register of Licensed Sponsors and awarded a license rating. You will then be able to allocate Certificates of Sponsorship to candidates applying for a sponsored visa. 

If your application is refused, unfortunately there is no right of appeal. The Home Office may also put a ‘cooling off period’ on the organisation reapplying for a licence for a period of six months. Whilst there are remedies that exist to challenge the sponsor licence refusal, this process can be costly with no guarantees of success. A licence application refusal can therefore be a major setback for a business. It is crucial that your application and supporting documents are prepared thoroughly and that all requirements are met before your application is submitted, to give your application the greatest possibility of success.

Immigration rules – expertise whenever you need it

Of course, you’re already focused on running your business, and the complexities of immigration law can prove an unwanted distraction from overseeing growth and success. That’s where our knowledge and experience can really make life easier.

Business immigration is a complex legal process with rules and regulations that vary by country. As your UK business immigration specialists, we can guide your business through the UK immigration process from start to finish. We have many years of experience in assisting clients with this process, resulting in successful outcomes, meaning that our clients are able to recruit the best people for the job.

Whatever your business needs, our immigration team provides insightful, dependable and cost-effective advice. What’s more, our corporate and employment teams can also advise you on issues related to employing overseas nationals.

Testimonials

“Second-to-none in the South West, with an emerging national presence and expertise specifically as providing a bespoke multi-departmental service to the social care sector, at a time of exceptional and demanding changes.”

Legal 500

“To have the level of knowledge and support that Stephens Scown Immigration team has provided us with locally is fantastic. Such specialist advice is not easy to come by, but their expertise shows that it is not necessary to go to law firms in Bristol or London. We’d much rather use experts who are local to us and can meet with us face to face.”

BPA Quality

Speaking about the work with Lisa, Nick Connors of Stonehaven Care Group said that she was, “incredibly approachable and understanding. She will explain everything at the right level and ensure that it’s relatable. She’s prompt and friendly and asks if she or Stephens Scown can help with anything.”

For Nikki Cooper, “Lisa was brilliant. She gave great advice, and I enjoyed the time spent with her initially doing the audit of paperwork. She was amazing and I learned a lot.”

Stonehaven Care Group