Understanding UK immigration rules and regulations for skilled workers can be a challenge for businesses seeking to bolster their workforce. From acquiring a Sponsorship Licence to ensuring you meet the obligations for Skilled Worker Visas, compliance is critical for organisations aiming to recruit and retain skilled professionals.
The good news is that the UK’s immigration system is designed to attract skilled workers from around the world. Central to this system is the Sponsorship Licence (SPL), which employers must have in order to hire non-UK workers. So this article delves into the process of obtaining a Sponsorship Licence, specifically for skilled workers, and the subsequent steps for securing a Skilled Worker Visa.
Stage 1: Acquiring the Sponsorship Licence
Obtaining a Sponsorship Licence is a crucial first step for any UK employer wishing to recruit skilled workers from abroad. The first step involves being approved by the UK Home Office. Here’s a breakdown of the process:
- General eligibility check: Before applying, an employer must ensure they meet certain general requirements:
- The business must be legitimate and operating or trading lawfully in the UK.
- There must be no history of unspent criminal convictions for immigration offences or certain other crimes, such as fraud or money laundering.
- The business must have appropriate systems in place to monitor sponsored employees.
Specific eligibility check: When applying specifically for a Sponsor Licence for skilled workers, you will need to ensure you cover the following:
- You can provide a job that aligns with the skill level criteria of the Skilled Worker route.
- You can offer a position that satisfies the salary threshold required for the Skilled Worker route.
- The role (or roles) you intend to sponsor are legitimate.
- There is a direct employment relationship between you (the sponsor) and the worker, and you are not sponsoring a position that involves supplying the worker to a third party for regular or ongoing tasks.
A note on eligibility: When dealing with both the general eligibility checks and those specific to skilled workers, it is highly recommended you work with an immigration lawyer who can support you through the entire process of satisfying the Home Office’s requirements. You can read more about the supporting documents for sponsor applications on the UK Home Office website here.
Key personnel: Before applying for a Sponsor Licence, you must designate an Authorising Officer to oversee your sponsorship licence, a Key Contact to serve as the primary liaison between your business and the Home Office, and appoint at least one Level 1 User to handle daily sponsorship tasks.
Application preparation: Employers need to gather the necessary documents to prove their eligibility and readiness to sponsor overseas workers. These documents may include:
- Proof of registration with HMRC.
- Recent bank statements and audited accounts.
- Evidence of business premises such as a lease agreement.
Application Submission: The application for a Sponsorship Licence is submitted online through the UK Visas and Immigration (UKVI) website. The fee you will incur varies depending on the size and type of the organisation:
- Small or charitable sponsors: £536.
- Medium or large sponsors: £1,476.
A note on supporting documents: After submitting the online form, employers must send the necessary supporting documents to UKVI within five working days. Failing to do so may result in the application being rejected.
Compliance check: The Home Office may visit your organisation during this process (and/or once you are approved) to look at your HR systems and speak to the Authorising Officer. UKVI’s visits are to ensure compliance with sponsorship duties including keeping accurate records of sponsored employees, reporting significant changes, and ensuring that workers comply with their visa conditions.
Decision: If UKVI is satisfied with the application and compliance check, the employer will be granted a Sponsorship Licence. The Home Office generally takes up to 8 weeks to process sponsor licence applications. For a faster decision, a priority service is available for £500, which will provide a response within 10 working days. If your Sponsor Licence application is approved, the licence will be valid for 10 years. To continue sponsoring workers beyond this period, you must apply to renew your Sponsor Licence before it expires.
Stage 2: Skilled worker visa application
Once the Sponsorship Licence is granted, the next stage involves the actual recruitment of skilled workers and their visa application. Let’s break down these steps:
Certificate of Sponsorship (CoS): The employer issues a Certificate of Sponsorship to the prospective employee. This electronic document contains a unique reference number that the worker will need for their visa application.
Types of CoS: CoS can either be ‘Defined’ (for applicants applying from outside the UK) or ‘Undefined’ (for those applying from within the UK). Employers must apply for defined and Undefined CoS through their Sponsor Management System. The Home Office will require you to estimate and give reasons for the number of Undefined CoS that you want to assign in your first year of being a licensed sponsor.
Job requirements: The job must meet the skill level and salary thresholds specified by UKVI. For a Skilled Worker Visa, the job usually needs to be at RQF Level 3 (A-level equivalent) or above.
Usually the salary must meet the general salary threshold of £38,700. You can read more on our blog about recent changes to salary thresholds and how ‘going rates’ are calculated.
Visa application: The worker applies for their visa online, providing the CoS reference number, proof of their knowledge of English, and supporting documents such as a valid passport and evidence of financial support (unless the employer has certified maintenance on the CoS). The application fee and healthcare surcharge must be paid. Fees vary depending on the length of the visa and whether the job is on the shortage occupation list.
Decision and arrival: If the visa application is approved, the worker can travel to the UK and start their employment. They will be issued a Biometric Residence Permit (BRP) upon arrival, which they must collect from a designated location.
Conclusion
Navigating the UK immigration system can be complex, but understanding the Sponsorship Licence and Skilled Worker Visa processes is essential for both employers and prospective employees. By following these steps, UK businesses can benefit from a diverse and skilled workforce, while workers can embark on new career opportunities in the UK.
Putting together a Sponsor Licence application and subsequent Skilled Worker Visa application can be a difficult process, requiring a strategic approach to ensure your business does not waste time or money. With this in mind, it’s important to get the advice of an immigration expert throughout the process. With an unrivalled success rate, YI Solutions works with businesses of all sizes to ensure they are able to efficiently bring in the necessary global talent to make their organisation thrive. Contact us for a free consultation and let us assist you on your visa application journey.
