The first step for any company looking to sponsor an individual for a work visa is obtaining a sponsor licence. Once obtained a sponsor licence is then valid for four years and allows a company to sponsor as many individuals as is necessary by issuing Certificates of Sponsorship (although sponsorship requests must be justified).
Generally speaking a well established company should have the requisite documentation available to apply for a licence, however the correct procedures and processes must be followed and there are certain pitfalls to avoid to ensure the licence is successfully granted.
Obtaining a licence:
Basic considerations
A company needs to be established in the UK with a sufficient UK footprint, which must be at least one UK based settled person who can assume the role of authorising officer and initial level 1 user.
A company will need to be able to provide at least four documents from the Appendix A list found here and will also need to consider which routes to apply for e.g Skilled Worker, Global Mobility, Temporary Worker routes
If a prospective candidate has been identified relevant supporting documentation should be submitted confirming the candidate.
Companies should have robust HR systems/processes in place to satisfy Home Office sponsorship and compliance obligations.
Process
There are three overall steps in applying for the licence:
A sponsor licence application submitted on the standard track typically takes around six to eight weeks to be considered and approved by the Home Office. There is an option to expedite this to 10 working days with a priority payment of £500 although do note there are limited priority slots available each day.
Costs
The cost of obtaining a licence depends on the size and turnover of your company, with companies considered a small company under the Companies Act 2006 paying a fee of £536 while the fee for medium and larger sized companies comes in at £1476.
After each four year period the licence would need to be renewed and the above fees paid as part of the renewal process to be able to continue sponsoring workers.
How we can help
We can offer a full service in respect to filing the application, preparing and drafting the relevant forms, ensuring the correct documentation is available and has been submitted in the correct format, and advising on the respective compliance obligations going forward as a sponsor licence holder.
It is important to file an application correctly and compliantly as a refusal may result in a minimum 6 month cooling off period before you are able to re-apply. Please contact Tom Mayhew, Partner and Head of Immigration, at tom.mayhew@smb.london for further information.
This article examines three significant case studies that demonstrate how emerging technologies intersect with key areas of law and regulation. These include: the use of AI-based chatbots for customer service in the context of consumer rights; generative AI in relation to the Online Safety Act; and the application of generative AI in creating advertisements under the CAP Code.
Read more
The Digital Markets, Competition and Consumer Act 2024 (DMCC) regulates large technology providers, expands CMA powers, and introduces new consumer protections.
Read more
Following its first consultation on the future of security of tenure for business tenants under the Landlord and Tenant Act 1954 (“Act”), the Law Commission has issued an interim statement, indicating that only limited reforms are currently being proposed.
Read more