Sponsorship License Guideline
If a UK based organisation wishes to employ an overseas applicant in the UK they must be a sponsor for that person. For the purposes of the points based Tier system, an overseas applicant is a national of a country outside the EEA and Switzerland.
The points based system is used in all Tier 1 to 5 applications. Before they can apply anybody wishing to come to the UK must have a sponsor with a sponsorship licence in the UK which plays a main part in the application for a UK Visa. All sponsors hold full responsibility of each candidate they sponsor. The UKBA will take away any sponsorship licence if they feel a sponsor has not fulfilled the relevant criteria.
An employer will need to register with the UK Border Agency as a licensed sponsor in order to sponsor applicants. The employer will need to meet certain requirements for Tier 2 and will need to accept responsibilities to help with the immigration control.
What does the UK Sponsorship licence entail?
Before an applicant can apply for leave to enter the UK or remain in the UK under the Tier 2 visa scheme, the sponsor must first need to assign a Certificate of Sponsorship. This will act as an assurance that the applicant has the ability to undertake a particular job.
The sponsor has a duty to keep copies of the applicant's passport or UK immigration status document and contact details.
Sponsorship Licence eligibility
- The sponsor must ensure ongoing agreement with immigration law
- If a sponsor is found to be issuing a certificate in error the applicants they have sponsored will be given 28 days to leave the UK
- Two years in prison or a fine of £10,000 will be issued if a sponsor is found to be breaching immigration laws
An application that is refused has no right to appeal
Sponsorship Licence – Ratings
A or B sponsor ratings are awarded to all sponsorship licences. If awarded a B rating, the UKBA has based this on a risk assessment and felt that the sponsor was unable to fulfil their role and that they pose a threat to UK immigration. Any sponsor on an A rating can be demoted to a B rating and if this is the case they are given an action plan to which they must work towards to regain their A rating sponsorship license.
If you fail to meet the requirements of your action plan within the deadline, your company may not be permitted to sponsor migrant workers, and could be issued with a fine.
Sponsorship Licence Reporting Duties
The UK Border Agency must be informed if any of the following occur:
- If a sponsored migrant does not turn up for their first day of work
- If a sponsored migrant is absent from work for more that 10 consecutive working days without the sponsor's permission
- If the sponsored migrant has resigned or been dismissed
- If the sponsor stops sponsoring a migrant for any reason
- If there are any significant changes in the circumstances of the migrant
- If the sponsor has information that suggests that they are breaching the conditions of their leave
- If you suspect the migrant may be engaging in terrorism or other criminal activity. This information must also be passed to the police
Follow us on: