A Step-by-Step Guide to the Sponsor Licence Application

If you’re an employer in the UK and you want to hire workers from outside the European Economic Area (EEA) or Switzerland, you’ll need to apply for a sponsor licence. The process may seem complicated, but it’s essential if you want to hire skilled workers on a Tier 2 (General) visa, a Tier 5 visa for temporary workers, or to employ workers on other work-based visas.

In this step-by-step guide, we’ll take you through everything you need to know to successfully apply for a sponsor licence. From understanding the eligibility criteria to the application process and maintaining your licence, we’ll make sure you’re well-equipped for each stage of the process.

Step 1: Determine If You Need a Sponsor Licence

Before you start the application process, it’s important to determine whether your business needs a sponsor licence. A sponsor licence application is required if:

• You are a UK-based employer or organisation.
• You wish to hire non-EEA nationals who are not eligible for free movement (such as those coming from countries outside the EU post-Brexit).
• You want to bring workers to the UK under a specific work visa (e.g., Tier 2 or Tier 5 visas).

If your business is not planning to hire foreign workers or employ individuals on work visas, you won’t need a sponsor licence.

Step 2: Check Your Eligibility

To apply for a sponsor licence, your business must meet certain criteria. You’ll need to demonstrate that your organisation is genuine and capable of meeting the responsibilities required of a sponsor.

Here are the key eligibility requirements:

• Legal Business Status: Your organisation must be a legal entity in the UK. This could be a company, charity, or other types of organisation registered with the appropriate authorities (e.g., Companies House for companies).
• No Unpaid Fines or Penalties: The organisation should not have any outstanding penalties or unpaid fines related to immigration law or the employment of illegal workers.
• No Past Breaches: You must not have had previous violations of the UK immigration laws, including having previously had a sponsor licence revoked.
• Correct Infrastructure in Place: You should be able to comply with sponsor duties. This includes keeping accurate records of employees and ensuring that foreign workers comply with the conditions of their visas.

Step 3: Choose the Type of Licence You Need

The next step is to decide which type of sponsor licence your organisation will require. There are different categories for the sponsor licence, depending on the type of worker you intend to hire:

• Tier 2 (General): This licence is for skilled workers from outside the UK and EEA. It’s the most common type of licence for employers looking to hire long-term employees in specific roles.
• Tier 2 (Intra-Company Transfer): If your organisation needs to transfer employees from overseas branches to work in the UK, this category applies.
• Tier 5 (Temporary Worker): This licence applies to employers looking to hire temporary workers for roles such as charity workers, creative workers, or sportspeople.

In most cases, employers apply for a Tier 2 (General) sponsor licence if they plan to employ skilled workers on long-term contracts.

Step 4: Prepare for the Application

Before you start the application process, there are several documents and pieces of information you need to gather. Preparing these in advance will help streamline the application process. Here’s what you’ll typically need:

• Proof of Business Status: Provide proof that your organisation is legally registered and active. This can include your registration with Companies House or the Charity Commission, depending on your organisation type.
• Details of Key Personnel: You will need to nominate individuals within your organisation who will manage the sponsor licence. These are typically senior managers or HR professionals. You’ll need to provide their names, roles, and contact details.
• Compliance Procedures: You will need to show that your business is capable of complying with immigration law. This includes demonstrating your recruitment processes and your ability to track and monitor employees who hold a visa.

It’s advisable to review the full sponsor licence guidance on the UK government’s website to ensure you meet all the requirements.

Step 5: Submit the Sponsor Licence Application

Once you’ve gathered all necessary documentation, the next step is to submit your sponsor licence application online through the UK Home Office website. The application will require details about your business, key personnel, and your proposed workers.

The application includes:

• Online Form: This form asks for general information about your business and its activities, including details of the role(s) you wish to sponsor workers for.
• Payment of Fee: The fee for a sponsor licence depends on the size and type of your organisation. Small businesses or charities may pay a reduced fee. The cost ranges from £536 to £1,476.

After you submit your application, the Home Office will process it and typically respond within 8 weeks. During this time, they may contact you for additional information or to schedule a site visit.

Step 6: Await the Decision

After you’ve submitted your application, the Home Office will review it and decide whether to grant your organisation a sponsor licence. This can take up to 8 weeks, but it may be faster or slower depending on the complexity of your application.

If your application is approved, you will be granted a sponsor licence and you’ll receive a unique sponsor licence number. This number is used to assign Certificates of Sponsorship (CoS) to the workers you hire.

If your application is denied, you will be informed of the reasons, and you can appeal the decision or correct any issues before reapplying.

Step 7: Fulfill Sponsor Duties

Once your sponsor licence is granted, you will have several ongoing responsibilities. These include:

• Maintaining Accurate Records: You must keep records of all sponsored employees and ensure their immigration status is valid.
• Reporting Changes: You must notify the Home Office of any significant changes to your business or sponsored workers (e.g., if a worker leaves their job or fails to meet visa requirements).
• Compliance Visits: The Home Office may conduct regular compliance visits to ensure your business is adhering to its responsibilities.

Failure to meet your sponsor duties could result in your sponsor licence being revoked.

Step 8: Apply for Certificates of Sponsorship (CoS)

Once you have a sponsor licence, you’ll need to apply for Certificates of Sponsorship (CoS) to issue to workers you wish to sponsor. Each CoS is linked to a specific worker and job, and it must be issued before the worker can apply for a visa.

You’ll need to prove that the job meets the relevant skill level and salary requirements for the visa category under which the worker will apply.

Step 9: Renewing Your Sponsor Licence

Sponsor licences are granted for a period of four years. At the end of this period, you’ll need to apply for a renewal. You should start the renewal process well in advance of the licence expiry to ensure continuity.

Additional Considerations: Marriage Visitor Visa UK

While the sponsor licence application is crucial for employers looking to hire skilled workers, it’s important to also consider other types of visas that individuals may apply for, depending on their circumstances. One such visa is the Marriage Visitor Visa for individuals who want to come to the UK to marry or register a civil partnership with a UK resident.

The Marriage Visitor Visa is designed for non-EEA nationals who intend to stay in the UK for a short period (typically up to 6 months) to marry or form a civil partnership. It does not allow the individual to work during their stay. This type of visa is commonly used by individuals planning a wedding or civil partnership ceremony in the UK, but who do not intend to settle there immediately.

To qualify for a Marriage Visitor Visa, applicants must prove they:

• Intend to marry or form a civil partnership in the UK.
• Have sufficient funds to support themselves during their stay.
• Intend to leave the UK at the end of their visa.

Employers do not need to be involved in this process unless the individual in question is also planning to apply for a work-based visa after the marriage. However, it’s important to be aware of this visa category, especially for organisations hiring foreign nationals who may have marital plans that influence their long-term residency status.

Conclusion

Applying for a sponsor licence is a crucial step for businesses looking to employ non-EEA nationals. By following this step-by-step guide, you can ensure that you meet the eligibility criteria, submit the correct application, and comply with the responsibilities associated with holding a sponsor licence. Although the process may seem complex, with careful preparation and attention to detail, you can successfully navigate the requirements and hire skilled workers to support the growth of your business.