How to Apply for a Sponsor licence for your Restaurant
As London immigration solicitors we are used to business owners venting their frustration at UK immigration rules when they have vacancies to fill but can't get the staff from within the UK because of the skills shortage and low unemployment levels and can't recruit from overseas without first jumping through the hoop of applying for a Home Office sponsor licence.
In this guide, our business immigration solicitors take a quick look at what restaurant owners need to do to apply for a sponsor licence for their restaurant.
UK Online and London Based Immigration Solicitors and Sponsorship Licence Lawyers
For sponsor licence advice call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
UK restaurants need sponsor licences
No business is immune from the need to apply for a sponsor licence if the business wants to recruit overseas workers who need a sponsoring employer to be able to work legally in the UK. If you can't sponsor a worker and the worker can’t get a visa that enables them to work without sponsorship then if you employ the person, you risk a civil penalty as well as difficulties in getting a sponsor licence in future because of your non-compliance with the law. The worker risks having any existing visa curtailed if they are working in contravention of their visa conditions.
Whether your restaurant does have a sponsor licence or not, it is crucial to check on all employees’ right to work in the UK and carry out the relevant right-to-work checks. If you employ anyone with a UK visa to work for your restaurant you need to double-check their right to work and visa conditions. For example, a student on a student visa can do any type of job in a restaurant (such as a pot washer or waiter) but their student visa will restrict their hours of work. For example, an EU citizen will not need sponsorship if they have settled status or pre-settled status under the EU Settlement Scheme but if they don’t have settled status, they may need a sponsoring employer and visa.
Complying fully with employment law and immigration law can be hard for business owners, especially when the rules on the right to work in the UK can be complicated to understand and checks hard to administer. Taking advice from Sponsorship Licence lawyers can help because as well as applying for a sponsor licence for your restaurant the business immigration lawyers can also manage the sponsor licence for your business and advise you on non-sponsored work visa routes. For example, the graduate visa enables a recent graduate to work in the UK in any level of job (skilled or non-skilled) without needing a sponsoring employer and, unlike the student visa, without restrictions on their hours of work. For help with employment and immigration law ramifications of employing overseas workers call our Sponsorship Licence lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
Applying for a sponsor licence for your restaurant
Once you have successfully applied for a Home Office sponsor licence your business can sponsor overseas workers on the skilled worker visa.
The skilled worker visa allows overseas workers of any nationality to come to the UK if they have a job offer from a sponsoring employer and the job:
- Is on a list of government-approved jobs with a standard occupational classification code
- Meets the minimum skills threshold for a skilled worker visa – level RQF 3 – the equivalent of A level standard qualification
- Meets the minimum salary threshold – the minimum salary threshold depends on the going rate for the job published by the Home Office and the individual job applicant’s circumstances. For example, if they are below age 26, the job applicant may qualify as a new entrant
The business criteria to qualify for a sponsor licence are not onerous. There is no minimum or maximum size for a business to apply for a sponsor licence and your business does not need to be registered with companies house. All you need to be able to show is:
- You have an established business presence in the UK and address
- You have an allocated authorising officer who will be responsible for the operation of the sponsor licence. Although the authorising officer is in charge, they can appoint a level one user to carry out day-to-day sponsor licence management tasks or they can instruct Sponsorship Licence lawyers to manage the sponsor licence for the business
Sponsorship Licence lawyers recommend that you do not apply for your first sponsor licence until:
- You understand what restaurant jobs fall within the standard occupational classification codes and the relevant minimum salary threshold for each job
- Your Sponsorship Licence lawyers have helped you cost the sponsor licence application process and the cost of sponsoring restaurant workers against the issues faced by your business if you can't open full time without adequate staffing levels
- You have checked that your proposed authorising officer is the best person for the job
- You have the right office procedures in place – this may involve your Sponsorship Licence lawyers undertaking a preliminary internal audit
- You have the right supporting documents as whilst the application is made online you will need to submit some paperwork to obtain your licence
How can the Sponsorship Licence lawyers at OTS Solicitors help
The business immigration lawyers at OTS Solicitors are well versed in employment and UK immigration law. They will not only guide you through complex immigration rules but also offer practical advice on Home Office audits and inspections and how best to allocate certificates of sponsorship to new overseas employees and conduct right-to-work checks as well as how to comply with all the reporting and recording duties that come with holding a sponsor licence to sponsor skilled worker visa holders.
UK Online and London Based Immigration Solicitors and Sponsorship Licence Lawyers
For sponsor licence advice call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.