Work Permit Visa and Sponsorship Licence banner

Services

Work Permit Visa and Sponsorship Licence

For a discussion or to book an appointment with a member of our business immigration team in relation to a work permit visa in the UK, please call us now on 0203 959 9123.

We understand that for your business to succeed in today’s post-Brexit UK and international market, your company requires highly skilled workers and therefore access to the best possible candidates from around the world is crucial.

Our corporate immigration solicitors assist businesses to meet the requirements for Sponsorship Licences and ensure UK employers can hire highly skilled migrant workers from non-EEA countries and from the EU in compliance with the latest UK immigration rules, the new points-based immigration system and skilled worker visa formerly known as Tier 2 visa.

We are here to help you with all types of Sponsorship Licence matters whether it is:

  • Sponsorship Licence Applications
  • Sponsorship Licence Audits and Compliance
  • Sponsorship Licence management
  • Sponsorship guidance on skilled worker visas
  • Sponsorship Licence Renewals
  • Sponsorship Licence Revocations

Steps and visa requirements to hire an overseas worker as a highly skilled migrant worker under the UK points-based immigration system.

Are you a UK employer looking into sponsorship visas in the UK to employ non-EEA nationals or EU citizens who don’t have settled status under the EU Settlement Scheme? Then your organisation must hold a Sponsorship Licence.

A Sponsorship Licence is an agreement between your business and the Home Office giving you permission to recruit skilled workers on work visas who meet the visa requirements under the points-based immigration system. To secure and maintain a Sponsorship Licence your company will need to comply with the rigorous Home Office Sponsor Licence reporting and recording duties.

Once your company is granted a Sponsorship Licence by the Home Office, the business will appear on the Sponsor List or register of Sponsor Licence holders. The Sponsor Licence is usually valid for four years. Before your Sponsorship Licence expires, your company must renew the Licence if you intend to continue employing highly skilled overseas workers on skilled worker visas.

Read more about Sponsorship Licence Renewals.

There are two types of licences that employers in the UK can obtain:

  • Worker licence – for short-term, long-term and permanent employees in one of the following visa categories:
    • Skilled Worker visa
    • Senior or Specialist Worker visa (Global Business Mobility)
    • Minister of Religion
    • International Sportsperson
  • Temporary Worker licence – for people who will be with your organisation on a temporary basis – this covers people on a range of visa types including:
    • Seasonal Worker visa
    • Charity Worker visa
    • Secondment Worker visa (Global Business Mobility)
    • UK Expansion Worker visa (Global Business Mobility)
    • Service Supplier visa (Global Business Mobility)
    • Graduate Trainee visa (Global Business Mobility)

How do employers apply for a Sponsorship Licence?

The application for a Sponsorship Licence must be submitted online via the Sponsorship Management System (SMS).  The Home Office therefore requires businesses to appoint one or more members of their existing staff to the following sponsorship management roles:

  • Authorising Officer
  • Key contact
  • Level 1 user (responsible for the day-to-day management of the licence)

Employers must further demonstrate that:

  • The business is a genuine organisation trading lawfully in the UK.
  • The Human Resources department is competent, organised, and knowledgeable on the duties and responsibilities as the Sponsor of highly skilled migrant workers on skilled worker visas.
  • Any key staff members appointed to handle and maintain the Licence are of good character, organised and reliable.

The Home Office publishes a guide, referred to as the Shortage Occupation list, which provides a list of all roles that employers struggle to fill with UK settled workers. If the job your company is recruiting for is not on the Shortage Occupation List, the job may still meet the eligibility criteria for an overseas highly skilled migrant worker to make a visa application for a skilled worker visa.

If your Sponsorship Licence application is approved, your company will receive a sponsorship rating.  An ‘A’ rating means your business can begin employing skilled migrants on skilled worker visas from overseas and your business will be added to the sponsor list or register of approved Home Office sponsors.

Can a sponsorship licence be revoked?

Yes, if your company fails to meet its sponsorship obligations and duties imposed on it as a Sponsorship Licence holder, the Sponsorship Licence rating can be downgraded. Eventually the Sponsorship Licence could be revoked or suspended if the company fails to take the necessary steps to meet its sponsor duties.

A licence might be suspended or later revoked if the employer has given false information as part of their licence application. Another common issue is inaccurate record keeping, for instance, if the employer hasn’t kept employee information up to date.

Employers must let the Home Office know where a change of circumstances has occurred, whether relating to the business or its employees. Failing to do so can result in disciplinary action, which if left unresolved can lead to suspension or revocation of a licence.

Read more about Sponsorship Licence revocation.

It is important to note that as an employer company, you are responsible for monitoring the immigration status of anyone you employ. You must report any issues or changes to the Home Office immediately.

Read more about sponsor duties and compliance requirements.

How long does it take for a company to get a sponsorship licence?

It takes an average of 8 weeks for companies to receive a sponsorship licence. However, depending on the case, it could take up to 3 months, and so companies should plan their needs accordingly.

These licences are processed by UK Visas and Immigration, a department which may be affected by delays, for instance, where certain visa applications are prioritised as a result of political unrest and or emergency schemes.

Migrant and skilled worker visa applications under the UK points-based immigration system

The skilled worker visa category is part of the UK’s new post-Brexit points-based immigration system. This visa allows highly skilled workers from around the world to be sponsored by UK employers to secure employment in the UK.

The most common types of visas within the points-based category include:

Skilled Worker visa

This used to be called the Tier 2 (General) visa and is suitable for people that can offer a skill in the UK that is needed, and which will fill a gap in the UK labour force.

What are the skilled worker visa requirements?

Individuals may apply who achieve at least 70 immigration points. These points are earned by meeting certain requirements concerning English language skills, salary level and work skills. Applicants will also need a suitable job offer from a sponsor in the UK.

At least 50 of the points should be made up of mandatory factors, including, possessing the skills needed for the job and speaking the required level of English. The further 20 points are considered as ‘tradeable’ criteria (not all of which are not necessary to gain the visa). Examples or tradable criteria include:

  • Having a job offer in a shortage occupation (earning the applicant 20 points)
  • Holding a PhD in a subject that’s relevant to the job (earning the applicant 10 points)
  • Holding a PhD relevant STEM subject (earning the applicant 20 points)
  • A salary of £25,600, or a salary over the average rate for this job (earning the applicant 20 points)
  • A salary of £23,040 to £25,599, or 90% of the average rate for the job (earning the applicant 10 points)

What is a Certificate of Sponsorship?

A Certificate of Sponsorship is a document that the sponsoring employer must issue to the worker. The certificate permits the employee to apply for a visa, and begin the onboarding process to join the organisation. Employers must provide a certificate of sponsorship when employing any foreign national.

Senior or Specialist Worker visa (Global Business Mobility)

This replaces the Intra-Company Transfer (ICT) visa and applies to overseas workers needing to make a visa application to transfer to the UK branch of their company.

What are the requirements for a global business mobility visa?

To be eligible for a global business mobility visa you must meet the following criteria:

  • Be an employee of a company that’s Home Office approved to be a sponsor
  • Hold a Certificate of Sponsorship including details of the role you will take on in the UK
  • The job must be included on the eligible occupations list
  • You’ll need to be paid a salary of £42,400 per year minimum

International Sportsperson visa

This category applies to professional coaches and athletes who meet the visa requirement.

How to qualify for an International Sportsperson visa?

You will be able to apply for this visa so long as all of the following apply:

  • You are either a qualified coach or an elite sportsperson, considered by the governing body of your sport to be at the highest international level
  • The employment you’ll undertake will develop the sport at the highest level in the UK
  • The governing body of your sport has endorsed your visa application
  • All other eligibility requirements for the visa are met

Minister of Religion visa

This category is applicable to you if you are offered a job within a faith community in the UK.

To successfully obtain a grant of leave as a skilled worker migrant, the job must first meet the following requirements:

  • An employer who holds a Sponsorship Licence must assign a Certificate of Sponsorship and the prospective skilled migrant must meet the visa requirements and satisfy the required level of skill for the role.
  • The UK employer must offer the minimum remuneration (appropriate salary) which is dependent on the role to be filled.
  • The prospective visa holder must satisfy the maintenance requirement and the eligibility criteria for the skilled worker visa.

If you are successfully granted a skilled worker visa you have leave to enter or remain in the UK for three years following which you may be eligible to apply for an extension.

Once a skilled worker has been residing in the UK for a continuous period of five years, they may be eligible to apply for Indefinite Leave to Remain (ILR).

Recent Changes

Immigration law is constantly changing and becoming increasingly complex. The end of free movement for EU nationals, the impact of the EU Settlement Scheme and the new points-based immigration system introduce new visa opportunities such as the skilled worker visa.

If you are an employer who holds or intends to apply for a Sponsorship Licence, it is now more important than ever that you remain well informed of the regular changes made to the immigration rules. This includes amendments to visa requirements and visa application processing and developments in other relevant legislation.

Failure to adhere to the recent changes in immigration law will render any Sponsorship Licence application unsuccessful. It can also put your company’s current Sponsorship Licence at risk of suspension or revocation as it is the employer’s obligation to ensure that the business is able to satisfy the relevant Sponsorship Licence requirements.

How the sponsor licence and business immigration team at OTS Solicitors can assist

OTS Solicitors have an established Sponsorship Licence and Compliance Team. We have a long track record of successful Sponsorship Licence applications and tackling threats of Sponsor Licences being suspended or revoked.

Our business immigration law team are committed to providing your business with proactive and easy to follow guidance, every step of the way. Led by Hans Sok Appadu, the team will ensure that your application is completed successfully and that you understand your Sponsorship Licence duties and visa duties.

Our corporate immigration solicitors can advise you and/or your business associates on:

  • Sponsorship Licences
  • Guidance on complying with the illegal workers policies and duties as a Sponsorship Licence holder
  • The array of applications under the points-based immigration system including skilled worker visas
  • Applications for temporary workers and seasonal workers
  • Alternatives to work visas such as the global talent visa
  • Global Migration planning
  • Refusals and Judicial Reviews

Please contact our city centre London offices on 0203 959 9123 for detailed advice catered to your business and its needs whether you are a start-up, SME or multinational company or an individual hoping to secure a work visa in the UK.

Your Questions and our answers about Work Permit Visa and Sponsorship Licence

Thank you for your enquiry. In the UK, holding a sponsorship license as a business gives you the ability to sponsor skilled workers from outside the UK. However, having a sponsorship license does not obligate you to offer sponsorship for all skilled roles within your company. You have the flexibility to choose which positions you want to sponsor. A COS must be issued for all sponsored positions. For more information, please contact us on 02039599123 or click here 

Thank you for your enquiry. If the admin review does not result in a favorable outcome, we can advise on potential legal avenues, such as appeals or judicial review. Given the complexities of immigration law, it is essential to have professional legal representation to navigate through these challenges successfully. It is also important at this stage to be able to substantiate and prove the elements referenced above. For more information, please contact us on 02039599123 or click here 

With the CoS from your sponsor, you can then apply for the relevant UK work visa (e.g., Skilled Worker Visa) through the points-based system. This involves meeting the visa criteria, including a job offer from the licensed sponsor and meeting the required points based on salary, skill level, English proficiency, etc.

It’s essential that the company follows all legal and regulatory procedures to revive its status and apply for the necessary licenses to sponsor workers. Additionally, as an individual applying for a visa, you need to meet the specific visa requirements under Appendix Skilled Worker. Please contact us on 02039599123 or click here 

Thank you for your enquiry. For your husband’s situation, as a dependent visa holder linked to your Tier 2 sponsorship and considering your naturalization as a British citizen, the appropriate form for Indefinite Leave to Remain (ILR) application would likely be FORM SET (O) – Application for Indefinite Leave to Remain Other Purposes.

FORM SET (O) is typically used for individuals who do not fall under specific visa categories and are applying for ILR for reasons other than those covered by other application forms. In this case, your husband, as a dependent on your previous visa, might not fit the criteria specifically outlined in FORM SET (M) for partners.

Rules and forms can occasionally change, and seeking advice from OTS Solicitors can offer tailored guidance based on the most current regulations. Please contact us on 02039599123 or click here 

Thank you for your enquiry.

Your partner may be able to switch from sponsored employment to a spouse visa. There are various eligibility and suitability requirements for you and your child in addition to being able to meet the financial threshold of a minimum of £18,600 per year income plus additional for any dependents. The continuous residence would start from the beginning in this scenario. The requirements are in depth and we would advise that you arrange a consultation to determine if this route is appropriate. For more information, please call 02039599123 or click here 

Thank you for your enquiry.

You would usually receive a curtailment letter from the Home Office explaining your options if your employer has correctly notified them on the company’s circumstances. You would usually have a limited amount of time to switch to another sponsored route which can be done within the UK. We would recommend that you get in touch for more information and visit our sponsorship licence pages. Please contact us on 02039599123 or click here 

Thank you for your enquiry.

Your employer may need to find the most suitable and closest description under the relevant occupation code. It is important to note the ‘going rate’ and salary requirements for the position. We would recommend that you get in touch for more information and visit our sponsorship licence pages. Please contact us on 02039599123 or click here 

Thank you for your enquiry.

The cost of the sponsorship licence will depend on the size of the business.  If you are looking to sponsor candidates for employment, you would need to issue a valid CoS to the new employee. You may be able to apply for a defined CoS where you have already selected people to fill the positions or an undefined CoS which provides greater flexibility. We would recommend that you get in touch for more information and visit our sponsorship licence pages. Please contact us on 02039599123 or click here 

Thank you for your enquiry.

The cost of the sponsorship licence will depend on the size of the business.  If you are looking to sponsor candidates for employment, you would need to issue a valid CoS to the new employee. You may be able to apply for a defined CoS where you have already selected people to fill the positions or an undefined CoS which provides greater flexibility. We would recommend that you get in touch for more information and visit our sponsorship licence pages. Please contact us on 02039599123 or click here 

Thank you for your enquiry.

This would depend on the category of visa you have been granted. If it is a family/partner based visa, you may be able to make an in-country extension to satisfy the 5-year continuous residence requirement. If you are on a sponsored visa for employment, you would need to be issued a valid CoS covering the period of leave. For more information, please contact us on 02039599123 or click here 

Thank you for your enquiry.

The most-straightforward route may be to obtain a certificate of sponsorship from the company referenced above. The company would need to apply for a defined CoS which would enable them to sponsor you for a defined period to work for them. We can assist with the sponsorship licence and the skilled worker visa when you have obtained your CoS. For more information, please call 02039599123 or click here 

Thank you for your enquiry.

There are various ways in which continuous residence can be met and we would need to identify your specific circumstances prior to advising on whether this is the most applicable route for you however it is unlikely that the years spent under the T5 route would count towards this. For more information, please call 02039599123 or click here 

    Your question will be processed by us in accordance with our Legal Notice and Privacy and Cookies policy. By submitting a question, you consent to such processing and you warrant that all data provided by you is accurate. We reserve the right to display your question.

    The answer will be emailed to you.

    If you would like us to call you back with a more detailed answer.

    This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.