Requirements for Sponsorship Visas
If your company wishes to hire workers from outside the UK, obtaining a sponsorship licence from the Home Office is a critical step. This licence allows businesses to sponsor foreign nationals to work in the UK under the Worker and Temporary Worker visa categories. The process requires compliance with specific requirements and documentation. Below, we’ve outlined the essential information you need to know to become a licensed sponsor and meet the necessary visa sponsorship requirements.
Eligibility Criteria for Sponsorship Visas
To be eligible to apply for a sponsorship licence, your organisation must meet the following criteria:
Legitimate Business Operations:
Your organization must be legally established and operating within the UK. The Home Office will need to confirm that your business is genuine and registered with the appropriate authorities (e.g., Companies House for UK businesses).Demonstrate Compliance with Immigration Laws:
Your business should have a clean record when it comes to complying with UK immigration regulations. This includes ensuring that you understand your responsibilities as a sponsor and that you will adhere to the rules set by the UK Visas and Immigration (UKVI).Genuine Need to Hire Foreign Workers:
You must provide evidence of the necessity to hire workers from outside the UK. The Home Office expects to see that you cannot fill the role with a UK-based employee and that your company genuinely needs the skills of foreign workers.Proper Record-Keeping and Monitoring Systems:
As a sponsor, you will be responsible for tracking and monitoring the status of your sponsored employees. Your organization should have proper HR systems in place to comply with reporting and record-keeping duties, which may include reporting any changes to the employee’s role, salary, or working conditions.
Application Process for a Sponsorship Licence
The process to apply for a sponsorship licence involves the following steps:
Determine the Appropriate Licence Type:
There are two main categories of sponsorship licences:Worker Licence: For skilled workers who will be employed in a permanent role.
Temporary Worker Licence: For those who will fill temporary positions under specific schemes.
Designate a Key Contact:
You must appoint a responsible individual (the Authorised Signatory) who will be accountable for managing your sponsorship duties. This person will handle communications with UKVI and ensure compliance with sponsorship obligations.Complete the Online Application:
The application is completed online, and you will need to provide details about your organization, the roles you intend to sponsor, and your compliance practices. You’ll also need to pay the application fee at this stage.Provide Supporting Documents:
You will need to submit supporting documentation that proves your business’s legitimacy and its ability to meet sponsorship requirements. This might include proof of registration, tax compliance, and financial viability.Await the Home Office Decision:
Once submitted, the Home Office will review your application and documents. If approved, you will be granted a sponsorship licence, allowing you to sponsor workers for specific roles.
Key Considerations for Sponsorship
Financial Requirements:
You must ensure your business has the necessary financial capacity to meet the obligations related to sponsorship, including paying the appropriate fees and ensuring that the employee will be paid according to the visa requirements.Record-Keeping Responsibilities:
It’s crucial to maintain up-to-date records on all sponsored employees. This includes keeping track of their immigration status, work hours, and any changes in their employment situation. Failure to do so could lead to penalties or even the revocation of your licence.Compliance with UK Immigration Laws:
As a sponsor, you are obligated to ensure that your foreign employees comply with the conditions of their visas. This includes monitoring their right to work, their visa expiry dates, and ensuring they are not working outside the permitted scope of their visa.