Increasingly, organisations are looking to attract and retain talent from different countries to expand their recruitment potential and ensure they are able to provide the skills and expertise they need to meet their business needs.
As a result of an often complex series of immigration laws and processes, it is essential that businesses looking to engage workers from overseas understand the various employment related immigration laws in the UK, including the systems in which the law operates and how to prevent illegal working.
Most immigration routes into the UK labour market require an individual to be sponsored by an employer.
A sponsor licence, also referred to as a sponsorship licence, allows UK companies to do this. Only these licenced UK businesses can issue a ‘certificate of sponsorship’ to eligible employees, which in turn allows them to apply for a work visa. To become a licensed sponsor, businesses must make an application to the Home Office and meet certain requirements.
Here at Wilkin Chapman, our immigration solicitors can assist your business in applying for and obtaining a UK sponsor licence, generating certificates of sponsorship, and applying for a work visa on behalf of any potential new employee.
Whether this is your first application or a previous application has been refused, our team are here to help you and your business. We are also able to provide support for already licensed businesses to maintain compliance and continue to benefit from their licensed status.
In order to successfully apply for the license a business must be able to show that it has necessary processes and procedures in place to meet its various sponsor requirements.
The Home Office will want to see evidence of these processes and procedures, as well as various information about the nature of your business. Have these ready before application.
Part of being a sponsor requires you to have individuals who are responsible for managing the license and the migrant workers. You will need to name them on the application.
If you have any vacancies in mind for sponsorship, you will need to ensure these are genuine vacancies, and suitable for sponsorship as there are many criteria which must be met.
The application must be submitted by the business online, and it may take up to 8 weeks to reach a decision, so it should be done in ample time.
Employers can be liable for a civil penalty of up to £60,000, and even criminal sanctions for employing someone illegally, i.e. someone who does not have the legal right to work in the UK.
Therefore conducting suitable checks on immigration status, particularly for of any migrant workers, is imperative. Our team can provide guidance on how to conduct suitable checks and how to address any issues which may arise.
Once a business has obtained a sponsor license, there are certain expectations of it in terms of record keeping, reporting various matters to the Home Office, as well as compliance with wider UK law relating to immigration and employment.
We are on hand to assist in complying with these responsibilities so that businesses don’t risk losing their license or the benefits which arise form it.
Our business immigration solicitors offer unparalleled support to employers in Lincolnshire, East Yorkshire and beyond.
Handling all elements of sponsorship support, our business immigration lawyers are not just there for the duration of your application.
They’re here for you in all post-approval to ensure ongoing compliance and success for both you and your employees.
We immerse ourselves in your organisation to understand its culture and ethos, taking a hands-on, practical, and proactive approach to provide the tailored legal advice you require at a competitive price.
We help businesses sponsor overseas workers every day.
Check out our frequently asked questions as immigration solicitors.
To become a licensed sponsor, businesses must be able to show the following:
It is genuine entity and has an operating or trading presence in the UK
It has appropriate resources and systems in place to meet its sponsor obligations
It can offer genuine vacancies which meet sponsorship criteria
There is no evidence of previous non-compliance with UK immigration law
The organisation and its directorship have no unspent criminal convictions for immigration related offences
There is a fee chargeable to any business of up to £1,476 (depending on the size of the organisation) for the sponsor license application. Additional fees are payable for expedited applications or premium customer service packages.
Additional fees are then payable by both the migrant worker and the sponsor for each individual who is sponsored. The sponsor must pay a fee for issuing a certificate of sponsorship and (in most cases) an immigration skills charge. The individual must pay certain fees as well including a visa fee and the immigration health surcharge.
Once the relevant information and documents have been collated, it does not take long to fill out the online application.
There is then a period of time for the Home Office to make a determination on the application, usually up to 8 weeks. This can be circumvented by using the priority service (for additional cost) which is available, but access to this is not guaranteed.
It is therefore advisable to apply for a license in plenty of time.
To provide support and guidance through the process of making a sponsor license application, we will charge a fixed fee of between £3,000 and £4,000 excluding VAT. Our fee will depend on the business’ circumstances which we will discuss with you.
Otherwise our fees are calculated on an hourly rate basis, with the hourly rates being commensurate with the qualification and expertise of the team members. These range from £220 to £300 exclusive of VAT. We will ensure your support is provided by a suitable level of fee earner.
Timings are very important within this process. An individual can only begin their application once they have been assigned a certificate of sponsorship by the employer.
They then have three months from that date to submit their application. The individual also has three months from the start date listed on their certificate of sponsorship to apply.
As such, these timings must all mirror with when it is proposed that the individual will begin work for the sponsor.
Submit an enquiry and one of our team of experts will be in touch as soon as possible to discuss your needs.
Or call the business immigration team on 01522 515987