Being granted a 'sponsor licence' allows an organisation to recruit overseas workers under the Skilled Worker route of the immigration system. This route to hiring new employees can be a complex process, but it is typically a reliable and viable solution for organisations which struggle to recruit staff in the United Kingdom.
The Employment Law Solicitors at BRIDGE have supported dozens of businesses with gaining skilled worker sponsor licences since the United Kingdon left the European Union in 2022. Our solicitors answer the eight most common questions we are asked:
Q. Why can’t I recruit easily from outside the UK and Ireland anymore?
A. Brexit ended the free movement of people between the UK and EU, for residency and working, meaning visas are back for many people who, previously, could come freely from abroad to work in the UK.
Q. What do I now need to recruit foreign nationals?
A. If they are not a settled worker, and don’t have any other immigration permissions, you now need a sponsor licence if your organisation wants to be able to recruit foreign nationals.
Q. How easy is it to get one?
A. A sponsor licence is regarded as a Home Office privilege. Your organisation, and its key players, will undergo a robust vetting process to ensure you are both suitable and eligible before any application to be a licensed sponsor is accepted. The process can be time-consuming, involving the provision of a lot of specific information and documents, and there is little room for error. Applications can be rejected and refused for even the slightest administrative mistake or information failing and so it is necessary to get ahead of the process and make sure all your “ducks are in a row” before you submit your application.
Q. Does it apply to all jobs? Can we recruit for any role we want?
A. No, the role you want to recruit to must match a specific occupation code. If it doesn’t, your application will not succeed. UKVI will look closely at the role to make sure it has not been shaped in any way to fit one of the codes and needs to pass a genuine vacancy test which requires specific information which will be robustly reviewed and verified, if UKVI aren’t fully satisfied.
Q. Once we have the licence, does that definitely mean the foreign nationals we want can come into the UK to work for us?
A. No, having a sponsor licence means you have the power to assign certificates of sponsorship to those individuals – they still have to successfully apply for a visa to come in. However, they are unable to apply for a visa without having a certificate of sponsorship from a licensed sponsor, therefore it is an essential part of the process and, if you have done all that preparation up front, then any issues with visa applications for roles should have been flagged up front so, hopefully, issues should not arise with the visa stage.
The migrant worker also needs to pass certain financial and language tests too, to have enough points to successfully apply for their visa so, again, we always advise that an advance review of all those is carried out upfront to reduce issues down the line.
Q. Can we ease off once we have that licensed sponsor status?
A. Not at all – the ongoing obligations and duties to UKVI are significant, in terms of reporting and recording, and there are various types of penalties, including (in the worst cases) criminal liability, if you fail to meet them.
So, it is essential that you make sure you have the capacity in your organisation to comply with those before you embark on the process as UKVI will scrutinise your internal systems in its decision-making process and reject or refuse your application if it is not satisfied that you can meet them.
You need to make sure someone is specifically assigned to making sure your organisation complies with them moving forward too. This can be added to your existing HR function if appropriate or, if you are recruiting large numbers of migrant workers, you may even need to dedicate someone fully to ensuring compliance – this is a very important part of being a licensed sponsor and getting it wrong carries many risks.
Q. is it expensive?
A. There are various costs, both upfront and ongoing, associated with being a licensed sponsor. We can advise what those are, for your specific organisation.
Q. How long does it take?
A. This will vary depending on your organisation but we suggest starting the process at least 3-4 months before you want that migrant worker in post – longer if possible. Things can crop up that delay the process and so being aware of timelines will mean you can effectively plan for your organisation.
Q. How can BRIDGE help?
A. Our team of specialist employment lawyers can support you with every stage of the process:
If you are struggling to recruit, we can quickly determine whether your sector or organisation is eligible. We can help make the complex process manageable and achievable by offering tailored support as you need it to give you the best chances of becoming a licensed sponsor, opening your business up to the broader benefits that migrant workers can bring and filling much-needed vacancies.