The most important thing to keep in mind is that UK Visas and Immigration (UKVI) has repeatedly emphasised that having a sponsor licence is a privilege rather than a right; as a result, employers will always be required to meet eligibility requirements with UKVI, and these are always strictly monitored.

If authorised, the sponsor licence is good for four years, after which it may be renewed.

How can you apply?

Online applications are accepted. You must fill out a form and provide supporting documentation with this application. Typically, you would mail documents that were attested to by a lawyer and, in certain cases, an accountant. However, the UKVI enabled businesses to send the supporting documentation together with the application during the epidemic. If it does not arrive within five working days after submission, you must restart the entire procedure. The type of organisation will determine the specific documentation needed, but in general, it must demonstrate that you are a legitimate business with the capacity to hire foreign nationals.

Guide for Sponsor Licence Duties Compliance

Sponsor licences allow businesses to hire competent non-UK residents and get access to the global labour market, but they also impose onerous compliance requirements on the employer/sponsor. Fundamentally, these obligations aim to put businesses under pressure to do their bit to stop unlawful labour in the UK.

Knowing the regulations and making the necessary preparations to make sure your organisation is compliant will be required for you to fulfil your obligations as a holder of a sponsor licence.

Although it's unlikely to need regular monitoring, Your licence cannot be allowed to run on its own. You must comprehend what it means to handle the licence properly and when you must take action to prevent claims of non-compliance.

Employers suspected of violating sponsor obligations may be subject to investigations by the Home Office. Before awarding or renewing a sponsorship licence, at any time throughout the four-year licence validity term, or both, they can conduct inspections to ensure that sponsors have suitable HR procedures in place to assure compliance. All holders of sponsor licences are required to always comply with their obligations, and site inspections may be conducted with little notice.

The jobs and immigration status of current migrant workers are in danger if the sponsor licence is suspended or revoked in cases where the Home Office alleges a failure to comply with sponsor licence obligations.

If your licence is downgraded, you will need to pay UKVI so that an action plan may be created that outlines the problems you need to fix to get your licence restored to A status. If your licence is suspended, you might not be allowed to reapply for six months after the suspension. All of this indicates that it is far preferable to fulfil your sponsor obligations proactively than having to deal with Home Office enforcement action.

What obligations come with a sponsor licence?

Sponsors must adhere to the following requirements to access the global talent market and benefit from employment sponsorship:

Make that the foreign employees you wish to sponsor have the necessary training, experience, or credentials to do the position being sought, and keep records and copies of the paperwork attesting to this.

Only give foreign employees Certificates of Sponsorship for jobs that qualify for sponsorship.

Keep an eye on your sponsored employees and alert the Home Office if they violate any of the terms of their sponsorship or visa.

The responsibilities can be increased as follows in practice:

Reporting obligations: Holders of sponsor licences must provide the Home Office with particular information or occurrences by SMS within a certain amount of time.
Keeping records: Sponsors are in charge of doing so for each worker they finance.
Abiding by the immigration laws: observing all guidelines set out by the UK immigration legislation and the Worker and Temporary Worker Sponsor Guidance.
Respecting UK laws: Sponsor licence holders are required to follow UK legislation in general (other than immigration law).
Acting for the greater good of society: All sponsors have a responsibility to behave in a way that is consistent with their fundamental principles and does not impair the overall welfare of society by refraining from activities or behaviour that are not in their best interests.

The Home Office may downgrade, suspend, or revoke your licence if they believe you have violated any of these obligations.

How to carry out your obligations as a sponsor

The size of your organisation and how you use your sponsor licence will determine how you fulfil these obligations; the more sponsored employees you hire, the more you'll need to do to maintain compliance.

Record-keeping

Maintaining correct records for each sponsored worker is a major component of the tasks associated with sponsor licences. The papers that must be preserved and how long they must be kept are outlined in Appendix D of the Immigration Rules. The papers you used to submit your sponsor licence application must also be kept.

A licence holder must maintain a photocopy or electronic copy of:

The pertinent pages of the passport of the sponsored worker, including the pages containing personal information, leave stamps, immigration status, and the duration of permission to remain
The biometric residence permit of the employee
National Insurance number of the employee
The current and previous contact information for the employee
Disclosure banning service check for the employee (if relevant)
A list of the employee's absences
The employment agreement for the employee
Any further paperwork necessary for the worker's visa type

You should also have a current list of your sponsored employees' contact information, information about pay rates (such as pay stubs, bank transfers, employment contracts, and proof of allowances), and adequate documentation proving that the job and candidate are qualified.

All required records must be kept for at least a year or until an officer has reviewed them, whichever comes first (if an employee works for less than a year, the duration of the employment).

To comply with other regulations and prevent a civil penalty for illegal employment, some records may need to be kept for extended periods.

Monitoring and reporting of sponsored workers

Sponsor licence holders must notify the Home Office through the SMS Portal within 10 working days if any of the following occurrences have occurred in addition to preserving records:

The first day of employment for a sponsored employee is missed.
The contract of a sponsored employee is ended early.
An employee who has been sponsored misses work without authorization for ten or more days. Sponsors are responsible for ensuring that every sponsored employee's absence—including those due to illness, vacation, study, and international travel—is authorised.
A sponsored worker's employment contract has undergone major modifications, such as when they were TUPEd to a different sponsor.
Organizations are also required to keep track of the immigration status of their staff members, record any changes, and alert the Home Office to any indications that a person may be violating the rules for staying in the UK.

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