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.

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.

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

Our business immigration lawyers can guide you through all of the steps to apply for a sponsorship licence and advise on visa requirements to hire an overseas worker as a highly skilled migrant worker under the UK points-based immigration system.

Get expert sponsorship licence guidance today

We will be able to discuss your sponsorship licence requirements at our offices, over the phone or online via Web Conferencing such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

To speak to our experts, please call now on 0203 959 9123 or use our simple online enquiries form.

What is 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 meet strict sponsorship licence requirements, then 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.

How much does a sponsor licence cost in the UK?

There are different fees to apply for a sponsorship licence depending on your requirements. There is a lower fee for small or charitable sponsors and a higher fee for medium and large sponsors for most visa types. The exception is for sponsor licences for temporary workers, in which case the fee is the same regardless of the type of organisation.

You can find information about sponsor licence application fees on the government’s website.

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.

Our team can provide expert sponsorship licence guidance to help speed up the application process.

Is there any difference between a work visa and a work permit?

While some people still use the term ‘work permit’, this is now outdated as it refers to the UK work permit scheme which is no longer available for new applicants. The work permit scheme was replaced by the points-based immigration scheme in 2008.

There are various different immigration routes available for people seeking a UK work permit visa, including the skilled worker visa.

How do you apply for a UK work permit visa?

The requirements to secure a UK work visa will depend on the type of visa for which you are applying. These are sometimes referred to as ‘UK work permit visa requirements’. It is important to understand the requirements and make sure that you provide the right evidence that you meet those requirements when submitting your visa application.

General UK work permit visa requirements that all applicants will need to meet include:

• You must have a job offer from a UK employer with a sponsorship licence
• You must have a Certificate of Sponsorship from your prospective employer
• The job must meet the required skill level and minimum salary threshold for the relevant visa type, and it must be on the government’s list of eligible occupations
• You must have evidence that you meet the English language requirement (either by passing an English language test or exemption due to your country of origin or relevant qualification)
• You must have sufficient funds to show that you can support yourself
• If required by your job, you may also need to have a criminal record certificate

Our team can advise on the requirements for a UK work permit visa and the necessary evidence you need to supply, giving you the best chance of a successful application.

How much is a UK working permit visa?

UK work permit visa fees will depend on the type of visa for which you are applying and your specific circumstances. We will be happy to advise you on UK work permit visa fees when you contact our team.

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 have introduced 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.