A Guide to Certificates of Sponsorship for Businesses with Sponsor Licences
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Immigration solicitors say the first thing that those new to recruiting migrant workers on skilled worker visas need to know is that the certificate of sponsorship is the key link between the business with its sponsor licence to sponsor overseas workers and the work visa applicant. Without the certificate of sponsorship, the recruit cannot apply for a work visa.
Sponsorship Licence lawyers then must explain to newly appointed key personnel who are managing the recruitment process and their sponsor management system that the certificate of sponsorship is not a certificate. It is a computer-generated reference provided by the Home Office.
In this guide, our business immigration solicitors look at the types of certificates of sponsorship for businesses with sponsor licences.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For advice on sponsor licence applications and sponsor licence management call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
Types of certificates of sponsorship
There are 2 types of certificates of sponsorship:
- Defined
- Undefined
An overseas worker who requires sponsorship to work in the UK needs a certificate of sponsorship to secure a work visa but the type of certificate of sponsorship required depends on the recruit.
The defined certificate of sponsorship
The defined certificate of sponsorship can only be used in cases where the skilled worker visa applicant (or other types of work visa applicant, such as the senior or specialist worker visa or health and care worker visa) is applying for the visa from overseas.
The undefined certificate of sponsorship
The undefined certificate of sponsorship is for skilled worker visa applicants who are applying for a work visa from within the UK. This may be because they are switching visas (for example, from a spouse visa or graduate visa or student visa to a skilled worker visa) or because they are switching UK employers and still need sponsored employment.
Each sponsor licence holder can request an annual allocation of undefined certificates of sponsorship and if your business has a certificate available this can be allocated to the recruit so they can make their visa application under the UK points-based immigration system.
Allocating a certificate of sponsorship
The certificate of sponsorship allocation process depends on whether the job applicant is applying for the job from within the UK or from overseas.
If, as is usually the case, the skilled worker visa applicant is applying from overseas, the first step after the candidate has been selected for the role, is for your level one user to apply for a defined certificate of sponsorship using the sponsor management system operated by the Home Office. Your business will not get an annual allocation of these defined certificates so you will need to log onto the sponsor management system to get the certificate of sponsorship to progress the recruitment process.
From the point of view of the Home Office, the certificate of sponsorship request enables the Home Office to information gather and to check if the proposed job and its description is an eligible job with a standard occupational classification code on a Home Office list of approved job roles for the skilled worker visa. The Home Office official will also check to see if the proposed pay meets the minimum salary threshold, considering the circumstances of the visa applicant.
A request for a defined certificate of sponsorship should not unduly delay the overseas recruitment process as the Home Office will normally generate a reference number within a matter of days. Sponsorship Licence lawyers emphasise that it is best to double-check standard occupational classification codes and the relevant minimum salary threshold before requesting the certificate of sponsorship.
Deadline to use a certificate of sponsorship
Once your business has allocated either type of certificate of sponsorship to a job applicant, the recruit must use the certificate within 3 months to apply for their visa. If they do not do so the certificate is no longer valid and the certificate of sponsorship allocation process needs to start afresh.
Help from Sponsorship Licence lawyers with certificates of sponsorship
When your business first gets a sponsor licence it can be tricky to work through all the Home Office guides and understand the certificate of sponsorship allocation process. Our Sponsorship Licence lawyers can help you get to grips with the certificate of sponsorship rules as well as:
- Key personnel training
- Sponsor licence audits
- Sponsor licence management services
- Sponsor licence problems, for example, if you are at risk of a sponsor licence suspension or revocation
- Sponsor licence renewal
- All types of business immigration and employment law services, including advice on right-to-work checks
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For advice on sponsor licence applications and sponsor licence management call the immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
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