What is a Level One User?
As London Immigration Solicitors we are used to being appointed as the level one user for a sponsor licence holder as part of our Sponsor Licence Management Service. We also provide Immigration Law Training for HR directors and key personnel on the role of a level one user.
In this article, Business Immigration Solicitor, Hans Sok Appadu, looks at what a level one user does and why the role of a level one user is crucial in the successful management of a sponsor licence.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
The job of a level one user
A level one user is one of the key personnel appointed to manage a sponsor licence. The licence allows the company to sponsor overseas workers on Work Visas.
The other key personnel are:
- Authorising officer
- Key contact
- Level two user
In a small business, one person can fill all the key personnel roles. However, in most companies, the roles are split.
The role of the level one user is to sort out the day-to-day management of the sponsor licence using the sponsor management system. In a larger company or in a business that sponsors many employees on Skilled Worker Visas or Health and Care Worker Visas it is usual to appoint a level two user to carry out the more mundane reporting tasks on the sponsor management system.
How many level one users can be appointed?
A business must have at least one level one user to manage the sponsor management system but it can appoint more than one. It can make sense to appoint more than one level one user if many employees are sponsored on Skilled Worker Visas or to cover level one user absences. For example, holidays, sick, parental and other leaves given the risk of unannounced Home Office compliance visits when your level one user is unavailable.
Can a Business Immigration Solicitor be appointed as the level one user?
A Business Immigration Solicitor can be appointed as a level one user but they cannot be appointed as the first level one user when you are applying for your sponsor licence. Once your Sponsorship Licence Lawyers have obtained your sponsor licence for you they can then be appointed as a level one user.
The rules say a sponsor licence holder:
- Must have at least one level one user in place
- When applying for the licence the company must nominate a paid member of staff as their level one user. This could be a suitable employee, director, partner, or office holder, such as the company secretary, registered director, board member or trustee
- Any additional level one users must be employees or office holders if they are with the company
- A third party can be appointed as an additional level one user after the grant of the licence. This is normally a Sponsorship Licence Lawyer appointed to manage or help manage the sponsor licence or the employee of a company the sponsor licence holder is employing to carry out their HR functions
Choice of company level one user
When selecting the first level one user when applying for your first sponsor licence application, or when appointing a new company level one user, you must not appoint anyone who:
- Is not based in the UK
- Works freelance or is a contractor
- Is temporary staff recruited through an employment agency
- Works as a consultant for the business and is under contract with the company for a specific project
- Is subject to a Bankruptcy Restrictions Order, Bankruptcy Restrictions Undertaking, a Debt Relief Restrictions Order or Debt Relief Restrictions Undertaking
- Is legally not allowed to be appointed as a company director
Sometimes the choice of level one user within a company is obvious. In other cases, it can be hard to select someone who has both the organisational abilities and the time to carry out this pivotal role in sponsor licence management. In those circumstances, you may want to appoint one person to do all your key personnel roles as part of your sponsor licence application, safe in the knowledge that as soon as you secure your sponsor licence your level one user will appoint the Sponsorship Licence Lawyer to join them as a level one user and to provide a full Sponsor Licence Management Service.
Checks on your level one user
Anyone nominated as a level one user needs to be aware that the Home Office will carry out checks on the nominated key personnel and level one user. Those checks will be carried out as part of the application process and periodically afterwards.
A level one user should not have any significant criminal convictions or have been subject to civil penalties. They also need to be British citizens or have settlement, such as Indefinite Leave to Remain or Settled Status.
The company must continue to monitor the appropriateness of continuing the appointment of a level one user. For example, if the employee or director is spending significant periods outside the UK as they can work remotely. In those circumstances, your company may need to appoint another level one user or risk its sponsor licence being suspended or revoked if the Home Office believes that your level one user is no longer based in the UK.
What does a level one user do?
A level one user manages the sponsor management system on behalf of the company, possibly with the assistance of another level one user or help from appointed level two users.
The job functions of the level one user include:
- Assigning certificates of sponsorship
- Asking for increases in certificate of sponsorship allocation
- Adding level one and level two user users or removing them
- Reporting organisational changes
- Reporting sponsored worker changes such as changes of address, salary or job title
- Monitoring the sponsor management system message board
How our Sponsorship Licence Lawyers can help your business
Our Business Immigration Solicitors act as level one users and provide Sponsor Licence Management Services for a range of businesses across diverse sectors. Even if we did not help you secure the sponsor licence for your company, we can provide you with Legal Training or our full Sponsor Licence Management Service.
Our Sponsor Licence Management Service provides peace of mind for small business owners or busy HR staff and takes away a lot of the hassle and stress associated with sponsor licence compliance.
We can provide Immigration Law Training as an add-on service to our Sponsor Licence Management Service or as a stand-alone service. Our Legal Training provides legal and practical tips tailored to your business needs and gives your staff confidence in their key personnel and HR roles.
To find out more about our immigration services, please call us or email us to sign up for our mailing list for upcoming Immigration Law Training.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
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