Will using a Sponsor Licence management service help my business?

A Sponsorship Licence allows UK employers and education-providers to sponsor non-EEA nationals to work or study in the UK. At a time of high Employment and skills shortages in many sections of the economy, increased numbers of employers are exploring the option of applying for a Sponsor Licence to enable them to employ migrant workers. Many see the application for a Sponsor Licence as sensible business planning with all the uncertainties surrounding Brexit. However, top London immigration solicitors would advise employers to not only consider the option of applying for a Sponsor Licence but using a Sponsor Licence management service to ensure the conditions and requirements of the Sponsor Licence are met.

Many employers assume that if they get professional help from a London Immigration solicitor on obtaining a Sponsor Licence their legal needs will end there. However, a top London Immigration solicitor will tell you that operating the Sponsor Licence is as complicated as applying for the Sponsor Licence in the first place. What is more, if a company does not manage the Sponsor Licence correctly the Sponsor Licence may be revoked and, even more seriously, the company may be in breach of Immigration law and rules.

How can OTS Solicitors help?

The legal directory of leading UK lawyers, Legal 500, recognises OTS Solicitors expert advice on business immigration. OTS Solicitors are ranked for business immigration services. In addition, OTS Solicitors has Law Society accredited solicitors status as trusted specialists in Immigration law.

For information about OTS Solicitors Sponsor Licence management service please call us on 0203 959 9123 to speak to one of our London based experienced Immigration law solicitors.

Does my business need a Sponsor Licence?

The best London immigration solicitors will tell you that the question “does my business need a Sponsor Licence” is up to the business owner. After all, the business owner is best placed to know their Employment and recruitment needs and, as importantly, whether they are likely to be able to recruit suitably skilled employees from within the UK. If an employer knows that because of skills shortages or planned changes to Immigration law and the Employment of EEA national migrant workers, they will need a Sponsor Licence it is sensible to apply for a Sponsor Licence now.

To sponsor a person under the UK Immigration points-based system, a company must hold a Sponsorship Licence. Without a Sponsor Licence, a company cannot transfer existing employees to the UK, extend an existing work visa or apply for permission to employ someone from outside the EEA. In future, and subject to Brexit and Immigration rule changes a company may also need a Sponsor Licence for permission to employ an EEA national migrant worker.

To secure a Sponsor Licence, a company must be assessed on:

• Monitoring Immigration status and prevention of illegal working; and

• Maintaining migrant contact details; and

• Record keeping; and

• Migrant tracking and monitoring; and

• Recruitment practice.

The top London immigration solicitors can advise you on how to secure a Sponsor Licence. If a company is granted a Sponsor Licence, it will last for four years. It must then be renewed if the company wants to continue to sponsor or employ migrant workers. The renewal application may result in a further audit by the Home Office.

Your Sponsor Licence is granted for an initial period of four years. You must apply to extend this if you wish to continue sponsor any non-EEA nationals. This is a formal application to the Home Office, which may involve your business undergoing another audit.

Once a company has been granted a Sponsor Licence, the paperwork and audit process does not stop there. As most human resource departments are overstretched or are not experts in compliance with Immigration rules and procedures, it can make economic sense for a company to use a Sponsor Licence management service.

The best London immigration solicitors advise that Sponsor Licence management services can include tasks such as:

• Acting as the key contact and/or the level one user for the company with the Home Office Key Contact and Level 1 User. The role of the key contact is to liaise with the Home Office. The role of the level one user is to manage the Home Office Sponsorship Management System. This system secures information about the activities and records of the relevant migrant workers employed by the company; and

• Auditing a company’s human resource policies and procedures to ensure that they continue to be fit for purpose to fulfil the Sponsor Licence obligations. For example, a company has to be able to show that they are monitoring Immigration status and preventing illegal Employment, maintaining migrant contact details, keeping relevant records up to date, migrant tracking and monitoring and maintaining appropriate recruitment practices and professional registrations.

• Issuing Certificates of Sponsorship on the companies’ behalf once the recruitment process has taken place and a suitable migrant candidate has been identified and then ensuring that the recruit has sufficient support during their application to UK Visas and Immigration for a Tier 2 entry visa and preparing and submitting their applications;

• Providing advice on advertising requirements to comply with Home Office Immigration rules if the position the company needs to find an employee to fill is not on the Shortage Occupation List;

• Applying for an extension of the Sponsor Licence.

The top London immigration solicitors recommend the use of a Sponsor Licence management service as a company can then focus on the recruitment of new employees. The company can then focus on business and profit safe in the knowledge that liaison over the management of the Sponsor Licence with UK Visas and Immigration is in the hands of Immigration experts. This minimises the risk of a Sponsor Licence being either downgraded by the Home Office or revoked for non-compliance with intricate conditions relating to a company Sponsor Licence.

How can OTS Solicitors help?

OTS Solicitors advise on all aspects of business immigration and have substantial expertise in applying for Sponsor Licences for employer companies, providing Sponsor Licence management services of Sponsor Licences and advising companies if their Sponsor Licence is downgraded or revoked.

The legal directory of leading UK lawyers, Legal 500, recognises OTS Solicitors expert advice on business immigration. The firm is ranked for business immigration services. In addition, OTS Solicitors has Law Society accredited solicitors status as trusted specialists in Immigration law.