Temporary Worker Sponsor Licence
Great Britain offers a multitude of immigration routes for overseas workers. Those who do not plan on settling in the country can opt for a Temporary Worker Visa that implies obtaining a corresponding Sponsor licence. This licence allows UK employers to sponsor foreign nationals for temporary work assignments, filling short-term vacancies and bringing in specialised skills. Let us discuss what a Temporary Worker Sponsor licence is, how and where it can be issued, and what should be borne in mind by future temporary workers in the UK.
What is a Temporary Worker Sponsor Licence?
This is a company’s legal permission to employ foreign nationals who come to the UK under any of the Temporary Worker Visa. Such employers usually cover specific roles in agriculture, entertainment, charity, or religion
Once a legal entity is granted a Sponsor licence by UK Visas and Immigration (UKVI), it obtains the right to issue Certificates of Sponsorship (CoS) which are indispensable for applying for the temporary worker visa. Sponsor licences shall fully correspond to the industries and positions that a company intends to cover with overseas employees and shall meet some other requirements.
Sponsoring a temporary worker is not merely about filling a vacancy; it also involves compliance with strict legal obligations. Employers must ensure they meet all the requirements set out by the Home Office, including maintaining accurate records and monitoring sponsored workers. Failure to comply can result in severe penalties, including licence revocation.
Types of Sponsorship Licences for Temporary Workers
Currently there are 11 types of Sponsor licences designed for the following categories of temporary workers:
- Scale-up worker (for those who are going to be employed by a fast-growing British business);
- Creative worker;
- Charity worker;
- Religious worker;
- Government authorised exchange (those who come for training, work experience, or project activity);
- International agreement (employees of foreign governments);
- Graduate trainee;
- Service supplier;
- UK Expansion worker (those who move to the country to establish a new branch or subsidiary of a foreign company);
- Secondment worker;
- Seasonal worker.
Depending on the category, the duration of stay of overseas workers varies. For instance, service supplier and seasonal worker visa sponsorship allows staying in the UK for 2-6 months only while religious and exchange workers can immigrate for up to two years.
When applying for any of these Sponsorship licence categories, a legal entity shall meet specific eligibility criteria. This ensures that the licence will be used for bringing only foreign workers who meet the required skill level and will cover only the positions that are covered by the licence.
Temporary Worker Sponsor Licence Requirements
To be eligible for applying for a licence, a business shall:
- be registered and operational;
- genuinely need overseas temporary employees;
- be suitable for sponsorship (in terms of its compliance and management scheme);
- appoint specific UK-based key roles for managing the sponsorship process;
- meet other visa-specific criteria (minimum salary threshold, minimum skill level, availability of international business links, etc.).
It goes without saying that the applying legal entity shall also be lawfully operating in Britain, have a clear background and robust recruitment practices, and be transparent when it comes to its financial accounts and other corporate documentation. Key personnel that will engage in supporting temporary workers shall have no unspent convictions for immigration breaches.
How to Apply for a Temporary Worker Sponsor Licence?
Before applying for a charity or other worker visa Sponsorship licence, a company shall assess its own eligibility by checking whether it adheres to all the required principles. This preliminary assessment process will spare you much time and effort that can be lost in case of applying without meeting the eligibility requirements.
The second step to identify the most appropriate licence category. You shall make up your mind on what overseas workers you wish to invite, and what roles they will cover.
The next steps of the application process are as follows:
- Appoint the key personnel. These are HR, managerial, and administration roles that will be engaged in selecting, recruiting, and guiding temporary immigrants: Authorising Officer, Key Contact, and Level 1 User. The list of all such personnel shall be submitted for approval to UKVI.
- Prepare the necessary documentation. These include certificate of incorporation (or other business registration papers), office lease agreement (or other office location proof), information on the key personnel, compliance policy papers.
- Submit the application. This shall be done on the British government’s official website for the Sponsor licence application. Ensure that you select all the relevant visa categories and fill in the required fields using true and updated information. The more detailed data you provide, the bigger the chances are that your application will be approved. Submission by post is also allowed.
- Pay the application fee. Its amount depends on the scale of your business (smaller businesses and charitable organizations normally pay a lower fee).
- Submit the required documentation. This can be done by uploading the files through the online portal in order to complete the application process. All the documents shall be legible and correctly formatted in accordance with the Home Office’s updated guidelines.
Once the online application is complete, you shall wait until UKVI takes its decision. Sometimes additional documents can be required or even a site visit aimed at verifying the business’s need for being a sponsor for temporary workers and its ability to fulfil numerous duties associated with such a status. Yet, normally the entire process takes less than 2 months. A priority service is available for Creative, Charity, Religious, and Graduate Trainee visas (it costs £500 and allows reducing the application processing time to 10 working days).
If the Home Office makes a positive decision, the company will be granted a Temporary Worker Sponsorship licence that allows issuing CoS and inviting eligible immigrant workers in the specified visa categories. The licence will be valid until it is revoked by the issuing body. In case of a negative reply you will be able to reapply once the issues that are marked by UKVI as problematic are addressed.
How Much Does it Cost?
The Sponsor licence application is associated with several types of costs which include, first of all, the application fee itself. It is £1,476 for medium and large enterprises and £536 for small and charitable organisations.
To be defined as a small business, the company shall prove that at least two of the following hold:
- its annual turnover is £10.2 million or less;
- its total assets are worth £5.1 million or less;
- it employs 50 workers or fewer.
The second cost item is each CoS that the company intends to issue (£25). However, if there is need to add a worker to the existing Temporary Worker Licence (or vice versa), this can be done with no additional fee.
What to Do if a Temporary Sponsor Licence is Refused?
Companies sometimes face the Home Office’s refusal to grant a Sponsorship licence.This can happen for a number of reasons including:
- Not providing all required documents or incorrect formatting.
- Previous breaches of immigration laws.
- Failure to demonstrate robust systems for monitoring sponsored workers.
Basically, there are two ways of remedying the situation where the Home Office has to grant a Sponsor licence. The first one is to reapply if some minor error occurred that can be corrected by the business on its own. If no such solution is available, you can request a judicial review of the Home Office’s decision with its possible future reversal. Consulting immigration law experts can provide guidance on how to proceed effectively.
How Can We Help?
A Sponsorship licence application is a lengthy and cumbersome process, and companies often struggle to determine their eligibility and gather all the required documents. If you need professional legal assistance, then Sterling Law is at your service.
We are a reputable legal firm with a multi-year experience in dealing with immigration and employment matters. Our numerous successful cases prove that any legal difficulty can be solved if it is addressed by qualified and motivated professionals.
Among Sterling Law’s indisputable competitive advantages there are:
- Tailor-made approach to each client;
- Comprehensive study and analysis of your Sponsor licence situation;
- Prompt provision of legal assistance at adequate costs;
- Personal manager’s guidance through the entire process.
If you wish to become a licensed sponsor for migrant employees but do not know what to start with, or if you have faced the Home Office’s refusal and need to solve the matter, contact Sterling Law professional immigration solicitors. We will help you in the most efficient, expedient, and reliable way!
