A sponsor licence allows UK employers to recruit foreign workers. Sponsor licences are granted for four-year periods. To continue employing migrant workers, employers must make a sponsor licence renewal application to the Home office.
Sponsor licence holders are able to submit their renewal application up to three month in advance of the expiry day. A sponsor will be required to apply online using the Sponsor Management System (SMS). The employer must ensure that all details displayed on the summary page of the SMS are correct and have been fully updated. In addition to this, the Sponsor Guidance states that all requested documents must be sent within 5 working days. Failure to do so will lead to the refusal of the renewal application and a suspension or downgrading of the current sponsor licence. Therefore, applicants are strongly advised to start preparing their renewal applications. Another reason to apply early is that if an application is rejected prior to the licence expiry date, then a sponsor is able to submit a new renewal application and the licence will continue until a decision has been rejected.
The application fee is not fixed and depends on the size of a company. The sponsors of small companies pay £536, while medium and large companies pay £1,476.
Following the renewal request, the UKVI officials will make checks as outlined in the Modernised Guidance to determine that the company is:
Operating legally in the UK
Still suitable to be a licensed sponsor
Able to meet their duties at the level we expect
In most cases, general information held by Companies House will be reviewed to check if the company is operating legally in the UK. Moreover, the UKVI will review the sponsor’s immigration history and previous Certificates of Sponsorship.
It is well known that renewal applications attract greater Home Office scrutiny than the initial licence applications. The Home Office uses this opportunity to fully investigate the organisation’s compliance with immigration rules, recruitment policies and other documentation. The compliance visits are highly likely if a sponsor has previously ‘had a tier 2 migrant application refused on the grounds of non-genuine vacancy’.
We understand that the renewal application process can be stressful. Sterling Law is keen to help you with ensuring that the paperwork is correct, preparing for compliance visits and providing remedies in case of a refusal.CONSULTATION
We value your time. After the consultation, we will let you know what the next steps are. We will request the documents we need, and only call you when necessary. We are proactive, will update you on your case as soon as we have any news so that you don’t need to call, meaning you can rest assured that no actions are needed from your side.
We haven’t forgotten about you, but we believe you’d rather spend time doing something that really matters than on the phone with a lawyer.
In a nutshell, it is permission to hire workers outside the EU (EEA) and the UK. Not only you will be able to hire applicants based on their skill and not nationality, but you also secure yourself the same right after the end of the transition period (please note, from 1 January 2021 you must have a sponsor licence to hire both EU and non-EU citizens who otherwise do not have right to work in the UK).More information
At Sterling Law, we understand how challenging it may be to navigate UK immigration law, especially when you have a company to look after.
It is why we offer you full end-to-end support. Whether you are looking to relocate your company, become self-employed, apply for a Sponsor Licence to hire foreign workers, or check if your business is fully compliant with immigration requirements.More information
The Tier 1 Entrepreneur Visa programme allowed business people with between £50,000 and £200,000 in funds available for investment to enter the UK to establish or take over a UK business or businesses.More information
Aliya Rimshelis, Corporate Immigration Lawyer at Sterling Law, has reached a successful result in a complex Tier 1 Investor visa application.
As a result of her efforts, our client from Kazakhstan together with his unmarried partner and their four young children were all successfully granted entry clearance to the UK under the Tier 1 Investor visa.More information
WHO IS IT FOR?
Both Start-up and Innovator visa are open to everyone looking to set up a business in the UK for the first time.
Start-up is initially granted for 2 years which allows you to develop your business idea and switch to the Innovator category later on.
Our immigration team achieved great success in representing a client in her appeal against the Home Office’s decision to refuse issuance of the Residence Card as an extended family member of an EEA national.
Our client, a Ukrainian national entered the UK as a Family Permit holder and was residing in the UK as an extended family member of an EEA national (her father-in-law was Portuguese). Our client lived with her husband and son, whose residence in the UK was also dependent on the same EEA national.
Our immigration team has achieved a successful decision in the asylum appeal of a Nepalese national and her spouse. According to the Immigration & Asylum Upper Tribunal, they should both be allowed to remain in the UK under the protection of Refugee law.
The appellant fell in love and married in the UK against the wishes of her family in Nepal, causing her to fear severe consequences upon return, including honour violence and persecution on the basis that she is a woman who married outside her caste and nationality.
In the recent case of Topadar v Secretary of State for the Home Department  EWCA Civ 1525 the Court of Appeal examined two questions:
At what point is an immigration application decided by the Home Office?
Is it procedurally unfair for the Home Office to refuse an application due to the applicant’s sponsor (i.e. their employer) failing to provide additional information (without the applicant ever being made aware of the request)?
The Court of Appeal decided:
Excellent news; adult dependent relative appeal allowed by the First-tier Tribunal (Immigration and Asylum Chamber)!
Our client, an Indian national, came to the UK with her husband lawfully to visit their son and grandchildren, who are British nationals. Sadly, her husband passed away suddenly while they were in the UK. Our client had a history of dementia with Parkinson’s disease along with anxiety and depression, which made her return to India unachievable.
Our client, a non-EEA national, initially obtained a residence card as the spouse of an EEA national. Our client subsequently divorced from his EEA national spouse and obtained a residence card under the Retained Rights route. The client then applied for permanent residence, which was refused and a subsequent appeal was dismissed by First-Tier Tribunal as the Judge wrongly thought the client needed to be a qualified person, not his EEA national spouse during the time their marriage lasted. Permission to appeal on this basis was granted.