Sponsor Licence To Bring Oil And Gas Staff From Overseas To UK

What Is a Sponsor Licence?

UK businesses or employers will need a sponsor licence to bring oil and gas staff from overseas to the UK. This licence is necessary whether your business is big, small, public or private. It is vital to note that the sponsor licence is only issued to businesses or organisations, not individuals. So, if you want to apply for a sponsor licence, you’ll have to ensure that your company has trading rights in the UK. 

The Home Office manages sponsor licence applications via the sponsor management system (SMS). You need to create an employer account on the platform and apply for the licence. If your sponsor licence application is approved, your business can issue certificates of sponsorship (CoS) to international employees, including onshore and offshore staff.

Holding a sponsor licence to bring overseas oil and gas workers to the UK is a serious responsibility, and the Home Office expects every employer to perform their responsibilities properly. 

You are expected to keep the sponsorship rules and ensure that the international staff complies with the terms of their visa. The Home Office monitors businesses that hold sponsor licence to drive compliance. If found to be in breach of the rules, your sponsor licence may be suspended or revoked. One of the responsibilities of employers is to ensure that the oil and gas staff they want to hire meets the criteria for the work visa they apply for. For the Skilled Worker and Senior or Specialist Worker Visa routes for example, the role must be listed in the occupations list. If you want to sponsor an oil and gas staff from overseas, you’ll need to pay comply with regulation and pay the fee for a sponsor licence, as well as any subsequent visa fees.

Sponsor Licence Types

There are 2 major types of sponsor licences: 

Temporary Worker Sponsor Licence

With the Temporary Worker sponsor licence, oil and gas professionals can work for you in the UK through the following work visa pathways: 

• Graduate Trainee (Global Business Mobility).
• International Agreement visa.
• Secondment Worker (Global Business Mobility).
• UK Expansion Worker (Global Business Mobility).
• Service Supplier (Global Business Mobility).

Worker Sponsor Licence

With this licence, your business can get oil and gas professionals into the UK via the work visa pathways below: 

• Skilled Worker Visa
• Senior or Specialist Worker Visa

The type of sponsor licence you’ll go for depends on the needs of your business. You can get either a licence or both. 

Eligibility & Requirements Of The Sponsor Licence To Bring Oil And Gas Staff To UK

If you require a sponsor licence for employing overseas oil and gas workers in the UK, then you’ll have to meet the following criteria: 

Job Suitability

To apply for a sponsor licence for an oil and gas worker, you must ensure that the role you offer them is on the Standardised Occupations list. You must pay at least the minimum wage stipulated by the Home Office, which is £38,700 or the ‘Going rate’ for the job role, whichever is higher. Their visa application will be refused if you do not abide by this rule. 

Business Based in the UK

Employers who want to obtain a sponsor licence must have a business legally incorporated or trading in the UK. You will be required to present an address where your company is located. In some cases, officials from the Home Office will visit your address to ensure you are abiding by the sponsor licence rules. You must present a registration certificate or number to prove that your business has permission to trade in the UK. 

If your business is a virtual one, you may be able to apply and get a sponsor licence. However, you must prove to the Home Office that your business serves UK customers. The onus is also on you to prove how you intend to carry out your sponsor duties.

Revoked Sponsor Licence

If your sponsor licence was revoked within the last 12 months, you do not meet the criteria for obtaining a sponsor licence. You can only apply after 1 year has passed. 

Genuine Need for a Sponsor Licence

The Home Office must verify that you need a sponsor licence. If your business is small, you’ll have to prove why such a small business cannot employ UK professionals already in the UK job market. Your application may be rejected if the Home Office determines your business doesn’t need an overseas worker. 

Managing the Sponsorship Management System (SMS)

Employers that want to apply for a sponsor licence must appoint people who will manage the SMS platform. You are required to set up 3 roles, which can be performed by 1 or different persons. The persons you select for the roles have to be existing employees. These are the roles you will need to appoint within your team to manage the SMS: 

• Level 1 user who will see to the day-to-day use of the sponsor management system.
• Key contact officer that will relate to the Home Office on your behalf and vice versa. 
• Authorising officer who will see to the management of everyone using the SMS. Note that your authorising officer must be a senior member of your staff. 

You must ensure that each staff member is suitable and qualified for these roles. Every staff member accessing the SMS platform must spend more time in the UK. They must not be temporary or contract workers. 

Monitoring Sponsored Oil and Gas Staff from Abroad

To maintain a sponsor licence for oil and gas staff from overseas to the UK, you’ll need to set up a system to monitor their activities. Set up an HR arm that will confirm the status of the overseas staff. The HR team should also be tasked with tracking the attendance of your overseas employees. Note that every overseas staff member who stops coming to work without your approval must be reported to the Home Office. Failure to do this within 7 days may warrant the Home Office revoking or suspending your licence, or fining your business. 

Criminal Conviction

An employer needs to have a clean criminal record. If you have any unserved criminal conviction, your application for a sponsor licence may be refused. You need to be sure that your business has not been indicted for evading tax payments, treating employees poorly, using previous sponsor licences as a tool to get people into the UK or money laundering. 

What Documents Do You Need for Application?

• Proof your business is registered in the UK.
• Corporate account statement to show your annual turnover. 
• Insurance policy certificate to prove that your business has a policy cover. 
• VAT registration certificate.
• Property deed, lease or rental contract of your business premises. Note that this document must show your business address. 
• HMRC certificate as evidence of having trading rights in the UK. 

The Sponsor Licence Application Process

To apply for a sponsor licence, follow these steps: 

Meet Sponsor Licence Eligibility Criteria

Before applying for the licence, you must confirm that you meet the criteria. It is essential to check if you can meet the financial demands of being a sponsor. Also, check if you have the human resources to carry out sponsor licence duties effectively. Lastly, check if there is a genuine need to employ overseas oil and gas staff. 

Choose Licence Type

The next step is to choose the licence you’ll apply for. You need to decide if you want a Temporary Worker licence, a Worker licence, or both. 

Pay Associated Fee

Your application is incomplete until you show proof of paying the sponsor licence application fee. How much you’ll pay depends on the size of your business. Here’s the breakdown of costs according to business size: 

Small or Charitable Business

• £574 for the Worker and Temporary Worker licence. 
• If you want to add one to the other, you can do so for free. 

Medium or Large Business

• £574 for the Temporary Worker licence.
• £1,579 for the Worker licence.
• £1,579 for both licences. 
• £940 to add a Worker licence in addition to a Temporary Worker licence
• To add a Temporary Worker licence to a Worker licence is free.

You have a small business if:

• You have 50 employees or less. 
• Your business has assets worth £5.1 million or less.
• Your business has an annual turnover of £10.2 million or less.

You have a charitable business if: 

• Your business registered it as a charity in Wales, Northern Ireland, England and Scotland.
• Your business was started by an ecclesiastical organisation. 

If your business does not fit into any of these criteria, it is medium or big. 

Gather Your Supporting Documents

Use the documents required section as a checklist to prepare your documents. Ensure you add the proof of application fee payment. 

Send in Your Application

Create an account on the SMS for your business. On the platform, complete the application form by supplying the information required. Note that your authorising officer should complete the application and submission. After the authorising officer fills out the information, they need to print out the submission sheet below the application form. The sheet must be completed, dated and signed. Next, attach the sheet with your documents and send them to the email on the submission sheet. 

The documents you attach to the email must be in JPG, PDF, JPEG or PNG format. No other formats outside these 4 are accepted. You must name your supporting documents and ensure the writing thereon is legible. The name you’ll use for the documents must not exceed 25 characters. 

Get Sponsor Licence

Upon approval, the Home Office will issue you an “A” licence rating. With it, you can obtain certificates of sponsorships. The validity of the sponsor licence is 10 years. After that, you may need to renew your licence. If you are found breaking the terms of the sponsor licence, you’ll be fined or have your licence revoked.

How Long Does The Application Process Take?

It takes the Home Office 8 weeks to process your application. However, you can pay an additional £500 for expedited services. With the priority service, you’ll get a decision in 10 working days. 

Pre-licence Compliance Visit: What To Know

When you apply for a sponsorship licence, you may get a pre-licence compliance visit from the UKVI. Once you apply for the sponsor licence, you have to always be ready for them. This is because they may not inform you of their coming. When they visit your business, they must verify that it needs the services of an overseas oil and gas staff. You must also ensure your staff members are carrying out their obligations judiciously. If the UKVI officers note that you defaulted in some of these rules, it may affect the outcome of your sponsorship licence application. 

Certificate of Sponsorship (CoS)

The sponsor licence grants permission to assign certificates of sponsorship to international employees. If your employees are skilled workers or senior or specialist workers, the Home Office requires you to pay the immigration skills charge. Your business will pay this charge for every employee coming to work for you in these work visa categories. The amount you need to pay depends on your business size and how long you want the overseas staff to work for you. 

For small or charitable businesses: 

• £364 for the first year. 
• £182 for every additional 6 months. 

For Medium of Big Businesses:

• £1,000 for the first year.
• £500 for every additional 6 months. 

When assigning a CoS using the SMS, you must add details about the employee and their job roles. Note that there are 2 types of CoS: 

• The defined CoS for oil and gas staff going to the UK through the Skilled Worker pathway.
• The Undefined CoS for oil and gas staff going to the UK via other work visa pathways.

The Home Office requires you to issue the correct CoS. Mixing them up may lead to your sponsor licence being revoked. You can anticipate your business needs and apply for allocation of undefined certificates of sponsorships for 1 year. If you exhaust the allocated CoS, you can still request for more. For the defined CoS, you can only apply for it when you have a candidate you want to sponsor. It is important you tell the overseas employee that they must use the CoS within 3 months or it will expire.

Step By Step How To Bring Overseas Oil And Gas Staff To The UK

Bring overseas talent to the UK by following the steps below: 

Confirm the Status of Your Employee

Check the employee’s nationality and confirm if they need sponsorship to work in the UK. If they do, move to the next step. 

Confirm You Meet the Criteria

You have to assess yourself and know if your company meets the criteria for a sponsor licence application. Confirm you can meet the financial requirements and carry out sponsor duties. 

Make an Application for Sponsor Licence

Follow the steps in this article to get a sponsor licence. 

Assess the Eligibility of Your Prospective Employee

It is your job to ensure the employee meets the job and visa requirements. If necessary, ensure the employee undergoes security tests to prove they are not a threat to the UK. 

Assign a CoS

If the employee checks all the boxes, issue CoS to them. 

Apply for a Visa

You can help reduce the criteria the employee would need to meet when applying for a work visa by paying their visa fee, and assisting them to satisfy the upfront financial demands of moving to the UK (such as proof of funds prior to first salary).

Help Your Overseas Staff Settle

Employers can help their staff settle in a new country and role. You can help them start in their new role smoothly by giving them orientation, accommodation support and helping them set up their bank accounts. Our concierge service is there to help new staff settle in the UK.

Our Specialist Immigration Team Can Help

Immigration Advice Service has a team of competent lawyers who are experts in UK immigration and employment laws. We can assess your eligibility, review your supporting documents and apply for a sponsor licence on your behalf. By enlisting our services, you save yourself the effort, time and money you’d have used to make another application if the first didn’t work. 

When we handle your application package, you have a high chance of getting approval. We have succeeded in applying for many people and can help you too. For more information about our services, call +44 (0)333 414 9244 or message us online.