Temporary Worker Sponsor Licence: Employer’s Guide

Overview Of The Temporary Worker Sponsor Licence

Having a Temporary Worker Sponsor Licence is mandatory for employers who wish to sponsor overseas workers for temporary employment in the UK. It ensures that the recruitment and employment of foreign workers adhere to UK immigration regulations and uphold fair labour practices.

To obtain a Sponsor Licence, employers must demonstrate their genuine need for temporary workers from outside the UK and meet specific eligibility criteria and have the financial capacity to support sponsored workers. The application process involves completing an online application and providing supporting documents as specified in Appendix A of the sponsor guidance.

Upon securing a Temporary Worker Licence, employers assume ongoing responsibilities. These duties ensure that the employment of sponsored workers remains compliant with UK regulations and protects their rights. 

The process can be quite tricky and challenging. At IAS, we will help you understand what needs to be done and guide you every step of the way. This will boost your chances of getting an approval. Call +44 (0)333 414 9244 today to get started.

Who Is Eligible To Be Sponsored Under The Temporary Worker Sponsor Licence?

The Temporary Worker Sponsor Licence in the UK allows businesses to sponsor individuals from overseas to undertake temporary work in the UK. To be eligible for sponsorship under this licence, the worker must meet the following criteria:

• Not be a British or Irish citizen
• Possess the necessary skills, qualifications, and experience to perform the job duties effectively.
• Demonstrate sufficient English language proficiency to meet the minimum requirements for the Temporary Worker routes (if necessary).
• Ensure the role meets the specific requirements of the relevant Temporary Worker route, including any applicable salary thresholds
• Do not have a criminal record that would prevent them from entering or remaining in the UK.
• Undergo a TB test depending on their country of origin.
• Belong to any of the following categories:
  • Creative and Sporting Workers: This category is for individuals coming to the UK for short engagements in creative and sporting roles. Athletes and artists, entertainers, and their support staff can be sponsored under this category.
  • Charity Workers: Individuals coming to do unpaid voluntary work for a charity can be sponsored in this category. The work should directly relate to the sponsor organisation’s work.
  • Religious Workers: This includes those coming to work in a religious order or as religious workers, such as missionaries or those working in a religious community.
  • Government Authorised Exchange Workers: Individuals coming to the UK through approved schemes that aim to share knowledge, experience, and best practices.
  • International Agreement Workers: People coming to the UK under a contract to provide a service covered under international law, including employees of overseas governments and international organisations.
  • Seasonal Workers: Workers coming to the UK for seasonal employment in certain sectors, such as agriculture.
  • Service Supplier: Independent contractors or service providers offering a contractual service under a valid trade agreement to a UK business.
  • Graduate Trainee: International employees moving to a UK branch of a foreign employer as a part of a graduate programme to prepare for a managerial or specialised position.
  • Expansion Workers: This route facilitates the establishment of a UK branch or subsidiary by allowing a key employee from the overseas parent company to relocate to the UK for an initial period of up to five years.
  • Secondment Worker visa: This route caters to businesses with temporary project needs in the UK. It allows the transfer of skilled workers for specific projects lasting up to 12 months.

Each category has specific requirements and conditions. As the sponsor, you are responsible for ensuring that the sponsored workers meet the criteria for their respective categories. You must also comply with various sponsorship duties, such as record-keeping and reporting responsibilities to the UK Home Office.

Eligibility Criteria for Temporary Worker Sponsor Licence for Employers

The eligibility criteria for obtaining a Temporary Worker Sponsor Licence for employers in the UK are designed to ensure that only legitimate and responsible organisations can sponsor foreign nationals to work temporarily in the UK. Below are the eligibility requirements for employers:

• Have a valid Companies House registration number or equivalent proof of business registration
• Demonstrate a strong financial standing with sufficient resources to support their sponsored workers
• Have a proven track record of complying with all applicable UK immigration laws and regulations
• Must not have any history of immigration breaches or violations, or any unspent criminal convictions for crimes such as money laundering
• Possess the financial capacity to support the sponsored worker throughout their temporary employment period
• Must not have had a sponsor licence revoked in the last 12 months

Note that failure to comply with any of the requirements can lead to the application being rejected or the Temporary Worker Sponsor Licence being revoked. To avoid a rejection, call our immigration experts at IAS at +44 (0)333 414 9244 for assistance.

How to Apply for a Sponsor Licence To Employ Temporary Workers

Sponsoring temporary workers from overseas requires employers to follow a structured process, adhering to the regulations set by the UK government. Firstly, you need to obtain a Sponsor Licence. This involves checking if your business is eligible, with no unspent criminal convictions for immigration offences or certain other crimes.

The application is done online and you must first create an employer account on the UKVI SMS website. You also need to provide supporting documents such as proof of your business legitimacy, evidence of registration with regulatory bodies, and financial statements. Also, nominate individuals within your business to manage the sponsorship process.

Next, choose the correct category under the Points-Based System, based on the nature of the job and the worker’s qualifications. Once licensed, you can assign a Certificate of Sponsorship (CoS) to the worker. This unique reference number is essential for the worker’s visa application. 

You also need to assist the Worker with their visa application by providing the necessary documents, including the CoS. The worker may have to meet certain requirements, such as maintenance funds and English language proficiency.

Applying for a sponsor licence can be complex, and failing to meet all requirements could lead to rejection. Our team can guide you through the process to improve your chances of success. Call +44 (0)333 414 9244 to book a consultation.

Cost and Processing Time of Applying for a Temporary Worker Sponsor Licence

The cost of applying for a Temporary Worker Sponsor Licence for all organisations is £574. The standard processing time for sponsor licence applications is usually up to 8 weeks. UK Visas and Immigration (UKVI) may visit your business as part of the application process.

There is also an option for expedited processing, which guarantees a decision within 10 working days, but this requires an additional fee of £500. This expedited option is limited to a small number of applications each day and is offered on a first-come, first-served basis. Instructions for requesting expedited processing are provided after application submission. 

Ongoing Duties for Temporary Worker Sponsor Licence Holders

Employers who have secured a Temporary Worker Sponsor Licence have ongoing responsibilities to ensure the smooth and compliant employment of sponsored workers throughout their temporary engagement in the UK. These duties are important for maintaining the integrity of the sponsorship system and protecting the rights of sponsored workers.

• Maintaining accurate records of all sponsored workers including the worker’s details, employment contracts, immigration status, and any relevant documentation related to their employment.
• Ensuring that sponsored workers are paid in accordance with the appropriate rates for the specific visa route, which may be higher than the national minimum wage.
• Reporting any changes to the employment conditions of sponsored workers to UKVI. This includes changes to job duties, salary, working hours, or any other significant modifications to the employment relationship.
• Conducting right-to-work checks for sponsored workers to verify their eligibility for employment in the UK. 
• Cooperating with UKVI inspections if requested.
• Providing support to sponsored workers throughout their employment, including assistance with accommodation, healthcare, and understanding their rights and obligations in the UK.
• Notifying UKVI within 10 working days if the employment of a sponsored worker is terminated earlier than expected.
• Maintaining records of their compliance with sponsor duties, including copies of right-to-work checks, minimum wage calculations, and any correspondence with UKVI. 

By fulfilling these ongoing duties, employers can demonstrate their commitment to responsible sponsorship practices and contribute to the success of the sponsor licence program in supporting the UK’s workforce needs.

How IAS Can Help

Our team of experienced immigration lawyers provides sponsorship licence services, from assessing your eligibility and selecting the right type of licence to compiling a compliant application and navigating the complexities of UK immigration regulations.

We understand the importance of maintaining compliance with your sponsorship duties. That is why we offer ongoing support to help you with record-keeping, monitoring employee immigration statuses, and reporting changes to the UKVI. This ensures your business remains aligned with all immigration regulations and avoids potential complications.

If your organisation requires legal assistance, get in touch with us today. Contact us today at +44 (0)333 414 9244 to get started.