UK Sponsor Licence For Bringing Aerospace Employees From Overseas To UK

Overview of Sponsor Licences for the Aerospace Industry

The UK is an international market leader in the aerospace industry, cited as the second-largest national industry in the world after the United States.

Notable companies that have a presence in the UK include BAE Systems, Britten-Norman, Rolls-Royce, Airbus, Boeing, Lockheed-Martin and GKN. The UK also has hundreds of smaller companies operating in the sector devoted to manufacturing, design, logistics and supply chain management.

Particularly notable is the Midlands aerospace cluster, located near the cities of Birmingham, Nottingham and Coventry. Over a quarter of the UK’s aerospace companies are located within this area, accounting for over 45,000 jobs across a diverse range of sectors.

Given that the UK has a thriving aerospace industry with potentially thousands of vacancies at any one time, it’s natural that businesses may wish to hire talent from overseas in order to fill labour shortages.

In order to do so, aerospace businesses will first need to apply for a sponsor licence from the Home Office. The process involves fulfilling several eligibility criteria as well as diligent ongoing management to ensure that businesses continue to meet regulations.

Which Aerospace Roles Can Be Filled By Foreign Employees?

Aerospace organisations looking to hire foreign talent will most likely sponsor prospective employees to obtain Skilled Worker visas, which is the UK’s general work visa for skilled employees. 

In order to be eligible for a Skilled Worker visa, applicants must first verify that they will be working for their employer in a role with a valid occupation code.

There are several occupation codes that fit within the aerospace industry, meaning that businesses have a wide scope to use foreign talent to fill a variety of roles.

Some of these codes and their accompanying roles are listed in the following table. Note that this is not a complete list and there are a variety of other roles that are also eligible under visa routes that can be employed within the aerospace sector.

What Are the Different Types of Sponsor Licence for Aerospace Businesses?

There are two main types of sponsor licence in the UK, each catering for different types of worker. Aerospace businesses will be able to apply for a licence that covers one or both types.

The first type is the Worker licence, which is used for most types of long-term skilled employment. This will likely be the main type of licence that aerospace organisations will apply for, given that they will mostly be hiring specialised and skilled workers who will be employed over long periods of time, typically with a Skilled Worker visa.

Also included in this licence type is Senior or Specialist Worker visas, which should be used by multinational aerospace companies who need to transfer established employees to a UK branch of their company.

The second type is the Temporary Worker licence, which is intended for sponsoring foreign employees on a temporary basis. This may typically be less common in the aerospace industry, but businesses may still wish to sponsor foreign workers coming to the UK on the following visas if they are applicable:

• Scale-up visa – for those looking to work for fast-growing UK aerospace businesses
• Government Authorised Exchange visa – for work experience, research projects or training purposes
• Graduate Trainee visa – for those looking to enrol in a graduate training program in a UK branch of their employer
• Service Supplier visa – for workers with a contract to provide services for a UK aerospace company 
• UK Expansion Worker visa – for workers of aerospace companies who wish to expand into the UK
• Secondment Worker visa – for workers transferring from overseas to work for a different UK aerospace business as part of a high-value contract

What is the Eligibility Criteria for Sponsor Licences?

All businesses in the UK, including those in the aerospace industry, must meet the basic eligibility criteria in order to apply for a sponsor licence.

These include the following. You must:

• Commit to appointing qualified staff to key roles in order to manage the sponsor management system (SMS)
• Commit to maintaining accurate records and continued compliance with sponsorship management duties
• Pass the suitability checks for a licence. You will not be approved for a sponsor licence if anyone involved in sponsorship has:
  • An unspent criminal conviction for an offence listed in the guidance for sponsors
  • Been fined by UK Visas and Immigration (UKVI) in the past 12 months
  • Been reported to UKVI
  • Broken the law
  • Been a ‘key person’ at a sponsor that had its licence revoked in the last 12 months
  • Failed to pay VAT or other excise duty
• Not have had a sponsor licence revoked in the past 12 months
• Not have unspent criminal convictions for immigration offences or certain other crimes such as fraud or money laundering

Your Responsibilities as a Sponsor Licence Holder

Before applying for a sponsor licence, it’s important to first understand and familiarise yourself with all of the necessary responsibilities you must adhere to as a sponsor licence holder.

These responsibilities apply to all businesses and organisations in the UK looking to sponsor foreign workers and not just businesses in the aerospace industry.

These include the following. You must:

• Thoroughly check that your foreign employees have the necessary skills, qualifications or professional accreditations to do their jobs, and retain copies of evidence to show this 
• Only assign certificates of sponsorship to workers when the job is suitable for sponsorship
• Tell UKVI if your sponsored workers are not complying with the conditions of their visa
• Comply with UK employment law for jobs you’re offering
• Meet all the additional requirements for workers under 18, scale-up workers or offshore workers
• Report any changes to your business to UKVI, such as if you stop trading, become insolvent or are involved in a merger or take-over

In addition, you must have HR systems in place that allow you to:

• Monitor your workers’ immigration status
• Keep copies of relevant documents for each sponsored worker, including evidence of right to work checks
• Track and record workers’ attendance
• Keep worker contact details up to date
• Report to UKVI in the event of any problems that might arise

How to Apply for a Sponsor Licence for Your Aerospace Business

Aerospace businesses and organisations looking to acquire a sponsor licence must submit an application online through the Home Office website.

Before you submit the application itself, you must ensure that you have gathered the necessary supporting documents for your application, including comprehensive details about your business operations, your financial information, staff info and details of your ability to comply with ongoing sponsorship duties.

You must also ensure that you have qualified and capable staff assigned to the roles of authorising officer, key contact, and level 1 user in the sponsor management system (SMS).

Once you have done this, you should fill in the online application form on the Home Office website. You may also be asked to send in your supporting documents and a submission sheet after completing the application.

You will also have to pay the application fee at this time.

How Much Is the Sponsor Licence Application Fee?

The application fee for sponsor licences vary based on the type of licence you’re applying for and the size of your business.

The fees are as follows:

Your business will be classed as a small or charitable sponsor if you’re a registered charity or if at least two of the following apply to you:

• Your annual turnover is £10.2 million or less
• Your total assets are worth £5.1 million or less
• You have 50 employees or fewer

Note that you will also have to pay the immigration skills charge for any employees coming from outside the UK to work in the UK for 6 months or more, or for any foreign employees applying for sponsorship from within the UK.

The fees for the immigration skills charge are as follows:

What Happens After You Apply for a Sponsor Licence?

Once you send your completed application to the Home Office, it should take around 8 weeks for it to be processed.

Your business may be visited by officials from UKVI for a pre-compliance visit in order to confirm that the details on your application are correct and that your business is suitable to carry out sponsorship duties.

If your application for a sponsor licence is approved, your business will be given an A-rated sponsor licence. You will then be able to start assigning certificates of sponsorships to prospective employees, which will then in turn allow them to apply for their work visa.

Your business will be downgraded to a B-rating if you fail to meet your sponsor responsibilities.

If your application for a sponsor licence is refused, you will normally be sent a letter detailing the reasons why. You may have the option to request a review of your application if you think that it was refused due to a mistake, oversight or error. Otherwise, you may have to try to apply for a sponsor licence again.

Will Your Aerospace Employees Require ATAS Certificates?

Before assigning certificates of sponsorship to your foreign employees, you must first check if they require Academic Technology Approval Scheme (ATAS) certificates before coming to work in your aerospace business.

ATAS certificates allow foreign workers to conduct high-level research into certain sensitive subjects, which notably includes aerospace engineering.

Your employees will require an ATAS certificate if all of the following apply:

• You’re sponsoring a foreign employee for a Skilled Worker visa, Senior or Specialist Worker visa, Global Business Mobility visa or any other required visa
• You have a Student sponsor licence
• You’re sponsoring the employee in a relevant occupation code
  • This includes codes 2126 (Aerospace engineers) and 5234 (Aircraft maintenance and related trades), in addition to others in engineering, science and technology
• The employee will be carrying out research at PhD level or above in a relevant subject
  • This includes categories for Aeronautical and Aerospace Engineering as well as others in engineering and science
• The employee is not of an exempt nationality

If one of your prospective employees requires a certificate, you must inform them that they need one and that they need to include it in their visa application. You must also keep a copy of the certificate for your records.

What Are the Benefits for Aerospace Businesses When Hiring Foreign Employees?

Aerospace businesses may benefit widely from hiring international talent for a number of reasons.

Firstly, opening up vacancies to international applicants means accessing a far wider talent pool than just hiring from the UK. Talented engineers, designers, scientists and managers from abroad may look to come to the UK due to its thriving aerospace industry, which means that businesses should be open to recruiting from overseas to harness this influx of talent.

International employees are also shown to enhance companies’ innovation, diversity of ideas and thought, and creativity, which may help to give your business an additional edge in a relatively crowded marketplace. The aerospace industry is one that is continually dependent on new ideas, innovation and monitoring of existing systems, which means that bringing in new perspectives into your business may be a significant boon.

Finally, foreign employees may also bring with them the opportunity to expand into new markets. Links to other aerospace or aviation companies abroad may bring forth significant opportunities for expansion and growth for your business, which may help to establish your business as an international leader in the sector.

How Can IAS Help?

Although there are many benefits when hiring foreign employees for your business, the process can be a lengthy and difficult one due to the various boxes that organisations must tick in order to be eligible.

If you are an aerospace business or organisation looking to expand your talent pool and hire foreign workers, IAS can help.

We are a team of expert and knowledgeable business immigration specialists experienced in helping businesses like yours acquire foreign talent. No matter how big or small your business or whether you specifically need talented engineers, researchers, managers or logistics staff, our team are on hand to listen to your specific business needs and find the people you need.

For more information about the services we offer and what we can do for your business, reach out to us on +44 (0)333 414 9244 or contact us online today.