Work Visa Sponsorship UK - Guide For Employers

The Skilled Worker visa is a points-based immigration system introduced by the UK government to replace the Tier 2 (General) visa. It took effect in January 2021 and allows UK employers to recruit eligible foreign workers for skilled roles. It is the main UK immigration route for foreign nationals and one of the visa routes to obtaining a settlement status or Indefinite Leave to Remain.

This immigration program targets skilled workers who meet specific requirements and score at least 70 points on the 130 points system. The 70 points benchmark consists of 50 points for mandatory criteria ( such as job offer, English proficiency, a minimum of level 6 Regulated Qualifications Framework or above skill level, and salary level) and 20 points for tradeable criteria.

Types of Sponsor Licences

A sponsor license grants an employer legal permission to issue certificates of sponsorship to foreign workers in their employment. The license is valid for four years but can be revoked if the business commits an immigration offence. There are two main types of sponsor licenses

• Worker License – for skilled, long-term employment,
• Temporary Worker License – for specific kinds of temporary employment, e.g. volunteers.

You can apply for a license covering one or both classes of workers. The skilled worker license lets you sponsor several categories of skilled workers on a long-term or permanent basis. It is split into

• Skilled worker – for roles that meet the skilled worker visa job requirements
• Senior or Specialist Worker  formerly known as intr-company transfer) – for multinational companies looking to transfer senior staff members to their UK office.
• Minister of Religion – for persons coming to work for religious organisations.
• International Sports Person – for international sportspersons and coaches coming to work in the UK

Temporary worker license allows you to sponsor workers for specific kinds of jobs temporarily. It has several categories, such as:

• Creative Worker – for those coming to work in the creative and entertainment sector for a maximum of two years.
• Religious Worker – for those coming to work in a religious order (two years validity)
• Charity Worker – for unpaid volunteers in charity organisations (one-year validity)
• Government Authorised Exchange – for participants in research or training projects to foster an exchange of knowledge (up to two years)
• Graduate trainee – for participants in the graduate training programs of multinational companies who need to work in their UK branch temporarily as part of the program.
• UK Expansion Worker – for workers sent to the UK to establish a branch of a multinational

How to Get a Sponsor Licence

To obtain a sponsor licence, you must ensure you meet the requirements before filling out an application. The Steps to getting a sponsor licence are;

1. Check if your business is eligible
2. Choose the type of license you want to apply for depending on the types of workers you intend to sponsor
3. Decide who will fill the sponsorship management roles within your organisation and create a sponsor management team
4. Apply online for UK visa sponsorship and pay the application fee
5. Print out and scan the submission sheet
6. Email scanned submission sheet and relevant supporting documents to the UKVI. If you cannot send the documents via email, you can send hard copies to the UK Visas and Immigration office address.

Applications are typically reviewed and processed in less than eight weeks.

You’ll receive an A-rated license if your application is approved, and your business will be included in the register of sponsors. The A-rated licence allows you to issue a certificate of sponsorship to foreign employees. You’ll receive a provisional rated license if you’re applying to sponsor a UK expansion worker.

If you fail to meet up with your sponsor responsibilities after issuance, your licence will be downgraded to a B-rated license. This means you’ll no longer be able to sponsor new workers.

The UKVI will provide you with an action plan for a £1476 fee if you wish to upgrade to an A-rated license. The fee is to be paid within ten days of receipt of the downgrade notice, or you will lose your license. Your license will be upgraded upon the successful completion of the action plan.

If you do not meet the requirements for an upgrade, you’ll be given a B-rating again and have to pay for another action plan. If you still do not qualify for an upgrade by the end of the second action plan, your license will be revoked.

Once you’ve applied for a sponsorship license, you’ll need to appoint people within your organisation to fill relevant sponsorship management roles. They will form your company’s sponsorship management team and work with the Sponsorship Management System (SMS) to issue certificates of sponsorship. The key roles are

• Authorising Officer: A senior personnel that will oversee the actions of staff and representatives in the sponsorship management team, especially the use of the SMS.
• Key Contact: The person designated to maintain contact with the UKVI
• Level 1 User: The person responsible for overseeing the daily use and management of your sponsor license via the SMS.
• Level 2: A support staff with limited access to the SMS. This particular role is optional and can be filled after getting your license.

You and all your work sponsorship team members will undergo a suitability check to ensure you’re fit to fill the respective roles. Your license application will be rejected if any staff in a sponsorship role:

• has an unspent criminal conviction for a sponsorship-related offence
• has been fined by UKVI within the last year
• been reported to UKVI
• been a key person at a sponsor whose licence was revoked in the last one year
• failed to pay excise duty including VAT
• a history of non-compliance with sponsorship requirements
• is not based in the UK
•  is subject to a bankruptcy order or undertaking

While you are allowed to fill sponsorship management roles with HR staff provided by third-party organisations, at least one level 1 officer must be a full member of your staff.

You can also hire a UK-based legal representative to fill all the roles except that of the authorising officer. IAS lawyers are experts in immigration lawyers and can help you fill your sponsorship management roles to meet UKVI requirements. They’ll ensure strict compliance with sponsorship guidelines and prevent revoking your license.

You might be charged an additional fee when you assign a CoS to someone applying for a Skilled Worker or Senior/Specialist visa. It is known as an “immigration skills charge” and is mandatory if the applicant is coming from outside UK to work for six months or more or from inside the UK.

The amount you’ll pay depends on the size of your organisation and the duration of the worker’s employment using the state and end dates on the CoS.

For Small or Charitable Sponsors

First 12 months, you pay £384

And for each additional six months, you pay £182

For Medium or Large Sponsors

For the first 12 months, you pay £1000

And for each additional six months, you pay £500

You must pay the full charge at a go. UKVI will contact you if you fail to pay the charge or pay the wrong amount. Your employee’s visa application will be rejected if you do not pay within ten working days of notice. You will get a full refund if your employee’s visa application is denied or if it’s successful but they do not work for you.