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Applying for a Sponsorship Licence

In order to sponsor skilled migrants, employers must have a sponsorship licence granted by the Home Office.

If you are a company or employer, Kilby Solicitors’ can advise on, and guide you through, the sponsorship licence application process.

What must I show, as an employer, to obtain a sponsor licence?

The process of obtaining a sponsorship licence is often described as a ‘privilege and not a right’. The concept is essentially one of self-policing and the Home Office often cite the fact that they are placing significant “trust” in businesses holding a licence to work together with the authorities to maintain effective immigration control.

There are a number of requirements that an employer, must satisfy before they can be granted a licence. Employers will be required to send all relevant documentation to prove they satisfy the following requirements:

You are a genuinely trading entity with operations based in the UK and are acting lawfully, this includes ensuring that all of your non-EEA workers are appropriately documented and have the right to work in the UK;

  • Your leading personnel – e.g. board members, CEO, etc. – are honest, dependable and reliable;
  • You have no previous history of immigration non-compliance or any relevant criminal convictions.
  • You have effective human resource procedures and recruitment practises in place to meet your sponsorship duties; and, finally,
  • You are offering employment that is considered genuine and is in accordance with the terms of the Tier 2 skill levels and rates of pay.

Once the Home Office have received the relevant evidence, they will decide whether to grant a licence. However, it is possible that they could subject you to a compliance visit whilst the application is pending. A site visit usually involves the Home Office attending your premises and assessing whether or not to grant the licence.

My Sponsorship Licence Application has been refused what can I do?

If your application is refused due to a simple case working error on the basis that supporting documents provided were not considered, it is possible to submit an “Error Correction” request for the application to be reconsidered.

If it has been refused for other reasons such as a failure to meet sponsorship requirements , you will be subject to a “cooling off” period and will only be able to apply after six months have passed, following the decision.

If you were unable to submit further documents due to circumstances outside your control you may be able to resubmit your application immediately without waiting for six months

If your sponsor licence application has been refused please contact us for further information on today on +44(0)2030110591 or e-mail us at info@kilbysolicitors.com