The Power of Sponsorship – Enhancing your Workforce through Skilled Worker Sponsor Licence
Introduction:
In today’s globalized economy, businesses are constantly seeking talented professionals from around the world to fill key positions and drive innovation. However, hiring skilled workers from overseas can be a complex process that requires careful planning and adherence to immigration regulations in the United Kingdom. One crucial step in this journey is obtaining a Skilled Worker Sponsor Licence. In this article, we will explore the significance of this licence and offer valuable insight for employers seeking to secure top-tier talent from abroad or within the UK migrant workforce.
The Skilled Worker Sponsor Licence, formerly known as the Tier 2 Sponsor Licence, is an online platform provided by the UK Home Office to UK employers to enable them to sponsor skilled workers from the wider migrant workforce from within and outside the United Kingdom. This licence is a gateway to attracting and recruiting overseas talent, helping business bridge critical skill gaps and drive growth. The Skilled Worker Sponsor Licence is a crucial component of the UK’s Point Based System, which assess applicants based on specific criteria to determine their eligibility for employment in the country. The system aims to ensure that the UK attracts highly skilled individuals who contribute to the country’s economy and fill skill gaps in various sectors.
What Are The Advantages of A Skilled Worker Sponsor Licence?
Acquiring a Skilled Worker Sponsor Licence brings numerous advantages, enabling businesses to access a diverse talent pool with specialized skills and expertise that may not be readily accessible within the domestic workforce. This licence is not solely advantageous for employers but also creates valuable opportunities for skilled workers themselves. It grants them the ability to make substantial contributions to the UK job market, gain invaluable international work experience, and elevate their professional growth. With the sponsorship provided through this licence, skilled workers can secure employment with licensed UK employers, enjoying the stability of job security and the potential for advancing their careers.
Upon obtaining a Skilled Worker Sponsor Licence, employers gain the ability to sponsor skilled workers hailing from other countries. These sponsored workers can subsequently apply for a Skilled Worker Visa, which grants them the opportunity to reside and work in the United Kingdom for the designated period. Additionally, this visa route presents the possibility for individuals to establish long-term residency in the UK and apply for Indefinite Leave to Remain, solidifying their status in the country.
Essential Factors:
1) Genuine Need:
Employers must demonstrate a genuine need for the role they are sponsoring and prove that they have been unable to find suitable candidates within the UK. A robust business case should be prepared, outlining the reasons for hiring from overseas.
2) Sponsor Duties and Compliance:
Employers must be prepared to fulfil their obligation as sponsors, including record-keeping, reporting and complying with their sponsor duties imposed by the Home Office.
3) Documentation and Evidence:
A comprehensive application requires extensive supporting documents such as; job descriptions, employment contracts and evidence of meeting the minimum skills and salary threshold.
Sponsorship Duties and Compliance:
Being granted a Sponsor Licence in the United Kingdom comes with significant responsibilities for the Authorising Officer and the Company sponsoring the migrant worker. Compliance with their duties is of the utmost importance, ensuring that the sponsorship is managed ethically, transparently and within the guidelines set by the Home Office.
Companies or organisation’s as sponsors have various responsibilities, including maintaining accurate records, tracking and reporting employee activities and complying with Home Office guidelines. To comply with their sponsorship duties, Authorising Officer and Sponsors must:
- Adhere to the Immigration Rules and Regulations.
- Maintain proper records of sponsored employees, including right to work checks and personal details
- Notify the Home Office of any change to the sponsored worker’s employment such as; job roles, salary or working hours.
- Keep accurate and up to date records of the company’s processes, training , while monitoring sponsored employees compliance.
Authorising Officer:
The Authorising Officer holds a crucial position within the sponsoring company as they will be responsible for ensuring that the duties placed on the employer under the Sponsor Licence are met. The Authorising Officer has the overall management responsibility for the Sponsor License and the organisation’s compliance with the sponsor duties. They will be responsible for managing and overseeing the Sponsor Licence. The individual has the authority to assign
the Certificate of Sponsorship to sponsored workers, ensuring compliance with immigration policies and represent the Sponsor Management System.
Documentation and Evidence:
To apply for a Skilled Worker Sponsor License applicants must gather and submit various documents and evidence. It is important to ensure that all required documentation is properly compiled and organized as missing or incomplete submission can significantly delay the application process.
- Business Information – You must provide comprehensive details about your organisation including its structure and size. You must also provide you VAT Registration Certificate and your Company Organisational Chart which would entail necessary details and an overview of your companies structure.
- Financial Information- You must provide your most recent bank statements, company accounts including profit and loss statements and balance sheets.
- HR Systems and Practices – You must be able to demonstrate that your organisation has suitable HR Systems in place to meet your responsibilities as a sponsor. This may involve providing relevant policies, procedures and supporting documentation.
- HR Process Guidance – you must be able to show that you have diligently followed the guidelines for managing sponsored workers, including record-keeping right to work checks and reporting duties.
- Appointment of key personnel – you will need to designate key personnels within your organisation who will act as your representative, responsible for managing your sponsorship activities and liaising with the Home Office. These will include; Authorising Officer, Key Contact, and Level 1 user.
It is essential to note that the list is not an exhaustive list and can vary depending on the nature and circumstances of each company. Non-compliance can lead to penalties, revocation of the licence and reputational damage. Therefore it is important to seek specialist and relevant legal advice before submitting an application to the Home Office.
Why Engage a Law Firm for Skilled Worker Sponsor Licence Application?
Obtaining a Skilled Worker Sponsor Licence requires a meticulous and comprehensive approach. While it is possible for employers to apply independently, partnering with our knowledgeable and experienced lawyers can significantly streamline the process and increase the chances of success.
How We, At KTS Legal Solicitors Can Assist
Navigating the process of obtaining a Skilled Worker Sponsor Licence can be complex and time consuming. KTS Legal Solicitors & Advocates are experienced commercial immigration solicitors who can assist businesses in every step of the application process ensuring a smooth and successful outcome.
- Assessing Eligibility – Our knowledgeable experts will thoroughly evaluate your businesses eligibility for a Sponsor Licence and provide you with an overview of the process.
- Document Compilation – We will guide you in assembling the required documentation and evidence, ensuring accuracy and completeness to minimize any potential delays.
- Applications Submission – Our team will draft and submit a meticulously prepared application on your behalf.
- Compliance Management – We will advise and assist you in maintaining compliance with Home Office guidelines throughout the entirety of your sponsorship journey, mitigating risks and preventing unnecessary penalties.
- Ongoing Support – We understand the importance in maintaining your Sponsor Licence after the grant of your licence and will provide continuous advice and guidance to navigate any changes or challenges that may raise.
