How to Apply for a Sponsor Licence When Hiring a Foreign Worker

When employing a foreign worker for a paid or unpaid position, you must follow UK rules and procedures. Moreover, to ensure job applicants can come to the UK, your organisation or business might need to sponsor them. Therefore, you will need a sponsor licence from the Home Office. A sponsor licence will enable you to reach a wider talent pool for your business and put you in a position to give foreign workers a job offer.

This article will:

• define foreign workers;
• define sponsor licence; and
• explain the application process for a sponsor licence. 

What is a Foreign Worker?

A foreign worker is a person who is not a UK citizen but carries out work in the UK. They will not always intend on settling within the UK. Instead, they may be in the UK for a limited period as a temporary worker, specifically to work in the country. A foreign worker can also be known as a migrant worker.

What is a Sponsor Licence?

Holding a sponsor licence allows you to sponsor a migrant worker. Sponsorship means that the person can come to the UK and work as a foreign worker. Your potential job applicant cannot apply to come to the UK or stay in the UK to work until your organisation or business sponsors them. Consequently, they cannot be sponsored unless you hold a licence. Sponsorship shows that:

• the foreign worker has a job to fill in England or Wales that a home citizen cannot carry out; and 
• you are content with your duties associated with sponsoring them.

Applying for a Sponsor Licence

If you decide to apply for a sponsor licence, this is how to go about it.

Determine Whether Your Business Meets Eligibility Criteria

You can only apply for a sponsor licence if your business meets the eligibility criteria. To meet the eligibility criteria, you must:

• not have had a licence that has been revoked in the past 12 months; 
• not have any unspent criminal convictions for immigration crimes or other specific crimes such as fraud;
• have sponsor management systems in your business that monitor those employees you plan to sponsor; and
• have people ready in your business who will manage the sponsorship your business takes on before you physically apply for a sponsor licence.

Check if The Job You Wish to Fill is Suitable For Sponsorship

The job role you wish to fill must have a suitable skill and pay level, and fulfil the criteria the foreign worker needs to obtain a visa. Different types of jobs will require different levels and criteria. Likewise, some roles, such as religious jobs, creative jobs and those for international sportspeople, have additional requirements.

Choose The Type Of Sponsor Licence You Require

There are two types of sponsorship licences: ‘workers’ and ‘temporary workers’. It is up to your business’ needs whether you apply for both. If you need skilled or long-term employees, apply for a workers’ licence. You can adjust their visas according to whether you need them for a short-term, long-term or permanent timeframe.

However, if you require workers temporarily or require them for volunteering or job shadowing roles, apply for a temporary workers’ licence. However, these licences are only available for specific types of employment and certain visas. For example, creative workers, charity workers, or religious workers.

Apply For Your Licence And Pay The Required Fee.

Applying for your licence and paying the required fee is an online process through the government website.

Key Takeaways

Employing foreign workers will usually require sponsorship, meaning you need a sponsor licence. First, however, it is important to ensure your role is suitable for sponsorship. Next, to obtain a licence, you must meet the required criteria, such as not having specific unspent criminal convictions and having systems set up that allow you to monitor foreign workers. Additionally, you should know which licence is suitable for the role or roles you wish to fill.

If you need help applying for a sponsor licence when employing foreign workers in the UK, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.

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