If you want to employ someone to work for you from outside the UK then you’ll usually need
a Sponsorship Licence. This includes unpaid work, such as running a charity. It is important to note that sponsoring someone does not guarantee that they’ll get a visa to work for you in the UK.
Who’s included?
Citizens of the EU, Iceland, Liechtenstein, Norway and Switzerland who arrived in the UK after 31 December 2020. All those from outside and inside the UK who satisfy the requirements of the UK immigration rules.
Who’s not included?
You will not need a licence to sponsor certain groups, for example:
Irish citizens
those with settled or pre-settled status under the EU Settlement Scheme
those with indefinite leave to remain in the UK
What jobs does this cover?
You can sponsor a worker if the job they’re going to do:
complies with the UK minimum wage and working time regulations - the worker’s visa may be refused and you may lose your sponsor licence if it does not
meets the other criteria needed for their visa
What happens if circumstances change?
Sponsor licence holders have a duty to play their part in ensuring the immigration system is not abused, and to report to the UK Home Office if there is a change of circumstances regarding their businesses or employees.
More specifically, this means that the employer MUST report:
any change to the Authorising Officer (AO) or Key Contact (KC) any amendment to the current AO’s or KC’s details
any amendment to the details of the sponsor organisation, such as its name or the name of any branches, address, contact details or head office details
any changes to the structure of the sponsor organisation, such as more branches or sites, new linked entities in the UK, or overseas, if licensed on a Global Business Mobility route
a change in the status of any registration or accreditation the sponsor is legally required to hold to operate or trade in the UK, or which it is required to hold for sponsor licensing purposes, for example, charitable status on the Charity Worker route
if the sponsor organisation stops trading or goes into an insolvency procedure
if the sponsor organisation is subject to a merger, takeover or similar change
if the owner, director, any key personnel, or anyone involved in the day-to-day running of the sponsor organisation, is convicted of a relevant criminal offence
any change to the size or charitable status of the organisation as the sponsor of migrant workers on any one of the ‘Worker’ routes
any other changes to the sponsor licence, including where the nature of the business substantially changes, adding or removing a representative, or surrendering the licence.
What if there is a change in the employee’s circumstances?
You must notify the UK Home Office if sponsored employees:
Leave their place of work for reasons such as resignation, dismissal, or UK licence registration required for work expires.
Are no longer sponsored. This may happen if they have switched to an immigration route that does not require sponsorship.
Are absent from work without permission for more than 10 consecutive days.
Receive a change of pay, a promotion, or a change in their core duties.
Do not show up on their first day of work, including whatever reason they gave for non-attendance.
Appear to have breached the conditions of their leave.
Are absent from work without pay for 4 weeks for exceptions that are not permitted in the sponsor guidance.
How do you report changes in circumstances?
Most changes about sponsored workers can be reported via the Sponsorship Management System (SMS). In some instances, the employer will instead need to complete a ‘sponsor change of circumstances form.’ If in doubt, please contact us (see foot of article for contact details).
The process can be quite complicated. There are several SMS manuals available online (see Manual 1 here and Manual 2 here). The procedures you have to follow can be complex and confusing, so please contact us for assistance. There are penalties for failing to report a change of circumstances, so it’s better to be safe than sorry!
Rodriguez Immigration Services are specialist UK business immigration and sponsorship lawyers and fluent in English, Spanish and Italian. We support sponsor licence holders with all aspects of their immigration compliance duties, including guidance on reporting changes of circumstances, how to prepare for a compliance visit and what you must do if your sponsor licence is downgraded, revoked or suspended, please contact us at: Tel: +44 07458 366159 - or email us at: info@rodriguezlaw.co.uk
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