Licence Application and Management
Table of Content
Only one AO can be appointed at any one time and it is essential to always have an AO in place. Another important consideration when preparing your application will be who to appoint as your ‘key personnel’. In effect, the applicable threshold will depend on the job role and whether the worker is classed as a new entrant or an experienced worker. The skill level is notably lower under the new system; a move intended to ease the transition from the end of EU free movement by allowing a greater number of roles to qualify for the route.
The Home Office relies on the sponsorship regime to prevent illegal working and misuse of the immigration system. EU nationals already resident in the UK on 31st December 2020 will not need to be sponsored. They should instead have registered under the EU Settlement Scheme by 30 June 2021 to maintain their lawful status. Business activities must be confined within the flat and should not cause disamenities to your neighbours. We check your identity and your eligibility for the role, so we ask to see three forms of identification. Your application will be scored by us to determine whether you will be invited to the next stage or not.
New entrant transition into experienced worker
The organisation will need to renew the licence prior to the expiry date in order to continue to act as a sponsor. The renewal application itself is relatively straightforward, requiring the AO to make the request and pay the fee through the SMS. However, the overall renewal process is, in many ways, more challenging than the initial application process. The sponsor licence duties are an ongoing concern for licence holders. A single sponsor licence that covers the head office and all branches in the UK. As such, employers are advised to prepare their supporting documentation pack in advance of completing the form and the clock starting on the 5-day deadline.
If you can present convincing business reasons as to why you need a licence and a particular role, the application will meet the genuineness test. The Home Office will want to see the reasons why you require a sponsor licence and a foreign national for the vacancy. 20 January 2021 Updated controlled substance domestic application & case processing guidance to January 2021 edition. More information about the application process and fees is also available. In most cases, we only accept applications through the Civil Service Jobs website, and all applications must be made online unless you have a disability that prevents you from applying by that route .
Sponsor licence guidance
By agreeing to become a sponsor licence holder, you are assuming certain compliance responsibilities and in doing so, exposing your organisation to Home Office scrutiny. You need a sponsor licence to employ most types of workers from outside the UK, including Skilled Visa workers. The document gives guidance on how to register online and complete the application process. To enable us to complete a security check, you should normally have been resident in the United Kingdom for the last three years if the role requires CTC clearance, five years for SC clearance and 10 years for DV.
Tenants of HDB flats to operate small-scale offices in their homes, subject to the prevailing conditions of use. Visit GOV.UK for more information about the different types of security checks. If you follow these tips, it will help us complete your checks more quickly and you can move closer to starting your new job with us.
How long is a sponsor licence valid for?
Prior to the 2020 spring lockdown, this sheet had to be printed off, signed by the AO and submitted with the supporting documents bundle. Failure to assign the correct type of CoS is in breach of the guidelines and can result in penalties against you. For example, sponsors are not permitted to assign an undefined CoS where a defined CoS is required, or a defined CoS to a worker for any job other than the one detailed in the CoS application. Sponsored employers cannot act as Level 1 users with the ability to assign Certificates of Sponsorship to sponsored employees. The sponsor must always have a minimum of one employee who is a “settled worker” i.e. a worker who is not subject to immigration control and therefore does not have restriction on their stay in the UK). The Authorising Officer should be an individual in a senior position in the organisation with responsibility for recruitment and/or HR.
Sponsors will need to understand the difference between the two types and ensure they assign the correct one relevant to the worker. Sponsored visa applicants need the Certificate of Sponsorship to make their visa application. Similar to level 1 users, level 2 users are appointed to carry out administrative tasks on the licence, albeit with fewer permissions than level 2 users.
The guaranteed salary if the job were vacant at the date of the sponsor licence application. The key personnel must be nominated within the licence application form. Employment contracts should also be retained for all sponsored workers. Employers should note that the Home Office may review contract terms to ensure they are consistent with the details on the Certificate of Sponsorship assigned in relation to salary and job role. The visa applicant may also be subject to additional scrutiny where it is suspected that a vacancy is not genuine.
Appendix A comprises a number of tables which the employer must work through to determine which documents must accompany their application. The guidelines are, however, confusing and it can be difficult for employers to understand what relates to their specific application. It is possible to appoint a legal representative as the key contact, and in many cases, this may be a practical solution to enable the legal representative to have direct contact with the Home Office about the application.
This is a really important part of keeping the process fair for everyone. You will receive an automatically generated feedback report that will help you to understand how well you performed. It will also provide some general suggestions as to how you could have improved your score.
The Home Office may request additional information to verify the specific nature of the role and its duties and to confirm that the role actually exists. Exaggerated job descriptions to meet the skill level requirements are likely to raise suspicions that the vacancy is not genuine. While the majority of the guidance will also apply to other types of licence, there are specific requirements under each licence. This will require extensive preparation to collate evidence, identify a correction plan within the timeframe.
The following guidance will outline how each of these criteria can be demonstrated to ensure you maximise the opportunity to be granted a licence. Each application will be assessed against eligibility and suitability criteria. Most sponsors will be A-rated but if the Home Office assesses your organisation as posing a risk to recruiting illegal migrants you may be awarded or downgraded to a B-rating. If you receive a B-rating, you will also receive a time-oriented action plan outlining what you must do to regain an A-rating. The license will last for a period of 4 years and if you wish to continue the employment of the migrant then the licence must be renewed before the expiry date in order to continue as sponsor. The responsibility to renew this remains in the hands of the sponsor.
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