Understanding Sponsorship
Applying for a sponsor licence is not a simple process. It involves more than just filling out an online application form, paying the required fee, and submitting the application.
There are specific rules that must be satisfied to obtain the licence.
1: Sponsorship is a Privilege, Not a Right
Your licence can be suspended or revoked if you do not comply with your sponsor duties.
2: Employment of Qualified Overseas Nationals
You can only employ and sponsor overseas nationals who meet the qualifications, skills, and experience requirements of the vacancies you are trying to fill. If you do not follow a robust recruitment process and do not have an effective HR system in place, your licence can be suspended or revoked.
Applying for a Sponsor Licence
To apply for a sponsor licence, you must complete the online application form, submit the supporting documents, and pay the correct application fee.
There are four key things you must evidence in your application:
You are a Genuine Organization Operating Lawfully in the UK
To evidence this, you must submit the correct documents to support your application. For example, if you want to sponsor 50 carers, you must evidence that your organization has the financial capacity to pay the wages of these workers.
You are Honest, Dependable, and Reliable
The Home Office runs standard checks with the police, credit reference agencies, Companies House, and other government agencies to assess your history and background. They also check the same for the key personnel named in your application and any people involved in your day-to-day running.
You are Capable of Carrying Out Your Sponsor Duties
The Home Office judges this by looking at your current human resources and recruitment practices to ensure you can fulfill your sponsor duties. They may visit you before the licence is granted.
You Must Meet Any Relevant Route-Specific Requirements
For example, if you are applying under the Skilled Worker route, you must be able to show that you have genuine employment which meets the skill level and any salary requirements of the route.
Expert Tips
Tip 1: Be Prepared for Compliance Visits
The Home Office takes compliance seriously. If your sponsor licence is revoked, you cannot continue employing your sponsored migrants. Therefore, it’s crucial to understand your sponsor duties and always remain compliant.
Tip 2: Provide Comprehensive and Legally Sound Submissions
The more comprehensive and legally sound your submissions are, the quicker the Home Office decides on the applications. Leave no gaps of ambiguity as to the organization’s suitability.
Tip 3: Understand the Specific Requirements of the Route You’re Applying Under
You cannot employ and sponsor an applicant on a job not on the eligible occupation code list. For example, the care assistant job (SOC code 6145) was added to the eligible list in February 2022, allowing care providers to sponsor carers from overseas under this code.
The requirement is that you must pay an hourly rate of at least £10.10. If you offer a lower rate, your sponsor licence application will be rejected.
Tip 4: Act Quickly
The Home Office reviews the list of eligible occupation codes every six months and may remove certain codes. Therefore, it’s advisable to recruit while you can.
The Role of the Home Office Compliance Officer
The Home Office Compliance Officer does not make decisions on your sponsor licence application. Instead, they prepare a report after a visit, which is sent to a caseworker in Sheffield.
The caseworker then considers all the information submitted in the online form, along with the security checks, submission sheet, covering letter, and report. This process can take up to two weeks.
Common Reasons for Rejection
Approximately 96% of sponsor licence applications are rejected due to human resource and recruitment systems and practices that do not demonstrate a capability to meet sponsor duties.
For example, a domestic care business based in Milton Keynes had their sponsor licence application rejected because they failed to evidence right to work documents of their current staff, could not show effective systems to monitor migrants’ status or keep migrants’ contact details updated, and the salary offered did not meet the rate under the correct occupation code.
How to Improve Your Chances of Success
To increase your chances of obtaining a sponsor licence, it’s crucial to correct any issues identified in the refusal letter.
This may involve creating new HR systems and recruitment processes that meet the Home Office requirements, undertaking a compliance audit, preparing the employer for any interviews, and providing further information requested by the Compliance Officer after the audit.
Conclusion
The challenges within the healthcare sector after Brexit and the pandemic have made international recruitment a necessity. To rebuild your care team and meet the care demands of your clients, obtaining a sponsor licence is essential.
By understanding the process and avoiding common mistakes, you can increase your chances of getting it right the first time.
