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Obtaining a sponsor licence is the first realistic step most businesses will need to take to recruit skilled workers from abroad for work in the UK. While relatively simple, the application requires exhaustive attention to detail and adherence to certain guidelines. The following discourse presents major steps and considerations in securing a sponsor licence and how to obtain professional legal advice in going through this complex process.
Understanding the Sponsor Licence Application
A Sponsor license is required if a UK business wishes to recruit foreign talent in any manner that would require them to obtain a certificate of sponsorship to the UK. This licence will prove an employer to be a genuine business, capable of fulfilling its obligations and responsibilities as a sponsor. The application process comprises a few pivotal steps, from determining eligibility at the very start to preparing relevant documentation.
Eligibility Criteria
The sponsor licence application can only be processed after the business has checked its eligibility. This means checking if the organisation is genuine and legally operating in the UK. Evidence for this will include bank statements, business certificates of registration, and proof of ongoing business. It must also indicate that, as a business, it is in a position to maintain some systems in which the sponsored employees will be monitored.
Application Process
The process is initiated by the applicant through an online application form, after which the appropriate fee is paid. It is always essential to ensure that the information provided to them is accurate and complete. After submitting it online, one is required to post supporting documents to the Home Office within five working days. Documents required in support include:
1. Evidence of business registration.
2. Business bank account evidence
3. Evidence of PAYE registration
4. Proof of professional accreditations where necessary.
Another important part of the application is appointing the key personnel responsible for the sponsorship duties. This would pertain to the authorising officer, key contact, and Level 1 User. Each has varied responsibilities, such as liaison with the Home Office and record-keeping for sponsored employees.
Compliance and Duties
If a sponsor licence is granted, the business should comply with various ongoing obligations to maintain its status. This includes the monitoring and maintenance of records concerning the immigration status of employees and making reports on any change within the sponsored employee's employment status. Non-compliance puts him/her at risk of being punished, suspended, or even stripped of his sponsor's licence.
Another critical consideration in compliance would be the certificate of sponsorship (CoS) in the UK. This would critically be required to be presented by the sponsored employee in their application for a visa. The certificate describes the job and needs to contain the confirmation that the role meets the required skill threshold and minimum threshold salary. The information to be written on the certificate must be sound and current, and employers have to ensure that it is.
Why Seek Legal Counsel?
The process of obtaining a sponsor license can be overwhelming, at best, due to the associated rules and regulations. Professional legal advice, such as that offered by A Y & J Solicitors, is highly valued in guiding a person through the process. Such expertise ensures the application is complete and accurate, reducing the potential risk of delay or refusal. They can also set up robust compliance systems that will enable the maintenance of the sponsor license once granted.
A & Y Solicitors is a UK business immigration services specialist and offers comprehensive support with applications for sponsor licences. They help firms prepare and submit applications, let them organise the paperwork, and advise on compliance with ongoing duties. The team of experienced lawyers keeps updated on all the latest immigration rules and policies and ensures that clients get the most updated and practical advice.
Conclusion
A sponsor licence thus becomes imperative for businesses in the UK intending to invite and employ a highly skilled workforce from all over the world. An application for a sponsor licence requires careful preparation and presentation. Professional legal advice is very important, given the intricacies and high stakes. A Y & J Solicitors provides specific services to assist any business in applying through the process while adhering to the requirements of the relevant law to improve its prospects of getting the same approved. By partnering with seasoned legal counsel, businesses can focus on growth and expansion of the business in knowing skilled workers can legally—and effectively—be employed worldwide.