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Skilled Worker sponsor licence requirements 2023
To avoid any delay or refusal, you must meet all the skilled worker sponsor licence requirements 2023 for a successful outcome.
We are a law firm regulated and authorised by the Office of the Immigration Services Commissioner (OISC).
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What are the skilled worker sponsor licence requirements?
When making an application for a skilled worker sponsor licence, you will need to submit all the documents and must meet the following requirements for a positive outcome.
If you do not meet all the skilled worker sponsor licence requirements, your application will be refused.
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General requirements for skilled worker sponsor licence
If you wish to sponsor a Skilled Worker, you must hold a valid sponsor licence for the Skilled Worker route. If you do not already hold such a licence, you must apply for one by completing the online application form, paying the relevant application fee, and submitting the supporting evidence specified in Appendix A to the sponsor guidance.
You can book an appointment with our sponsor licence specialist to discuss skilled worker sponsor licence requirements.
Specific requirements for a Skilled Worker licence
In addition to the general requirements for a sponsor licence set out in Part 1: Apply for a licence, to be eligible for a Skilled Worker sponsor
licence, you must be able to offer employment that:
- meets the skill level and salary requirements for this route
- is genuine
- does not amount to the hiring of the worker to a third party to undertake an ongoing or routine role
As the sponsor, you will normally be the employer and therefore responsible for paying the sponsored worker.
Genuine Employer/Organisation
To apply for a skilled worker sponsor licence, you must be a genuine employer based in the UK. You must be able to demonstrate that you are genuinely operating in the UK.
In order to apply for a Skilled Worker sponsor licence, the potential company sponsor must complete an online application form
Genuine Employment / Genuine Vacancy
Is the role on offer a genuine position, requiring the jobholder to perform duties and responsibilities compliant with the required skill level for a salary at or above the relevant threshold?
If the vacancy is not genuine, the application is likely to be refused or rejected.
Working for a third party
You must not assign a CoS to a worker for a role which amounts to
either:
- the hire of the applicant to a third party who is not the sponsor to fill a position with that party, whether temporary or permanent; or
- contract work to undertake an ongoing routine role or to provide an ongoing routine service for a third party who is not the sponsor, regardless of the nature or length of any arrangement between the sponsor and the third party
In order to apply for a Skilled Worker sponsor licence, the potential company sponsor must complete an online application form
Robust system requirement
For a successful sponsor licence application, the Home Office requires an employer to have a robust system / HR system in place:
- to ensure employees’ details are kept up-to-date;
- to monitor visa expiry dates;
- to keep details of employees’ absences
- to maintain and follow correct procedure of right to work check
- to keep the copies of employees’ passport, visa, proof of address, contract and right to work check
Our immigration lawyers can setup a robust system for your organisation.
Compliance visit of the Home Office
After the submission of your skilled worker sponsor licence application to the Home Office, you could expect a compliance visit from the Home Office. Our compliance specialist immigration lawyers and solicitors can prepare you for the compliance visit and with the prospective questions and answers.
Skilled Worker Sponsor Licence Requirements FAQs
If I don’t comply with my duties, what happens?
If the Home Office finds that you have not complied with your duties as a Sponsor, your Licence can be suspended or revoked which will result in your Skilled Worker employee losing their job.
How long will the Home Office take to decide on the Application?
After you submit the Application and provide the Home Office with your supporting documents, it can take on average up to 6-8 weeks for a decision. This is the average time which means from time to time, decisions can be made quicker or later.
