Sponsor Licences and Sponsoring Non-EU Nationals
If you want to employ a non-EU national as a skilled worker then (unless the person has a pre-existing visa permitting work) you will need to sponsor them. Before doing this, you will need to have a sponsor licence in place.
For employers, the process of applying for, and then managing, your sponsor licence is not straightforward.
In order to make a successful sponsor licence application you will need to understand the precise documentation and information required of you, something which is not immediately obvious from the Home Office guidance. Rejections and refusals of sponsor licence applications are common.
Furthermore, when you apply for a licence you confirm you agree to the extensive sponsor duties and responsibilities attached to the licence. This means being familiar with the various Home Office guidance documents (the main document is over 200 pages long).
Many sponsored positions will require you to undertake something called a Resident Labour Market Test, in order to show that no suitable ‘settled worker’ can do the job. The Resident Labour Market Test must be carried out in a highly prescriptive manner and you must retain certain documents to evidence the test.
Failure to comply with your sponsor duties will lead to enforcement by the Home Office and a range of possible sanctions. This includes having your licence revoked with the effect that any sponsored migrant has their visa ‘curtailed’ (cancelled), terminating their employment and usually forcing the migrant to return to their home country.
Support for Your Licence
The Immigration Team at Truth Legal is highly experienced in helping you to navigate this tricky area. We can support you by:
- Helping you to apply for your licence
- Reviewing your HR systems to ensure they are compliant
- Helping the migrant to obtain their visa
- Offering training in respect of sponsor duties and Right to Work
- Helping you to prepare for a Home Office inspection
- Challenging any enforcement action by the Home Office
Find out more about a Tier 2 Sponsor Licence.
At Truth Legal we have Immigration solicitor Louis MacWilliam who heads up our Immigration Team. With over 11 years’ experience as a dedicated Immigration specialist, Louis is one of the few genuine immigration experts in the area.
Do you need help with applying for a licence or dealing with sponsorship matters? Book a consultation with us today.