If you are looking for advice on how to employ an immigrant, or need guidance on another area of immigration employment law.
We are one of the leading business immigration solicitors for employers in Yorkshire. Our team of experienced specialists has advised businesses across the UK on a number of issues, including the obligations and requirements of sponsor licensing, which allows businesses to recruit non-EEA candidates.
To speak to a solicitor about an immigration law issue, or for help sponsoring a foreign worker, call our Leeds, Sheffield or York office today by calling us on 0333 323 5292 or filling in our enquiry form to request a callback.
About the Points-Based System
The UK presently operates a Point-Based System (PBS), which applies to a range of individuals, including highly-skilled migrants, investors, entrepreneurs and people who are being sponsored by their employer. The system is made up of five tiers:
- Tier 1 is for highly skilled migrants, such as investors, entrepreneurs and people identified as having exceptional talent in their field
- Tier 2 is for skilled workers with a job offer in the UK, including sportspeople, religious professionals, people who have experience in a job where there is a shortage of UK workers and people transferred to a locale in the UK
- Tier 4 is for students who wish to study in the UK
- Tier 5 is for temporary workers
To qualify for a visa via the PBS, an applicant will be judged on their attributes, maintenance and English language ability.
Applying for a Sponsor Licence
Employers are required to apply for a sponsor licence if they wish to recruit non-EEA (European Economic Area) workers. A licence lasts four years and must be renewed before expiry. Failure to obtain a sponsor licence or renew an existing licence can lead to civil penalties for your and your business, including up to five years imprisonment, a fine of up to £20,000 for each illegal worker or both, in addition to criminal sanctions.
To be considered for a sponsor licence, a business must:
- Operate legitimately and lawfully in the UK
- Conduct a resident labour market test and fail to recruit from the resident market
- Ensure procedures are in place to monitor sponsored employees
- Provide genuine employment with a proper wage
- Have not been rejected for previous sponsorship applications
If you are unsure about whether or not you will be accepted for a sponsor licence, get in touch with the employment law team at Lupton Fawcett and we can advise you on the best course of action to take when applying.
When your business has been deemed eligible, our solicitors will assist you through the application process, ensuring you comply with Home Office legislation at every stage.
Maintaining a Sponsor Licence
Businesses with a sponsor licence are required to fulfil certain duties. The most important of which is informing UK Visas and Immigration (UKVI) of any of the following:
- A sponsored worker not turning up for the first day of work or is absent without permission
- A sponsored worker resigning or being dismissed from your company
- You stop sponsoring a worker
- Any changes to a sponsored worker’s circumstances
- You suspect the sponsored worker is involved in criminal activity
We can provide guidance on carrying out your sponsor licensing duties so you avoid being sanctioned.
How We Can Help
We have helped many businesses from all types of sectors apply for and maintain sponsor licences. Our team can provide assistance with:
- Understanding sponsor licence processes, including completing an application and providing the relevant information and evidence required by the Home Office
- Making a successful reapplication following the rejection of a sponsor licence
- Complying with the duties a business is required to fulfil
- Avoiding civil penalties when something goes wrong
We are able to provide a quick and efficient service to businesses across Yorkshire and beyond, and our solicitors will be on hand to help with any questions or queries you may have.
Talk To Us
To speak to one of our lawyers about sponsoring an immigration or any other aspect of immigration law, call our Leeds, Sheffield or York office today by using the details below.
Get in Touch
With Lupton Fawcett on your side, you're taking control. Contact us today.