Becoming a Licensed Sponsor

The UKVI uses a scoring system to assess applications for a Sponsors Licence; any employers whose scores are not satisfactory to achieve an A-rating will be refused a Licence.

If, after a Licence has been granted, UKVI decide that your conduct or systems have been unsatisfactory, your Licence may be down-graded to a lower B-rating or the licence may be suspended or revoked.

B-rated sponsors cannot apply for or assign restricted CoS to employ new migrants, until they satisfy UKVI that their Licence should be up-graded to an A-rating.

Sponsor licences must be renewed every four years.

Sponsor’s Duties

Record keeping

A PBS sponsor has to maintain personnel records and robust HR systems. These must be available for inspection by UKVI at short notice. Documents that must be retained are listed in Appendix D of the sponsorship policy guidance.

Monitoring immigration status and preventing illegal employment

Sponsors must comply with legislation preventing illegal working. Before an individual starts work, an employer should conduct a “right to work” check to determine if they are entitled to take up the work on offer. This three-step check involves:

1. Obtaining the individual’s original documents;
2. Checking the documents in the presence of the holder (to verify the photo, name, date of birth, expiry of visa and correct authorisation); and
3. Making and retaining clear copies of the documents and a record of the date the check was made.

Maintaining migrant details

Employers must keep a record of full current contact details for the migrant (including address, phone number and mobile phone number). The employer must also maintain a history of the migrant’s contact details

Migrant tracking, monitoring and reporting

The employer must report to UKVI within ten working days (using the SMS) if any of the following occur:

• The migrant does not turn up for their first day of work (or the start date as stated on the CoS changes) and provide the reason given for their non-attendance.
• The migrant’s contract of employment is terminated (through resignation, dismissal or reassignment overseas).
• The sponsorship stops for any other reason.
• There are changes in the sponsored migrant’s circumstances such as:
  • a promotion;
  • a change in job title or core duties;
  • a change of salary; or
  • a change of place of work.
• There are any suspicions the migrant may be in breach of conditions of leave.
• There is a reduction in salary for more than one month owing to paternity leave, maternity leave, adoption leave or long-term sick leave.
• If a sponsored migrant’s employment is affected by TUPE or a similar provision.

If the migrant is absent for more than ten consecutive working days without permission, this must be reported within ten working days of the tenth day of absence.

It is advisable for employers to seek compliance from the employee by inserting relevant reporting obligations into the employment contract.

Recruitment practices and professional accreditations

The employer’s recruitment practices must comply with all relevant areas of the law. The employer must:

• Only employ migrant workers who are appropriately qualified or registered to do the job and:
  • check their professional accreditations before the employee begins work;
  • retain copies of the professional accreditations;
  • monitor any expiry dates and check that renewals are completed as appropriate; and
  • ensure copies of the documents are available to UKVI.
• Only assign a CoS where there is a genuine vacancy, and only assign a CoS to migrants who meet the requirements of the relevant tier.
• Comply with UK employment law (for example, the national minimum wage).
• Comply with other relevant legal provisions such as:
  • data protection;
  • having employer’s liability insurance in place;
  • holding suitable planning permission to run the type or class of business at the employer’s place of business; and
  • where the employer is engaged in a business that is regulated, such as a food business, having the appropriate registration or approval to operate as such.