The UK ends its transitional agreements with the EU at the close of 2020. Currently the UK has very stringent systems and criteria for employing international workers, with only highly skilled workers permitted to enter. This is because we are able to supplement the domestic workforce with EU nationals, who do not need special permission to work here. This is changing.
From January 2021, new EU nationals arriving in the UK will be treated exactly the same as international workers. This means that more employers are going to need sponsor licenses in order to employ them. Employers will also be able to employ those considered ‘lower skilled’ and some restrictions, like limitations on the number of workers allowed to enter every month, will be abolished.
It is best to get started as soon as possible with your sponsor license application. If you feel unsure, our Liverpool based immigration solicitors can help to make the process as stress-free as possible and will give you specific advice based on your business circumstances.
Call our team on 0151 282 1700 to safeguard your business and prepare for Brexit today.
Who can employ international workers?
Some migrants in the UK have permission to work on their visas and can freely access the labour market. However, if you want to recruit a specific worker (i.e. from overseas or a student coming to the end of their course), you will need a sponsor license. This is digital permission from the Home Office to confirm that you are able to hire international workers.
What businesses need a Sponsor License?
If you employ, or are planning on employing, workers from outside of the UK you will need a sponsor license.
In the past, you only needed one if you were hiring people into roles considered highly-skilled (RQF level 6 or above) or in some specialist industries. Moving forward, sponsor licenses can be used for people from RQF level 3, meaning many more international workers can now be sponsored.
As many businesses will no longer be able to depend on recruiting EU migrants, we advise that business owners/managers obtain sponsor licenses to keep up with staffing needs.
Remember, the changes come into place at the close of 2020, so it is a good idea to start looking at getting a sponsor license as soon as possible.
Once obtained, a sponsor license is valid for four years before it needs renewing.
What evidence will I need?
This will vary from business to business. The Home Office will want to know a number of things:
- Do you have proper HR procedures in place and staff responsible for updating and maintaining your sponsor license?
- Evidence about how your business is organised and information about why you need to employ foreign workers.
- Proof of recent annual accounts, any licenses your business needs to operate etc.
The documents vary depending on business type and size, so asking for expert advice can ensure you prepare the best application for your business.
In some cases, the Home Office will make unannounced compliance visits to check that your business premises and procedures are as described – so you want everything organised before applying!
What happens when I get my Sponsor License?
You then need to apply to the Home Office for an allocation of Certificates of Sponsorship (CoS). Each certificate represents a worker that you are allowed to employ. When you apply to assign a certificate to a candidate, the Home Office will need information on how the candidate was recruited and their suitability for the role.
Once a certificate is assigned, the candidate will need to make a straightforward application to the Home Office themselves. After this, they can work for you in the UK!
Is that it?
Not quite. As a sponsor, it is your duty to keep impeccable and up-to-date records of your employees. If you fail to do so there can be civil and criminal implications.
- You need to ensure they are being paid correctly.
- The employee must be working at the premises approved by the Home Office.
- Any major changes to job duties, income or unapproved absences must be reported.
If the Home Office believe that an employer has breached their license, they can:
- Make them pay a significant amount for an action plan to remedy any issues
- Revoke the license, commencing a long ban before they can apply for a new license
If this happens, all sponsored workers for that company will have their leave revoked. It is crucial to get this right.
Why use a solicitor?
This is an unprecedented time for many businesses who have not had to engage with Sponsor Licensing before. As we move into this next phase of Brexit, it is vital that you know where your business stands.
Our trusted immigration team can support you and your business through the application process, reviewing your evidence and assessing the current organisation of your workplace and relevant HR procedures, to ensure that once you have obtained your sponsor license, you know how to maintain it and can keep your business running.
We advise booking a ‘Where Do I Stand?’ consultation with one of our experts, to relieve some of the stress and to make you feel more knowledgeable and confident about your application.
Call our Liverpool team on 0151 282 1700 today