Common Mistakes Emplopyers Make When Applying For a UK Sponsor License
Applying for a UK Sponsor License can present exciting opportunities for businesses wanting to recruit skilled talent overseas. The process can take time, and many employers misjudge how labour-intensive the process can be. The Home Office is under strict instructions to only grant a sponsorship license to compliant and responsible employers. Small mistakes can lead to delays in the process, refusals of your application, or even a future ban from applying.
In this blog we will go through the most common mistakes employers make when applying for a UK Sponsor License, and how best to avoid them to ensure that you have a successful and efficient application.
1. Ignoring Eligibility Requirements
A common pitfall employers can fall into is the neglect of checking the eligibility requirements prior to making their application. The Home Office requires your business:
To have a genuine trading presence within the UK.
To show a legitimate need to employ overseas workers.
To be able to put in place the systems to embrace sponsored employees.
Many applications are unsuccessful simply because businesses have applied too early – for example, before opening a UK bank account, registering for tax, or being trading. You should only apply if your business is in operation, is financially viable and you are ready to fulfill your sponsorship obligations.
2. Sending Wrong or Insufficient Documents
Wrong or insufficient documentation accounted for the majority of Sponsor Licence refusals, as the Home Office asks for specified documentation for the purpose of evidencing that your business is genuine, including:
Certificate of Incorporation
VAT registration certificate
3. Appointment of Key Personnel
Every sponsor licence application consists of three roles:
Authorising Officer – with responsibility for overall management and compliance to the licence conditions.
Key Contact – who will be the main point of contact with the Home Office.
Level 1 User – who is responsible for the management of the Sponsor Management System (SMS).
A consistent error that employers make, involves designation of these posts to inappropriate people. For example, using an external individual, or declaring one person to fulfill multiple roles, without considering workload or compliance risk. These roles should be designated hopefully to individuals whom the front office trust, and are senior staff who understand the requirements for immigration compliance and office systems.
4. Not Understanding Compliance Responsibilities
Getting a sponsor licence is not the end; it is only the beginning. The majority of employers do not prepare for the ongoing compliance obligations associated with sponsorship.
These are:
Keeping accurate records of employees.
Reporting via SMS any changes in employment status or worker.
Ensuring workers only carry out duties listed in their Certificate of Sponsorship (CoS).
The Home Office is entitled to carry out unannounced compliance visits to check that the rules are being adhered to. If the systems are weak, or the records are not complete, in the event, your licence may be suspended or revoked, even after gaining approval.
Business bank statements
Employer’s liability insurance
Proof of business premises
It is common for employers to send the wrong version of the one of the documents or even forget to send one at all. Make sure that all documents are clearly scanned, are up to date and match the detail that you have provided. Something as small an a small difference in the correct address or missing signature can alert the Home Office and clog the approval process.
5. Submitting Inaccurate Job Description or Salary Information
Another frequent mistake is providing an inaccurate or unrealistic job description. The role you are sponsoring must fulfill the requirements for the Skilled Worker visa category, including minimum skill level and salary level in the job description.
Many employers submit applications with vague job titles, inaccurate Standard Occupational Classification (SOC) codes, or salaries below the legal level. All these discrepancies make it seem that the role does not pass sponsorship guidelines, causing a rejection on appeal.
You should always cross check your job description detail against the Home Office Skilled Occupations List before issuing a Certificate of Sponsorship.
6. Submitting Application Quickly
The process of applying for a sponsor licence is one that requires a high degree of detail and some patience. Employers often submit applications before carefully checking the information, or before getting professional advice. This rush can lead to an increase in the errors made, as well, as missed documents or inconsistency in the information.
It is much better to take some additional time reviewing your documents, checking details relative to your company, and obtaining professional advice from your UK immigration consultant if you wish to do so. An application that is put together well will have a much better chance of being approved the first time.
7. Failure to Demonstrate a Record Keeping System
The Home Office requires sponsors maintain strong human resources and record keeping systems, in order to monitor sponsored employees. Most employers simply do not show this during the application process.
You need to be able to track:
Worker attendance and absence
Visa expiry dates
Contact details and job roles
Any changes in employment
You failure to be able to demonstrate you can manage thi smay result in a refused application, or in delaying your application.
8. Not Seeking Professional Assistance
Finally, a significant error that employers tend to make is not speaking with a professional. Immigration laws change constantly, and a minor mistake can costly. A licensed immigration consultant or solicitor can make a real difference to you, in terms of the right documentation and compliance, and avoid delays or unreasonable refusals.
Final Thoughts
Applying for a UK Sponsor Licence is an important responsibility and requires care, honesty, and compliance. Avoiding the common mistakes highlighted above will avoid you a lot of wasted time, money, and effort. By properly preparing your organisation, appointing the right individuals, and (ideally) maintaining good HR systems, your business will be in a position to successfully apply for a licence allowing you to hire skilled individuals, from overseas, into your business with confidence.
Whether you are a start-up looking to expand or an established business trying to fill skills gaps, getting your Sponsor Licence correct the first time is essential to building a compliant and successful workforce in the UK.