Bridge Partners

Sponsor Licence – Compliance

You can apply for a Skilled Worker visa to work in the UK in an eligible job with an employer licenced as a sponsor by the UK government.

Can I apply for the UK Skilled Worker visa?

We can help you. It’s what we do.

Overview

You can apply for a Skilled Worker visa to work in the UK in an eligible job with an employer licenced as a sponsor by the UK government. This UK work visa has replaced the Tier 2 (General) work visa. This category is for all foreign nationals who have been offered a skilled job to fill a gap in the workforce which cannot be filled by an already settled worker in the UK. There are a number of complex scenarios which should be discussed and explored in detail before you can apply.

You can apply for a Skilled Worker visa to work in the UK in an eligible job with an employer licenced as a sponsor by the UK government. This UK work visa has replaced the Tier 2 (General) work visa. This category is for all foreign nationals who have been offered a skilled job to fill a gap in the workforce which cannot be filled by an already settled worker in the UK. There are a number of complex scenarios which should be discussed and explored in detail before you can apply.

International Sportspersons visa

This category is for highly skilled sportspersons who must be recognised by a governing body as an elite sports person or a sports coach. The applicant must demonstrate that their employment in the UK will encourage the sport to become more elite and prominent in the UK.

To apply for ILR you must have spent continuous period of 5 years in the UK and must have spent no more than 180 days outside the UK in any 12 months. You must also meet the English language requirement, pass the Life in the UK test and meet the salary threshold requirement of at least £35,800.

Indefinite leave to remain

The skilled worker visa lasts for up to five years. If you want to stay longer, you can apply to extend your, as long as you still meet the eligibility requirements. After five years, you may also be entitled to apply for indefinite leave to remain, which gives you the right to live, work and study in the UK for as long as you like. You must apply to extend or update your skilled work visa UK if you change jobs or employer.

To apply for ILR you must have spent continuous period of five years in the UK and must have spent no more than 180 days outside the UK in any 12 months. You must also meet the English language requirement, pass the Life in the UK test and meet the salary threshold requirement of at least £25,600 per year.

Are there any duties and responsibilities associated with a Sponsor Licence?

Once the sponsor licence has been granted, there are several duties and responsibilities associated with the upkeep and maintenance of the licence. This role is crucial to comply with, because if the Home Office alleges you have breached or neglected any of these duties, you risk your licence being downgraded, suspended, or revoked. 

Please note, that the more sponsored workers you employ, the more you will be required to do to ensure that you remain compliant.  

As a licenced sponsor, you have the following duties: 

  • Reporting duties – you must report certain information or events to the Home Office using the SMS within time limits. 
  • Record-keeping duties – as a sponsor you must keep certain documents for each worker. 
  • Sponsored worker monitoring & reporting – beyond keeping records, there is also a duty to report to the Home Office any events that may occur with the sponsored employee, from any absences to significant changes in the worker’s contract. 
  • Reporting organisational changes – there is a duty on the organisation to inform of certain organisational and employee changes to ensure that immigration enforcement is upheld (e.g., change of company address, change of authorising officer or even the opening or closing of a UK branch). 

Audit/ Compliance Visits

If the Home Office conducts a compliance visit, it may be that they want to check that you are complying with your duties as a licenced sponsor and to ensure that no illegal working is occurring. There are several possibilities involved regarding a compliance check – this can include, but is not limited to, any of the following: 

  • A compliance visit. 
  • A digital compliance inspection. 
  • A review of evidence or information from our records, material that you have previously submitted to us or any information we request from you as part of a check. 

To ensure that you are best prepared for a situation, we would advise that it is useful to have a mock audit to check you have all the correct records and that your duties are met in accordance with what is required. Our legal team can help you with these compliance visits.   

How can Bridge Partners Immigration help?

If you fail to comply with your licence duties, this can result in Home Office enforcement, including the suspension or revocation of the licence – this will directly impact your sponsored worker’s visas. Therefore, we highly recommend taking the time to maintain compliance when it comes to your sponsor licence, once it is granted to you, to avoid such consequences. As UK immigration specialists, we can provide and guide you on compliance support and the duties expected of you as a sponsor licence holder. For expert advice and assistance with the maintenance of your sponsor licence, please do not hesitate to contact us today. 

Frequently Asked Skilled Worker visa​ Application Questions

Someone can be eligible for a Skilled Worker visa if they have a job offer from a sponsoring company in the UK for a job that is on the list of skilled worker occupations. In addition, the skilled worker must have the required skills and experience to undergo the role in the company and have the required level of English language ability.   

The minimum salary for the Skilled Worker visa is either £25,600 per year, £10.10 per hour or the “going rate” for the particular occupation code, whichever is highest. For each job on the Home Office occupation list, there is a “going rate” which details the recommended annual and hourly salary that an individual must earn for the role. The rates are based on a 39-hour week of work. Those applying for the Skilled Worker visa need 50 points to do so. These are gained from sponsorship, skill level and English language requirements. However, 20 further tradable points can be given to those that meet the minimum salary requirement. 

You cannot move to the UK without a job offer from a company that has a UK sponsor licence, unless you apply for the Global Talent visa where this is not a requirement. When you are applying for a Skilled Worker visa you must provide a certificate of sponsorship reference number which proves that you have a job offer and therefore permission to work in the UK with a registered sponsor.  

The general Skilled Worker visa requirements are that you must have a job offer from a company that is a UK-registered sponsor and have a certificate of sponsorship that confirms that you have permission to work in the UK within a specific job role. You must be paid the required minimum salary for the occupation, have the required skill level and English language ability to do the job and have enough funds to support yourself in the UK.   

Once all the correct documentation has been submitted, it takes around 3 weeks for an application for a Skilled Worker visa to be processed by the Home Office when applying outside of the UK. For applications within the UK, the standard processing time is 8 weeks, although this can take around 9 weeks on average.  

For the Skilled Worker visa, you will need to provide a valid passport and proof that you have a job in the UK with details about your job role, salary, and employer information. You will also need the reference number for your certificate of sponsorship which proves that you have an approved job offer with a registered UK sponsor. In addition, you will need to provide bank statements that show you are able to support yourself in the UK and proof of the required qualifications needed for the role such as an English language test and degree certificate.

Yes, you can study whilst on a Skilled Worker visa. There is no restriction on the number of hours you can study as long as it does not interfere with your work. Another requirement is that workers who study must first get an Academic Technology Approval Scheme (ATAS) certificate for their studies and present it to the education provider.  

Skilled Workers are not allowed to run their own businesses.