Fard Solicitors

Understanding the UK Sponsor Licence for Employing Outside the UK

If you plan to employ someone from outside the UK, including citizens from the EU, Iceland, Liechtenstein, Norway, and Switzerland who arrived in the UK after December 31, 2020, you’ll usually require a UK sponsor licence. This requirement encompasses not only paid positions but also unpaid work, such as running a charity.

However, obtaining a sponsor licence is not necessary for everyone. You won't need a licence to sponsor individuals who fall into certain groups, including:

Irish Citizens

They are exempt from needing sponsorship.

Those with Settled or Pre-Settled Status under the EU Settlement Scheme

Individuals under this category do not require sponsorship.

Those with Indefinite Leave to Remain in the UK

This group is not dependent on a sponsorship licence for employment.

It’s important to understand that sponsoring someone is only part of the employment process. It does not guarantee that the individual will obtain a UK work visa to work for you in the UK. Carefully reviewing the specific criteria and working with immigration professionals can streamline the process and help you navigate the legal landscape of employing individuals from outside the UK.

By understanding these essential components of the UK sponsor licence system, employers can make informed decisions and comply with legal requirements, supporting their international hiring goals.

FAQs

To get a UK employer sponsorship licence, you must not have unspent criminal convictions for immigration offences or crimes such as fraud. You should not have had a sponsor licence revoked in the last year. You'll also need systems to manage sponsored employees. UK Visas and Immigration (UKVI) will review your application to ensure compliance.

A UK Skilled Worker visa can be sponsored if the job offers a suitable rate of pay and skill level. This includes various occupations such as health or care workers, government authorized exchange, seasonal workers, and more.

Yes, for religious workers, there are specific rules for advertising jobs. For creative workers, there are criteria related to compliance with the creative workers code of practice or the job's inclusion on the shortage occupations list.

Sponsoring under-18 workers in the UK can only be done for certain visas, such as the International Sportsperson visa or Creative Worker visa. There are specific age requirements and endorsements needed.

The UK sponsorship licence is categorized into 'Worker' and 'Temporary Worker' licences. These cover various employment types, including Skilled Worker, International Sportsperson, Scale-up Worker, Creative Worker, and more.

When sponsoring a scale-up worker in the UK, your responsibilities as a sponsor end six months after they obtain permission. They can then continue working or change jobs without needing a new certificate of sponsorship.

Yes, the Seasonal Worker visa allows people to work in horticulture (such as fruit picking) for up to 6 months, or in poultry from October 18 to December 31 each year.

You can apply for a 'Worker' licence to sponsor skilled employment in the UK. This can be for short-term, long-term, or permanent employment, depending on the worker's visa. It includes categories like Skilled Worker, Senior or Specialist Worker, and others.

Sponsoring a creative worker in the UK requires compliance with certain conditions. Creative jobs eligible for the Creative Worker visa include roles like ballet dancers, film and TV performers, models, and more. You must either comply with the creative workers code of practice (if applicable) or ensure the job is on the shortage occupations list. If the creative worker is under 16, you may also need to obtain a child performance licence. Further details can be checked to ensure that the job cannot be done by a worker who doesn't require sponsorship.

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