020 3372 5125 Email us today
Enquire today

Our immigration team was approached by a well-known financial company that offers services of short term consumer loans, looking to make a Sponsor Licence application.

After experiencing continued growth, the company subsequently faced significant challenges in hiring suitable personnel. In particular, considerable amounts of their IT related work suffered due to shortage of staff, thereby hindering the growth of the entire company.

Our head of Business Immigration, Dr Lusine Navarsardyan, was the first port of contact. Her extensive experience in corporate law provided her with the knowledge and expertise to rapidly grasp the business structure of the client, their business development method, their workforce needs. Following a detailed discussion with the client, Dr Navasardyan provided them with advice with regards to the requirements to sponsoring overseas workers. Dr Navasardyan explained that the first step would be to secure a sponsorship licence and went through the steps required for making a successful Sponsor Licence application.

Following the initial discussion, Dr Navasardyan, together with other members of the team, began the preparatory stages of the case.

Sponsor Licence: When you need to have it

Any UK based organisation that is looking to hire an overseas candidate, who is not an EEA national and who does not already have an existing leave allowing them to work, needs to hold a Sponsor Licence.

It was evident from the present case that it was absolutely fundamental to secure a sponsorship licence. This was primarily due to the fact that the client owned a large business which was heavily dependent on particular a high-value skill of which there is a shortage in the UK. Moreover, the client had already faced significant issues with recruitment, thereby resulting in serious hindrance to their business development.

It was immediately apparent from such circumstances that obtaining the Sponsorship Licence is a necessity and could not be avoided.

Given the fact that the client had previously gone through a significant period in which they failed to fill their skill requirements, our Immigration team simultaneously acknowledged the fact that the completion of the application had to be expeditious and successful. If a Sponsorship Licence application has been refused, in most cases a company is prevented from making an application for 6 months. Being aware of this, our immigration lawyers understood the need to put in a very strong application to ensure the successful outcome.

What are the Sponsorship Licence requirements?

After determining the need for the Licence, our specialist Sponsorship Licence lawyers had to assess the circumstances of the company to determine whether it satisfied the requirements for the Sponsorship Licence.

To secure sponsorship Licence, an organisation needs to prove:

  • They are a genuine organisation legally operating in the UK.

To ensure that the client satisfied the above requirement, our immigration lawyers examined the organisation’s registrations, considered their history and legal requirements with regards to authorisations and regulatory registrations.

  • They are capable of meeting the Sponsor duties.

Our business immigration solicitors took the necessary time to carefully consider the policies and procedures of the client in order to assess whether they would be able to demonstrate that they were capable of meeting the Sponsor duties. Our team made recommendations on the areas in which they considered required improvement.

  • They are able to demonstrate genuine need for Sponsorship Licence.

Our team worked closely with the client to obtain evidence of their struggles during the recruitment process. In this particular case, the client did not have any potential overseas candidates identified, thereby making it increasingly difficult to prove the need for a Sponsorship Licence. As a result, it was critical to ensure that a strong case was constructed in order to fulfil this fundamental requirement.

  • They offer a genuine vacancy that meets the Tier 2 skill level requirement and are able pay the salary appropriate for that job.

Our immigration lawyers examined the list of vacancies of the client and, in a hierarchical structure, set them out on a chart. Additionally, on a separate cover letter, we highlighted the requirements of skill and experience of each respective position and the implications that each vacancy would have on the overall performance of the organisation. Furthermore, we illustrated the strong financial position of the firm by exhibiting their ability to pay the required salary.

In order to satisfy each of the aforementioned requirements, our lawyers worked closely with the client to ensure that the necessary evidence was present, ready for submission.

Key Personal

As part of Sponsorship Licence application, the applicant organisation must demonstrate that they have appointed ‘key personnel’. They key personal must be of good character and dependable and meet certain requirements related to their decision making ability:  The key personnel that must be nominated are:

  • Authorising officer – a senior and competent person responsible for the actions of staff and representatives who operate the Sponsor Licence Management System (SMS)
  • Key contact – your main point of contact with UK Visas and Immigration (UKVI). In most cases we advise that this is either the Level 1 user or the Authorising officer.
  • Level 1 user – responsible for all day-to-day management of your licence using the SMS

To assist the Client with appointing the correct people on each post, our lawyers considered the organisational structure and the decision making hierarchy, after which we made our recommendations.

Sponsor Licence Application process and timelines

Once the preparatory process was concluded, the team proceeded with the submission. The sponsor licence application process involves an online application followed by the sending of supporting evidence to the Home Office.

Following the submission of the online application, the team prepared the evidential bundle alongside a detailed cover letter which set out the company’s background, explaining the factual circumstances of the company and demonstrating how each of the requirements are satisfied.

Due to the time limit in which the evidence needs to be sent to the Home Office, our immigration lawyers always ensure that the evidence is ready to be sent prior to the submission of the online application.

Following the submission, the team advised the client on the timeline. Since the client was trading in the financial sector and was a reputable business, it was assessed to be a low risk applicant. As a result, our lawyers advised that it was highly unlikely that the Home Office would make a visit prior to making their decision as such inspections are more common with high risk firms. We then explained to the client that we expect a quick response to the application due to the fact that it contained strong evidence and was well presented. Indeed, within 2 weeks the client notified us that they had received the Sponsorship Licence.

Follow up work

Having secured sponsorship licence for our client, our immigration team knew that it was only half of the job. The organisation was a large one and had significant need for fresh recruitment.Our experienced immigration lawyers understood that they would soon start recruiting from abroad and as such, the organisation would become heavily dependent on the Licence.

There are significant duties that sponsor licence holder is undertaking, once they are registered as such. Any failure to discharge those duties may lead to suspension or even revocation of the licence. Therefore, having a full understanding of these duties is essential.

To ensure that the Licence will not be jeopardised by non compliance, we carried out an on site mock audit for the client, to test Client’s readiness to carry out Sponsor duties. We then organised a training session with the relevant personnel of the company to ensure they had full understanding of their duties and how to abide by them.

We continue to be retained by the client on ongoing basis to provide assistance and support, thereby ensuring that they will not fall short of Home Office expectations in respect of sponsor licence holders.

To find out more about how we can assist you with obtaining a Tier 2 Sponsor Licence or managing your compliance, please contact our London office on 020 3372 5125 or complete our online enquiry form to make an appointment. Find out more information on our fees here.

Please call us on 020 3372 5125 or get an online consultation

    Contact our experts in Immigration
    Head of Immigration - Dubai
    For legal advice
    call us today
    020 3372 5125
    Or complete our online enquiry form to make an appointment

      What Our Clients
      Say About Us
      Dealing with Rakhi was more like having In house counsel than hiring a law firm
      So Rakhi Singal of RVS has just handled my divorce, it was a very complex case and I came to Rakhi at the very last minute on a friend’s recommendation. My case was a mess and I stood to lose everything.

      Dealing with Rakhi was more like having In-House counsel than hiring a law firm, she does not approach her clients as a cash machine like many law firms do, she works with you to manage and minimise your costs and de-escalate conflict rather than throw wood on the fire.

      She took a huge personal interest in my case, she was always available on the phone, very quick to respond to emails and is very honest and trustworthy.

      My ex had huge spending power and used a team of high profile solicitors against me, Rakhi literally saved me from complete ruin and helped me get a very fair deal with me spending 6 times less than my ex on legal fees.

      Thank you, my new family and I will be forever grateful!!!!
      What Our Clients
      Say About Us
      Rakhi’s passion for her profession supersedes the norm
      On dealing with a very stressful and emotional situation involving my young child. I was personally directed to Rakhi Singal. From the very outset of my situation, Rakhi identified the immediate difficulties I faced and offered me a sympathetic and rational approach to my situation, ensuring that she had a full understanding of my issues and concerns. Rakhi’s approach to my case was monumental and customary to my needs and that of my child, which was a fundamental point for me.

      The communication and support I received in and outside of court was nothing short of extraordinary. Rakhi’s passion for her profession supersedes the norm and is clearly demonstrated through her results.
      What Our Clients
      Say About Us
      Really impressed with Rakhi’s dedication to our case
      Could not be more pleased with the results!

      I approached RVS solicitors as they were highly recommended and now I completely understand why. Soon as I contacted Rakhi I knew I wanted to use her, she was so professional and easy to get along with. I was faced with clients who were refusing the pay invoices, Rakhi immediately reassured me that she was able to help me and recoup these costs. She dealt with the whole process very professionally.

      Really impressed with Rakhi’s dedication to our case and her knowledge and experience on dealing with the case. She communicated with us throughout the process, providing me with regular updates. Thank you so much, I cannot vouch for her work enough and RAW Invites are happy for you to continue to act for all their matters in the future.
      What Our Clients
      Say About Us
      Very detailed advice, friendly and approachable
      Excellent service for my wife's spousal visa from Lusine: very detailed advice, friendly and approachable. Also flexible in contact by email and provided an excellent cover letter.
      What Our Clients
      Say About Us
      She is professional, intelligent, hard worker and cheerful!
      I highly recommend Dr. Lusine Navasardyan, as she is professional, intelligent, hard worker and cheerful, she helped us from the beginning of our case until the very end, when she prepared a strong bundle with over 385 pages, which helped us get a successful victory in our Asylum case . I strongly recommend her as I really appreciate all the professional work that she has done . Many thanks to her.
      What Our Clients
      Say About Us
      She has been very professional and a reliable person
      Dr. Lusine has been working on my case. She has been very professional and a reliable person. She was always attending to my queries and she has always been very friendly throughout my case.
      What Our Clients
      Say About Us
      She is very professional while creating a friendly and comforting relationship with her clients
      I am very happy with the level and quality of service I got from Dr. Lusine Navasardyan. She is very professional while creating a friendly and comforting relationship with her clients. The service from Lusine was professional,efficient and well organised. Lusine worked extremely hard at resolving my all issues while getting the best result.
      Latest News