UK employers must be licensed by UK Visa and Immigration before they can employ non-EEA workers. Employers who do not have a sponsor licence will be unable to hire workers from outside the EU or extend work permits for current employees and may face severe sanctions including criminal proceedings if found to be in breach.

Companies must complete an online licence application and provide supporting documentation to meet the necessary evidentiary requirements. This must be provided to the Home Office within five days of the application. Failure to submit all the required documents will result in an application being delayed or rejected and further costs being incurred.

Following the receipt of these documents, the company may then be subject to a compliance visit from UK Visas and Immigration, who will decide whether or not to grant the licence.

Companies will also be required to comply with the illegal working requirements which states that all non-EU employees are required to provide documentation that proves their right to work before being employed by a UK company and copies of this information must also be retained by the employer.

An approved sponsor applies for a certificate of sponsorship (CoS) for the position they would like a non-resident worker to fill. Once a CoS is assigned, the migrant may apply for their visa.

If you are found to be in violation of your licence by employing workers who are illegal or with no permission to work in the UK, you may face criminal penalties and a fine. This includes unpaid workers for charities.

 

Note: This page does not necessary deal with every aspect of the topics. It is not designed to provide legal or other advice, but it is for guidance only.