| UK based employers
as Sponsors wanting to apply for a licence to
employ migrant workers under the points-based
system should agree to meet a number of sponsorship
duties.
You must apply to join the register of sponsors.
If you are given a licence, you are then added
to the register of sponsors, and able to issue
Certificates of Sponsorship. A licence is valid
for four years. At the end of the four-year
period, the sponsor must renew the licence.
Sponsor's Licence can be suspended or withdrawn
if there is a serious breach of its duties that
poses a threat to immigration control.
Sponsorship in the PBS is based on two
fundamental principles:
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Those who benefit
most directly from migration (that is, the
employers, educational institutions or other
bodies who are bringing in migrants) should
play their part in ensuring that the system
is not abused |
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UK Border Agency (the Agency) needs to be
sure that those applying to come to the
UK to do a job, or to study, are eligible
to do so and that a reputable employer or
college genuinely wishes to take them on. |
In order to obtain a licence, a prospective
sponsor must apply to the UK Border Agency,
supplying specified documents to show that it
is eligible. Sponsors should have robust HR
Policies and Procedures and demonstrate that
they are keeping proper records of migrants
and monitoring compliance with Immigration Rules. |
Criteria
for Obtaining a Licence
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The applicant
must be a bona fide organisation operating
lawfully in the UK |
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Applicant
is trustworthy |
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Applicant should
be capable of carrying out duties as a
Sponsor |
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Sponsor must
nominate an Authorising Officer and a
Key Contact |
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Application must
not fall for refusal |
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To meet the suitability criteria each organisation
will need to demonstrate that:
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They have effective
HR Systems in place |
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They
have not been issued with a Civil Penalty
for Immigration Offences |
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The AO, Level
1 User or Key Contact, who have access
to the Sponsor Management System, must
not have any criminal convictions in their
name |
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The Agency does
not have any evidence of previous non-compliance |
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Objective:
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Prevent abuse
of the assessment procedures |
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Capture
early pattern of migrant's behaviour (causes
for concern) |
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Address possible
weakness in the process which can cause
those patterns for concern |
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Monitor compliance
with Immigration Rules |
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Adhere to Record Keeping and Reporting
Duties |
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All sponsors will be rated A or B. Sponsor's
rating will appear on the public version of
the register of licensed sponsors. The Agency
will rank HR systems - "A" rating
for meeting all the criteria. "B"
Rating which is transitional rating if you
are only meeting some of the criteria. B-rated
sponsors are likely to be subject to more
frequent and exacting inspections by the Agency.
UK Border Agency will draw up an Action Plan
for B-rated sponsors to gain or regain an
A-rating. If you do not comply with the Action
Plan, it is likely that you will lose your
licence altogether and be unable to bring
migrants (non-EEA or non-Swiss nationals)
into the United Kingdom.
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Sponsor should appoint an Authorising
Officer, a Key Contact and Level 1 User.
The sponsor will be held fully responsible
for the actions of its AO. The AO, Key Contact
or Level 1 User must not have any criminal
convictions.
The Authorising Officer:
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The Authorising
Officer must be based in the UK and must
be a permanent member of the sponsor's
staff. This role needs to be fulfilled
by a responsible, honest and competent
member of staff |
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A
sponsor's representative cannot act as
its AO |
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An undischarged
bankrupt cannot act as the AO |
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The AO will be
responsible for the activities of anyone
acting on the sponsor's behalf to issue
CoS. This includes both employees of the
organisation and external representatives |
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The AO is responsible for the sponsor
licensing application, and for ensuring
that the sponsor meets all its duties
under the PBS |
The Key Contact:
The key contact is the person who will act
as the main point of contact between the UK
Border Agency and the Sponsoring organisation.
The key contact will be the person who will
be called upon if there are any queries with
the application form, the documents submitted
or the payment which accompanies the application
form.
Level 1 User
An external representative may act as a Level
1 User.
The Level 1 User can:
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Add or Remove
other users from the "Sponsor Management
System" |
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Assign CoS to Migrants (also Level 2 User) |
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Request an increase
in the Sponsor's limit (No. of CoS) |
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Notify UK Border
Agency minor changes |
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Complete sponsor change of circumstances
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Report Migrant
activity to the Agency like not turning
up to work (also Level 2 User) |
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Licence fee:
Small Sponsor Fee of GBP
300 is applicable for Companies with:
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Turn Over <
5.6 Mln |
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Balance
Sheet < 2.8 Mln |
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No. of Employees
< 50 |
Large Sponsor Fee: GBP 1000
Payment of Fee: By card
or by cheque payable to 'The Home Office PBS
Sponsorship'
Payment must accompany the supporting documents
and should be sent to the UK Border Agency
within 10 working days of submitting the online
application.
Please contact
us for more details and an assessment.
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