When you are preparing your application for a Sponsor Licence, there are various factors to consider. Our previous article, Skilled Worker Sponsor Licence: New Rules on Pay and Fees, sets out the changes around investment by sponsored workers. 

This article focuses on the key areas when assessing Sponsor Licence applications.

1.  Assessing Eligibility Criteria in Sponsor Licence Applications 

To meet the eligibility criteria, you need to provide the right documents to show that your business is genuine and has an operating presence in the UK. Most organisations will need to provide at least four supporting documents, as set out in the Appendix A of the Sponsor Guidance. They can include mandatory documents for a particular type of organisation, e.g. a charity where the Home Office will expect to see proof of your charitable status by checking if your organisation is listed with the relevant charity commission.

For start-ups (organisations that have been operating or trading in the UK for less than 18 months), it is essential to demonstrate that your organisation holds a bank account with a bank that is regulated by the PRA and FCA. 

Examples of documents that can be accepted are bank statements, HMRC registration for PAYE and VAT as well as Employer’s Liability Insurance certificate with a minimum of £5 million cover.

Getting the right documents is important to show that your company is genuine and operating in the UK. It is advisable to seek legal help in order to submit a fully prepared sponsor licence application and if you are applying for a UK Expansion Worker sponsor licence, the required documents are different as well. 

2. Sponsor Duties When Applying for a Licence

When assessing a sponsor licence application, the Home Office may check whether you have human resource and recruitment systems in place to meet your sponsor duties. We also discussed sponsor duties in our article Sponsor Duties: Managing Third-Party Work for Skilled Workers.

The Home Office Guidance sets out the sponsor duties as follows:

“Your duties as a licensed sponsor include: 

• Reporting duties;
• Record-keeping duties;
• Complying with our immigration laws, including all parts of the Worker and Temporary Worker sponsor guidance;
• Complying with wider UK law; and
• Not engaging in behaviour or actions that are not conducive to the public good.”

Reporting duties: When there are certain changes in the worker’s circumstances, these must be reported within 10 working days of the changes. For example, if the worker is absent from work for more than 10 consecutive working days without permission.

Record-keeping duties: the list of documents that must be kept for each worker is published in Appendix D, which also explains how long you must keep the relevant records;

Complying with immigration laws: includes employing workers who are qualified or experienced to undertake the role;

Complying with wider UK law: this is other than immigration law, such as complying with illegal working legislation. Our article, Fines For Employing Illegal Workers Set To Rise Significantly talked about the government’s recent announcement. We highlighted the key updates and the correct procedures for conducting the right to work checks for employers in our article Right to Work Checks: Essential 2025 Updates for Employers.

Not engaging in behaviour that is not conducive to the public good: The behaviour and actions of the organisations should be in a manner that is not detrimental to the public good.

3. Key Personnel in Sponsor Licence Applications

To ensure that the sponsor duties are met, you must show in the Sponsor Licence application that you have the key personnel to carry out the relevant roles. Key Personnel include an Authorising Officer, Key Contact, Level 1 User and Level 2 User.  Some of the key personnel will have access to the sponsorship management system (‘SMS’). 

The Home Office may assess whether your key personnel are based in the UK. You may appoint a legal representative that is based in the UK to fulfil the role of a key contact, additional Level 1 User or a Level 2 User. 

Authorising Officer

An Authorising Officer should be the most senior person in your organisation who is responsible for the recruitment of migrant workers and your organisation must have an Authorising Officer throughout the licence. The Authorising Officer also ensures that all the sponsor duties are met. For a UK Expansion Worker Sponsor Licence application, this role can be undertaken by the worker already in the UK or the migrant worker who will be coming to the UK on this route.

Key Contact

This person will be the main point of contact between the organisation and the Home Office. 

Level 1 User

A Level 1 User will be responsible for day-to-day management of the licence. Their responsibilities can include assigning the Certificate of Sponsorship to workers and reporting a change of circumstances on the SMS. In the initial application, your nominated Level 1 User must be an employee, partner or director within your organisation and a settled worker (although there are exceptions). 

Your organisation must have a Level 1 User throughout the period of your Sponsor Licence.

Level 2 User

Access is more restricted for a Level 2 User. A Level 2 User can be appointed by a Level 1 User once the Sponsor Licence has been granted. 

4. Reviewing Employment Requirements for Specific Routes

When reviewing applications for Sponsor Licence under the Skilled Worker, Scale-up or Global Business Mobility routes, you must show that the employment is genuine and meets the salary and skill level requirements. The Home Office may go on to check the sponsored migrant’s work address and the duties of the role if there is no business premises. 

Genuine Vacancy

The role must be genuine. It must not be a role that does not exist or created for the sponsored worker to come to the UK or stay in the UK. 

Salary

The sponsored worker must be paid the minimum salary specified for that route as set out in the Immigration Rules.  

Skill-level

The job must be at an appropriate skill level in an eligible standard occupational classification code set out in the Appendix Skilled Occupations. The guidance of the new list of lower-skilled occupations eligible for sponsorship was discussed in our article UK Temporary Shortage List Guidance 2025 published in August 2025.  

5. Criminal Convictions and Civil Penalties in Sponsor Licence Applications

The Home Office may conduct a check on anyone involved in the day-to-day running of the business. This can include the owner, director and the key personnel. If they are found to have any unspent conviction or have been issued with any Civil Penalty or charge, the sponsor licence applications may be refused.  

6. Pre-licence Compliance Checks in Sponsor Licence Applications

After the Sponsor licence application has been submitted, the Home Office may carry out a pre-licence compliance check if they have any doubts about the evidence provided in support of the sponsor licence application.

Further, additional information or clarification may be sought if the credibility of the role is questioned. They will also conduct checks with other government departments.

The compliance check may be conducted on an announced or unannounced basis and this may involve interviewing the key personnel and the sponsored workers. The check may be conducted online or a physical visit to the main office address. 

Find out more about Immigration Audits.

7. Contact Our Immigration Barristers

For expert advice and assistance in relation to a Sponsor Licence application, contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.

8. Frequently Asked Questions

What documents are needed to prove my business is genuine?

Most organisations must provide at least four supporting documents as set out in Appendix A of the Sponsor Guidance. These can include bank statements, HMRC registration for PAYE and VAT, and an Employer’s Liability Insurance certificate with a minimum cover of £5 million. Charities must also provide proof of charitable status from the relevant charity commission.

Are the document requirements different for start-ups?

Yes. For organisations operating in the UK for less than 18 months, it is essential to demonstrate that the business has a bank account with a bank regulated by the PRA and FCA.

What are the sponsor duties I must comply with?

Sponsor duties require reporting certain changes in a worker’s circumstances within 10 working days, keeping accurate records for each worker as specified in Appendix D, complying with immigration laws including employing qualified workers, adhering to wider UK law such as illegal working legislation, and ensuring the organisation’s conduct is not detrimental to the public good.

Who are the key personnel in a sponsor licence application?

Key personnel include the Authorising Officer, who is the most senior person responsible for recruitment and ensuring sponsor duties are met; the Key Contact, who serves as the main point of contact with the Home Office; the Level 1 User, responsible for day-to-day licence management including assigning Certificates of Sponsorship and reporting changes; and the Level 2 User, who has more restricted access and is appointed by a Level 1 User once the licence has been granted.

Can key personnel be based outside the UK?

Key personnel are generally expected to be based in the UK. However, a legal representative in the UK may fulfil the role of Key Contact, an additional Level 1 User, or a Level 2 User.

What are the employment requirements for specific routes?

For Skilled Worker, Scale-up, or Global Business Mobility routes, you must show that the employment is genuine and meets the salary and skill level requirements. The Home Office may also check the work address and the duties of the role if there is no business premises.

What happens if someone involved in my business has a criminal conviction or civil penalty?

The Home Office may refuse the sponsor licence application if any owner, director, or key personnel have unspent convictions or have been issued with civil penalties.

What is a pre-licence compliance check?

After submission, the Home Office may carry out a pre-licence compliance check to verify the evidence provided. This may involve interviewing key personnel and sponsored workers, and checks can be conducted online or via a physical visit to the main office address.