Temporary Work Sponsor Licence Application Process in the UK

The Temporary Work Sponsor Licence (formally called the Tier 5 worker sponsor licence) is essential for UK-based organisations that wish to employ international workers on a temporary basis for a multitude of different reasons.

This licence allows employers to sponsor non-settled workers under various subcategories, including charity workers, creative and sporting professionals, government-authorised exchange workers, international agreement workers, religious workers, and seasonal workers.

The below is a comprehensive guide to the application process, ensuring organisations are well-prepared to navigate the complexities involved.

1. Overview of the Temporary Work Categories

The Temporary Work category is divided into several subcategories, each targeting different types of temporary work:

1. Creative workers: For artists, entertainers, etc.

   
   

2. Charity Workers: For unpaid voluntary workers for a charity.

   
   

3. Religious Workers: For workers in a religious order or organisation that are coming to do non-pastoral work.

   
   

4. Government-Authorised Exchange: For individuals on work experience, internships, research, training, or overseas government language programs.

   
   

5. International Agreement: For work covered by international law, such as those working for overseas governments or “recognised international organisations” or private servants in a diplomatic household.

   
   

6. Seasonal Workers: For those coming to the UK to do seasonal work in the horticulture sector.

   
   

2. Eligibility Criteria for the Sponsor Licence

Before applying for a Temporary Work Sponsor Licence, organisations should ensure they meet the following criteria:

• Operating Legally in the UK: The organisation must be a legitimate business or charity, registered and operating within the UK.

  
  

• Appropriate Systems in Place: The organisation should have systems in place to monitor sponsored employees, including record-keeping and reporting mechanisms.

  
  

• No Prior History of Non-Compliance: The organisation must not have any history of non-compliance with UK immigration laws.

  
  

• Meet the requirements for the subcategory: Each subcategory has its own rules, for example, charity workers can only be sponsored by a registered charitable organisation or an Ecclesiastical organisation set up for charitable purposes.

  
  

3. Application Process

A. Preparing the Application

1. Determine the Type of Licence: Organisations must decide which subcategory of the Temporary Work licence they require based on their specific needs.

   
   

2. Assign Key Personnel: The organisation needs to appoint key personnel to manage the sponsor licence. These roles include:

   • Authorising Officer: A senior and competent person responsible for the actions of staff and representatives who use the Sponsorship Management System (SMS).

   • Key Contact: The main point of contact with UK Visas and Immigration (UKVI).

   • Level 1 User: Responsible for all day-to-day management of the licence using the SMS.

     
     

3. Gathering Documentation: Organisations must provide a range of documents to demonstrate that they are a genuine organisation, such as:

   • Proof of regulatory compliance where applicable

     
     

B. Submitting the Application

1. Completing the Online Application Form: The application form for a Temporary Work Sponsor Licence is submitted online through the UKVI website.

   
   

2. Paying the Fee: A non-refundable fee must be paid at the time of application. The amount varies depending on the size and type of the organisation.

   
   

3. Submitting Supporting Documents: After completing the online application, supporting documents must be sent to UKVI within five working days.

   
   

C. Post-Application

1. UKVI Review: UKVI will review the application and may conduct a compliance visit to ensure the organisation can fulfil its sponsor duties.

   
   

2. Decision: If the application is successful, the organisation will receive an A-rating and a sponsorship licence valid for up to ten years. If the organisation fails to meet the requirements, the licence may be refused or downgraded.

   
   

4. Sponsorship Duties and Responsibilities

Once a Temporary Work Sponsor Licence is granted, the organisation must adhere to several duties, including:

• Record-Keeping: Maintaining accurate records of all sponsored employees.

  
  

• Reporting Duties: Reporting specific events to UKVI, such as changes in the sponsored worker’s circumstances or if they fail to turn up for work.

  
  

• Complying with Immigration Law: Ensuring that the sponsored worker has the necessary skills and qualifications for the role.

  
  

• Cooperating with UKVI: Being prepared for compliance checks and providing accurate information to UKVI.

  
  

5. Renewal and Compliance

Organisations must renew their licence before it expires if they wish to continue sponsoring workers. This process involves demonstrating ongoing compliance with sponsor duties and providing updated information about the organisation. Remember that you need to submit an annual request for the number of Certificates of sponsorship required for the upcoming year.

For more detailed guidance or assistance, organisations should contact us at WestBridge Business Immigration.