People need to be appointed within a business to manage the roles within the sponsor licence application process. These roles can be filled by the same person or by different people. They include:
Businesses can only appoint a single Level 1 User when applying for a licence. However, additional Level 1 Users can be appointed after a licence is granted.
Generally, there must always be at least one Level 1 User who is:
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a ‘settled worker’ (ie someone who has indefinite leave to remain in the UK, including British citizens, individuals with settled status, and most British overseas territories citizens)
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an employee, director, or partner
After a sponsor licence has been granted, businesses can appoint Level 2 Users. A Level 2 User’s role is similar to a Level 1 User but with fewer administrative privileges (eg they cannot withdraw a certificate of sponsorship).
Suitability checks
Businesses will need to ensure that staff appointed to the above roles are suitable for them. A business may not get its sponsor licence if anyone involved in the sponsorship process has:
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an unspent criminal conviction for certain offences
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been fined by UKVI in the past 12 months
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been reported to UKVI
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broken the law
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been a ‘key person’ (eg an Authorising Officer) for a sponsor that had its licence revoked in the last 12 months
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failed to pay VAT or other excise duty
The business and its allocated staff must also:
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be based in the UK most of the time
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not be contracted as a contractor or consultant for a specific project
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not be subject to a debt relief restriction order or undertaking, or a bankruptcy restriction order or undertaking.
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not have previously been non-compliant with sponsor requirements
Staff appointed to the above roles must typically be paid members of staff or office holders (eg directors). Businesses may appoint a UK-based legal representative, who is qualified to give immigration advice or services, to any of the above roles except the Authorising Officer role.