Applying for a sponsor licence under Workers and Temporary Workers: eligibility and suitability

The following Immigration practice note provides comprehensive and up to date legal information covering:

  • Applying for a sponsor licence under Workers and Temporary Workers: eligibility and suitability
  • Requests for further information, pre-licence questionnaires and genuineness
  • Sponsoring organisation—eligibility criteria
  • Head office and branches
  • Suitability assessment
  • 'Hostile environment' civil penalties and convictions
  • Human resources systems
  • ‘You’ or ‘your’
  • Civil penalties, relevant offences, Annex L4 offences and other restrictions
  • Duty of honesty
  • More...

Applying for a sponsor licence under Workers and Temporary Workers: eligibility and suitability

The eligibility criteria for obtaining a sponsor licence are not located in statute law nor in the Immigration Rules; they are mainly contained within the Workers and Temporary Workers Sponsor Guidance. There is also supplementary guidance contained elsewhere on the UK Visas and Immigration pages of the GOV.UK website.

In R (New London College Ltd) v Secretary of State for the Home Department (SSHD); R (West London Vocational Training College) v SSHD, the Supreme Court held that the Immigration Act 1971 provides a general statutory authority for the SSHD to administer a sponsor licensing system, including vetting sponsors, via rules which do not require to be laid before Parliament. Only mandatory criteria which relate to a person's qualifying for entry clearance, leave to enter or leave to remain must be laid before Parliament as Immigration Rules.

From 19 November 2020, when the first guidance was published for the simplified routes under the post-Brexit system, the main guidance has been split into three documents covering aspects common to all Workers and Temporary Worker routes, and separate route-specific guidance documents (such as ‘sponsor a skilled worker’). The Appendix documents have been retained and updated. The general guidance documents are:

  1. part 1: apply for a licence

  2. part 2: sponsor a worker

  3. part 3: sponsor duties and compliance

For

Related documents:

Popular documents