Q&As

Is it possible for a sponsor licence holder to have a licence with one company but employ sponsored workers by another company in a group of companies providing the licence holder can comply with its sponsor licence obligations?

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Produced in partnership with Gary McIndoe of Latitude Law

Published on: 06 August 2024

Where a company (Company A) is applying for, or already holds an existing sponsor licence, it can be possible for a company within the same group (Company B) to employ and sponsor migrant workers under this licence. This is possible by the addition of Company B as a ‘branch’ to the licence. The below considers guidance in relation to the addition of branches to a licence, and with reference to Home Office guidance: Workers and Temporary Workers—guidance for sponsors part 1, specifically section L5: Organisations with multiple branches.

Common ownership and control

In order for a company within the same group to be added as a branch to a licence, it must be shown that there is a specified relationship of common ownership and control amongst these companies. The Home Office will assess if there is common ownership and control,

Gary McIndoe

Latitude Law

Gary has practised UK-inbound immigration, nationality and refugee law for more than 25 years. His first taste of work in his field was at the Home Office, where his role included policy work on the return of Hong Kong to Chinese control in 1997.

He qualified as a solicitor in 2000 and founded Latitude Law in 2007; the firm has grown steadily since then and currently has a 15-strong legal team undertaking a full range of immigration work.

Latitude has recognised expertise in guiding businesses, from start-ups to mulitnationals, through sponsor licensing and related regulatory processes. It is also noted for its work with high-net-worth individuals, with particular focus on the sole representative of overseas business, innovator and start-up visa categories.

Gary and his team have developed strong links with exceptionally talented individuals in a burgeoning regional tech sector. Latitude also continues to take on complex asylum and deportation work. The firm has a satellite office in London and a subsidiary business in Brussels. Gary is registered as a foreign lawyer with the Brussels Bar.

Gary is an AILA international associate and has contributed to panels at the organisation’s global and European conferences in recent years. He is chair of trustees of Electronic Immigration Network, a charity providing information services in the sector, and a patron of Middle Eastern human rights charity Salam DHR. In 2021 he co-authored, with Gemma Tracey, a practical guide to deportation (Law Brief Publishing).