Sponsorship is a privilege and not a right. Licenced education providers benefit directly from student migration and therefore have a responsibility to help prevent the system from abuse. Therefore, in order to gain and retain a Student sponsor licence, providers must fulfil a number of duties and comply with certain requirements.
All Student sponsors must:
All Student sponsors must retain all of the documents listed in Sponsor Guidance Appendix D and must do so in accordance with guidance set out therein.
Student sponsors are also under a specific duty to report on all the students and child students that they themselves sponsor, regardless of whether that student is currently studying at their own institution, a partner institution or on a work placement. Sponsors must notify UKVI if they become aware that any of the students they are sponsoring have been granted leave with the incorrect conditions of stay, if they have reported something through the Sponsorship Management System (SMS) incorrectly or if there are changes that could affect their student sponsor licence.
Any providers that sponsor children to study in the UK under the Child Student route will have additional responsibilities. This often includes ensuring that appropriate policies and procedures are in place for the safety and wellbeing of the children it sponsors.
A sponsor, in addition to its duties, is required to apply for a Basic Compliance Assessment (BCE) every 12 months. This is regardless of the length of time it has taken UKVI to reach a decision on a previous application. It is solely the sponsor’s duty to ensure the application is made on time and failing to do so will often result in the sponsorship licence being revoked. Applications and payment for the assessment can be made through the SMS.
When UKVI carries out a BCE, it will assess the sponsor on the following core requirements. The sponsor must have:
All these requirements must be met by the sponsor on the date the application is made. If a sponsor passes, UKVI will inform them of this via email or letter. Where an assessment is passed during the probationary sponsor period, the sponsor will be granted a full Student sponsorship licence.
If, on the other hand, an assessment is failed, UKVI will inform the sponsor of this, setting out the reasons behind the decision. UKVI will thereafter begin the revocation process and remove the sponsor from the Register of Student Sponsors. There will however be an opportunity to make representation against the revocation decision as long as these are made within 20 working days of the decision.
As experts in UK immigration law, we can offer training, compliance reviews and strategic advice. We are able to work with education providers to enable them to fully understand and satisfy their duties as a Student sponsor.
We provide tailored advice to satisfy each client’s individual needs. We can offer small workshops, one-to-one training or even a dedicated telephone helpline to assist with any queries you may have. We are also able to audit sponsor’s existing compliance procedures to review the systems and policies currently in place. If necessary, we will advise further on the most appropriate remedial action.
Common issues we assist with are:
If you require any further information on sponsor duties and compliance or even the application process itself, please do not hesitate to get in touch for a free 15-minute consultation.
You need a sponsorship licence if you plan on hiring employees from outside the EEA.
To meet the requirements, you must:
The Home Office fee depends on the type of business you have. For small businesses and charities the Tier 2 sponsorship fee is £536. For medium and large businesses the Tier 2 sponsorship fee is £1476. You are a small business if you have an annual turnover of £10.2 million and less than 50 employees.
Some of the most common reasons for Tier 2 sponsor visa rejection are:
The Home Office will award you with a license rating. Your business will be placed on the UK Sponsorship Licence register. You will be able to issue Certificates of Sponsorship. Your license will be valid for 4 years.
Applying for a Tier 2 Sponsorship Licence is a lengthy and complex process. NA Law Solicitors can assist with your business immigration needs by managing the entire Tier 2 Sponsorship Licence application process. We can help you adhere to your duties as a Tier 2 sponsor and steer you towards a successful outcome. Subsequently, NA Law can assist with the following:
During the sponsor licence application, the Home Office may come to conduct a compliance visit at the company premises. Our specialist team at NA Law Solicitors can conduct a mock audit for you. This will decrease the chance of an unsuccessful sponsor licence. Contact us for further information, advice or guidance.
Most applications are dealt with within 4 weeks. UKVI will contact the applicant once a decision is made.
Prior to making a decision on a Student sponsorship licence application or as a means to ensure a sponsor is adhering to its Student sponsor duties, UKVI may make an unannounced visit to inspect the sponsor’s HR policies and confirm they have sufficient measures in place to fulfil their obligations.
