How to apply for a Skilled Worker Sponsor Licence for an independent school

For many years, there has been a shortage of teachers in the UK. This is especially the case in subjects such as maths and physics. Here, we explore one of the options available to independent schools to remedy this shortage.

To sponsor teachers, independent schools first need to apply for a sponsor licence, specifically a Skilled Worker Sponsor Licence. The school will need to meet a number of evidential requirements and demonstrate that it is genuine, and that it has the HR capacity to fulfil its sponsor duties.

Obtaining a Skilled Worker Sponsor Licence offers several benefits for independent schools, including access to a broader talent pool, enhancing their ability to deliver high-quality teaching and support services, and the ability to fill critical vacancies. Here, we provide an overview on how to apply for a licence.

Sponsor licences are processed by UK Visas and Immigration (‘UKVI’) which is part of the Home Office.

Suitability and eligibility criteria

The Sponsor Guidance makes it clear that one of the overriding principles of sponsorship is that:

“Sponsorship is a privilege, not a right – this means that those who benefit most directly from employing migrant workers must:

play their part in ensuring the immigration system is not abused,
comply with wider UK law, and
not behave in a manner that is not conducive to the public good.”

A sponsor must:

be a genuine organisation operating lawfully in the UK;
be capable of carrying out its sponsor duties and evidencing its compliance in a timeframe and manner set out in the sponsor guidance;
offer genuine employment that meets the skill level and salary requirements of the relevant route; and
otherwise meet the eligibility and suitability criteria.

In order to meet the eligibility criteria, a number of documents must be submitted in support of the application, as set out in Appendix A (more on this later).

Once the eligibility criteria have been reviewed and those managing the organisation are confident that they are able to provide the relevant documents and information, UKVI will then look at the suitability criteria to assess whether or not to issue the independent school a licence.

There are a number of factors that need to be considered. These include whether the school has the appropriate human resources and recruitment systems in place to meet the sponsor duties.

As with all sponsor licence applications, UKVI will also consider if there is any evidence to suggest that the applicant may be a threat to immigration control or may have engaged in behaviour or actions that are not conducive to the public good. It would be highly unlikely that an independent school would fail the latter part of this test, given the strict general statutory requirements they have to meet.

It is however possible that a school’s sponsor licence application could be refused if it cannot demonstrate that it has effective right to work checks in place – this can be regarded as a ‘threat to immigration control’. Whilst most schools we work with do have strong processes in place to check staff under DBS requirements, it is important that a school can clearly evidence its right to work checking processes, if required, when applying for a sponsor licence.

Sponsors should note that UKVI can visit them as part of the sponsor licence application process to check that their systems are robust enough. This is one of the ways in which the Home Office assesses the suitability criteria. However, it is also possible for a UKVI compliance review to be conducted by other means, and this would include online checks and requesting further documents and information.

A UKVI compliance audit can, however, take place at any point whilst the school remains a sponsor licence holder.

Home Office guidance

In order to obtain and maintain the ability to sponsor non-UK workers, sponsors must adhere to the Sponsor Guidance published by UKVI.

The Sponsor Guidance is a voluminous set of documents that are broken down into various parts, the most relevant ones being as follows:

It is important to be familiar with the sponsor duties and ensure that existing policies are reviewed and adequately accommodate for any specific provisions, to ensure that the organisation can meet the sponsor duties.

The guidance is updated frequently, therefore it is important that the guidance is reviewed on a regular basis, to stay on top of the latest changes and updates.

We would recommend that regular reviews are carried out to ensure that the processes are being followed and adjustments are being made and implemented where any weaknesses have been identified. Our compliance review service is designed to test a sponsor’s levels of compliance.

Key personnel

When applying for a sponsor licence, some consideration will need to be given as to who will be appointed as key personnel. These individuals will be responsible for the licence and will have certain responsibilities in ensuring that the licence is correctly used and maintained. It is, therefore, important to ensure that appropriate individuals are appointed.

Authorising Officer – this is the person who will have overall responsibility for the licence. As such, they need to be a senior individual within the school. The Authorising Officer cannot be a legal representative. Further guidance can be found in Part 1: Apply for a licence and in our article here: ‘who can be an Authorising Officer?’.

Key Contact – this is the person who will be the main point of contact between the school and the Home Office. A legal representative can perform this role.

Level 1 User(s) – these people will have responsibility for the day-to-day management of the licence and the process of sponsoring Skilled Workers via the Sponsorship Management System (SMS – an online portal). More than one individual can be appointed as a Level 1 User, including a legal representative. Further information can be found in our article here: ‘Sponsorship: a closer look at the role of Level 1 User’.

Level 2 User(s) – can also be set up, but this role only allows very basic tasks to be performed on the SMS.

Depending on the size of the school, one individual can carry out all of the roles, or separate individuals can be appointed.

We generally recommend having at least two Level 1 Users. We are often appointed as a Level 1 User, which allows us to support independent schools more closely with maintaining their licence.

It is important to check the eligibility requirements for each key personnel. An application is unlikely to be approved if the individual within the organisation has, for instance, unspent criminal convictions. Full details on the key personnel roles can be found in Part 1: Apply for a licence.

Supporting documents

In support of a sponsor licence application, a minimum of four documents listed in Appendix A of the sponsor guidance will need to be provided with the application. In some instances, reference numbers can be provided – the Home Office will be able to carry out the relevant checks online (provided that the online check is free to view).

The organisation will need to work through the relevant tables in Appendix A to identify the relevant documents to be provided with the licence application. Table four provides a list of additional documents that can be provided to make up for any shortfall.

We usually recommend sourcing documents which can easily be obtained, such as:

a bank statement;
evidence of registration as an employer to pay PAYE and national insurance;
evidence of employer’s liability insurance; and
evidence of premises.

The documents must be sent to the Home Office within five working days of the licence application having been submitted and paid for.

We recommend that the organisation collates the documents prior to submitting the application, and ensures that the documents are the most up to date versions.

When making an application for a Skilled Worker Sponsor Licence, additional information will also need to be included with the application, such as details as to why the application is being made, the sector it operates in, and the opening/operating hours of the school.

Details about the jobs the organisation wishes to fill, including the job title(s) and occupation code(s), and details of the individuals identified for the roles, need to be included with the application.

Application

Once the documents are in order, an online application form will need to be prepared. This can be accessed here.

There is also a declaration regarding compliance with sponsorship duties that will need to be completed by the Authorising Officer.

Once the organisation is ready to file the application, the online form can be submitted. At this stage, they will need to pay the application fee, which is currently £536 for a small or charitable organisation or £1,476 for medium or larger organisations. Most independent schools have charitable status so pay a fee of £536.

It is important to ensure that the correct fee is selected as the application can be rejected if the fee for a small organisation has been selected, when in fact the organisation is classified as medium or large.

Time frame

Currently, it typically takes between eight to ten weeks for a sponsor licence application to be processed.

It is possible to opt for a priority service. This requires logging in to the application each morning to request this service. If there is a slot available, this will be displayed on screen, whereby the request can be progressed and payment of £500 for the service can be made. Although there can be difficulties in securing a priority slot, we have a strong track-record of doing so on behalf of our clients.

Once the payment for the priority service has been made, a decision should be made within ten working days, providing that the Home Office does not request further information or documents.

The outcome

Once the application has been processed by the Home Office, they will email the Authorising Officer confirming the grant of the Skilled Worker Sponsor Licence and the school name will be added to the Register of Sponsors.

The decision letter will include the Level 1 User IDs for the nominated Level 1 Users. It will also confirm the number of Undefined Certificate of Sponsorships (CoS) that the sponsor can assign – additional CoS can be requested at a later date, if required.

Common pitfalls

Some of the common pitfalls that we see on a regular basis with sponsor licence applications are:

failure to provide the mandatory documents as per Appendix A;
failure to provide a secure email address for key personnel;
failure to include details of the role and the individual identified to be sponsored; or
failure to pay the correct application fee.

Apply for a Skilled Worker Sponsor Licence with Carter Thomas Solicitors

The Home Office will carefully scrutinise an application for a Skilled Worker Sponsor Licence. If it does not consider that an organisation is genuine, or it considers that any of the other requirements have not been met, the application will fall for refusal. It is, therefore, essential that the application is prepared thoroughly and carefully.

When making the application, we would strongly recommend that this is planned in advance to ensure that the organisation has everything in place for when it is needed. We often find that the summer break can be a difficult time to prepare and file an application, as the relevant people may not be available, which can delay the submission of the application.

Our series on sponsorship and independent schools

Continue to follow our series on sponsorship and independent schools by subscribing to our legal updates.

We have much more to come as part of this series. Subsequent articles will focus on the cost of sponsorship, the roles that can be sponsored, the process to sponsor teachers from the UK and overseas, how to maintain a licence, and alternative options.

Skilled Worker Sponsor Licence application: How our Immigration Solicitors can help

Here at Carter Thomas, we are experienced in preparing Skilled Worker Sponsor Licence applications to ensure a successful outcome and will provide expert guidance and assistance to schools throughout the process.

If your school requires legal assistance or you would just like to discuss your situation with one of our experts, please call us or complete our enquiry form below.