When applying for a sponsor licence, the organisation must nominate individuals who are referred to as ‘Key Personnel’. These individuals are named on the licence and are responsible for managing it. Solicitor Gordana Gligorevic explores the role of a Level 1 User.
The Key Personnel roles include the Authorising Officer, Key Contact, Level 1 User and Level 2 User. The same person can be nominated to fill all the roles or different people can be appointed for different roles.
The Level 1 User is responsible for day-to-day management of the licence using the Sponsor Management System (SMS). This contains information about the organisation’s licence and acts as a portal between the organisation and the Home Office.
How many Level 1 Users can be appointed?
In order to meet the sponsor duties under the licence, the organisation must have at least one Level 1 User in place at all times during the life of the licence.
Once the licence is granted, the existing Level 1 User can add additional Level 1 Users on the SMS. The organisation should consider how many Level 1 Users to appoint, to ensure they have enough to cover any periods of leave or sickness, but not appointing more than is necessary for the effective and secure operation of the business.
Who can be a Level 1 User?
When applying for a sponsor licence, the organisation must nominate one Level 1 User, who must be a paid member of staff. This means an employee, director or partner, or someone engaged as an ‘office holder’ for the organisation, such as a company secretary, registered director, board member or a trustee.
Any additional Level 1 Users must be employees or office holders if they are from the organisation. It is also possible to appoint an individual outside the organisation such as a UK-based representative, providing at least one Level 1 User is an employee or office holder of the organisation. Employees of a third-party organisation engaged by the licence holder to deliver all or part of the HR functions for the business can also be Level 1 Users.
The Level 1 User must not be any of the following:
- a representative who is not based in the UK
- a contractor
- a consultant who is contracted for a specific project
- a temporary staff member supplied to the organisation by an employment agency
- subject to a Bankruptcy Restrictions Order or Bankruptcy Restrictions Undertaking
- subject to a Debt Relief Restrictions Order or Debt Relief Restrictions Undertaking
- legally prohibited from being a company director
What if the organisation has no functioning Level 1 Users?
If the organisation does not have any Level 1 Users in place after the licence has been granted, for example, if the only person who held the position has left the business, that will mean that they cannot fulfil their duties as a sponsor. The Home Office could suspend or revoke the licence.
Therefore, if the organisation has only one Level 1 User who is due to leave or is no longer able to manage their Level 1 User responsibilities, it is important that another suitable individual (an employee or an office holder) is appointed as the new Level 1 User.
What to consider when appointing a Level 1 User?
The organisation must always have a minimum of one Level 1 User who is a settled worker (with limited exceptions). This includes individuals who have obtained ‘settled status’ (indefinite leave to remain) or ‘pre-settled status’ under the EU Settlement Scheme (EUSS).
Level 1 Users must be based in the UK and must not have any criminal convictions or civil penalties. The Home Office will perform checks on new Level 1 Users before they give them access to the SMS, including checking immigration records and the Police National Computer. The checks may be repeated at any time during the life of the licence. Convictions or penalties should be kept under review and may require changes to be made.
What can Level 1 Users do?
The Level 1 Users will have full access to the SMS and should access their SMS account regularly.
Level 1 Users can perform the following actions in the SMS:
- view information about the licence and Key Personnel
- assign a Certificate of Sponsorship to a migrant worker
- request an increase in CoS allocation
- withdraw a CoS
- add more Level 1 Users and add Level 2 Users to the SMS, or remove them
- change user details
- report any minor changes to the organisation’s details
- report any changes of circumstances including change of main work address
- report changes to sponsored worker’s employment details, i.e. change of job title, salary, working hours or work location
- report worker activity, i.e. inform the Home Office if a worker goes missing or does not come to work
- apply to renew the sponsor licence and track progress of the application
It is recommended that Level 1 Users access their SMS account at least once every month to review and update the licence details, if required. They should also check the UKVI message board (which appears as soon as log-in details are entered) and keep up to date with the latest news and any changes that may be coming up.
How our Immigration Solicitors can help
Our immigration experts act as Level 1 Users for the majority of our sponsor licence clients. This means that they can update the system as needed for the organisation. They also provide legal advice and guidance on the sponsor duties generally, assign CoS and prepare visa applications for workers who need to be sponsored.
If you require legal assistance or would just like to discuss your situation with one of our experts, please contact us or complete the enquiry form below.
