The Worker routes replaced the Tier 2 routes from 1 December 2020 and Employers who are willing to employ non-settled foreign workers or temporary workers, need to apply for Sponsorship Licence.  Also, Resident Labour Test Market requirement has been abolished for the new sponsorship licence applications.

The company should provide a valid Certificate of Sponsorship (COS) to the worker so they can make successful visa application to enter or stay in the UK. Certificate of Sponsorship (COS) is valid for 4 years but when company assign Certificate of Sponsorship (COS) to a worker, they must use it to apply for their visa within 3 months.

How to apply for Certificate of Sponsorship (COS)

-Appointing an authorising officer to manage the application and appointing a key contact to be contact between the company and Home Office.

-Complete Online Application form and pay the necessary fees.

-Send Supporting Documents to Home Office within 5 working days of submission online

Who are key personnel and why this is important?

The online sponsor application form requires company to give certain responsibilities to members of its staff, some or all of whom will have access to the sponsorship management system (SMS) after a licence is granted. These people are called ‘key personnel’ and there are 4 roles:

• authorising officer
• key contact
• level 1 user
• level 2 user

Only level 1 and 2 users will have access to the SMS. If the authorising officer or key contact requires access, they must also be set up as a level 1 or level 2 user.

How should be the key personnel?

• Based in the UK
• Not have any unspent criminal convictions
• Be a paid member of the company or engaged by ‘office holder’ by employer

How shouldn’t be the key personnel?

• Company representative who is not based in the UK
• a contractor or consultant who is contracted for a specific project
• 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

Who should be nominated as an Authorising Officer?

The most senior person in organisation who will be responsible for the recruitment of all migrant workers and ensuring that you meet all of your sponsor duties.

Does Key Contact and Authorising Officer have an automatic access to the SMS?

No, they will need to be set up as a level 1 or level 2 user to access to the Sponsorship Management System (SMS)

Can Authorising Officer and Key Contact be the same person?

Yes, same person can be nominated as an authorising officer and key contact

Can company assign CoS to their relatives?

No, employers cannot assign CoS to their following relatives

• a spouse or civil partner
• an unmarried or a same-sex partner
• a parent or step-parent
• a son or step-son
• a daughter or step-daughter
• a brother, step-brother or half-brother
• a sister, step-sister or half-sister
• a nephew, niece, or cousin
• an aunt or uncle
• a father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law