Regardless of whether you are applying for a Tier 2 (General) licence or a Tier 2 (Intra Company transfer) licence, as part of your sponsor application you must assign key roles to people in your organisation who will organise and maintain the sponsor licence on the SMS. You can assign these roles to a single person or to a combination of different people. The roles include:
- Authorising officer
- Key contact
- Level 1 user
- Level 2 user
Your authorising officer must be an employee of the company and should be the most senior person with authority to hire migrant staff. While they are responsible for sponsor licences, they do not carry out the day-to-day activities.
This person normally acts as the key contact between yourselves and the Home Office.
Level 1 and 2 users
Level 1 and level 2 users undertake the day-to-day activities, including organising and maintaining the sponsorship licence. They are responsible for, among other tasks, assigning and withdrawing Certificates of Sponsorship to employees.
Depending on the size of your organisation, you may require a level 2 user. Their access is restricted, while level 1 users have full access.
You must appoint an employee of the company as your level 1 user when applying for your licence. After your licence is granted you can appoint additional level 1 users, including external representatives, but you must have at least one employee as a level 1 user at all times.
As a licensed Sponsor you’ll have a variety of duties. Failure to meet your responsibilities can lead to your sponsorship licence being revoked, downgraded to a B-rating or financial penalties.
If your sponsor licence is revoked, then it will impact your ability to employ any overseas (migrant) workers in the future. Failure to carry out duties leading to employing someone illegally can result in a civil penalty/ fine of up to £20,000 per worker.
- Record keeping: at all times you must keep a photocopy or electronic copy of the relevant page of each sponsored migrant's passport or Biometric Residence Permit and contact details. You must be ready to provide this information to the Home Office upon request.
- Reporting: using the SMS, you must report within 10 working days if a sponsored migrant does not turn up on their first day of work, if their contract is terminated early, if they are absent from work for more than 10 days without your permission, or if there are significant changes in their contract of employment such as a promotion or a change in core duties.
- Ensuring compliance with the law: you must only assign Certificates of Sponsorship to migrants you believe will meet the requirements of the category you are assigning it to.
Full details of the record keeping and reporting compliance obligations are in the Tier 2 and 5: Policy Guidance for Sponsors - see link below
Certificate of Sponsorship
You can also use the SMS system to renew your annual allocation of unrestricted Certificates of Sponsorship. The annual allocation expires every 5 April and you can request a new allocation from 5 January onwards to ensure you have Certificates in place for the start of the new financial year.