Sponsor Licence Processing Time

What Counts as “Processing Time”?

For businesses applying for a UK Sponsor Licence, it is important to understand how the Home Office determines the total processing time of an application.

The processing time only starts when the following has been received:

• A complete and accurate online application form
• Payment of the Sponsor Licence fee
• All supporting documents have been uploaded

If the form is not completely correct or the paperwork is not in order, the application will not start processing, which could significantly delay the decision. The 8 weeks given as a guideline are based on the time it takes to assess a straightforward licence application. If further information is requested or a visit is required, this will add to the overall processing time.

At the end of the processing, a decision email is sent to let the applicant know if the licence has been approved or not.

The processing time does not include non-working days, so if you apply during a bank holiday, you should expect to wait a little longer for the outcome. In addition, if you apply during peak times, you may find the processing time is higher than usual.

According to Home Office guidance it takes up to eight weeks to process a sponsor licence. However, this is not a guaranteed timeframe and it could take longer to be granted a sponsor licence.

If there are delays then it can have a significant impact on a firm’s ability to attract the world’s most skilled workers as they may opt for an alternative employer who already have a sponsor licence in place.

Therefore, it is vital to ensure when applying for a sponsor licence that all paperwork submitted is correct otherwise it could be rejected and have to be resubmitted – leading to further delays.

It is advisable to seek advice from professional immigration lawyers before starting the application process to avoid any potential issues.

It is also worth noting that the sponsor licence processing time of 8 weeks is the given time for the standard processing route. There is the option to opt for a pre-priority service or fast-track option that speeds up this time frame significantly – with the latter offering a turnaround time of 10 days.

There are a number of issues that do arise when companies make a sponsor licence application and it is vital to be aware of any potential problems before embarking on the process.

One of the most common problems is the change in the Home Office processing times. While 8 weeks is the guidance given this can increase and reduce depending on the current demand. For instance, following Brexit there has been a rise in processing times because UK-based companies became required to hold sponsor licences to recruit EEA workers. In addition, EEA workers are required to hold visas, like a Skilled Worker visa, to work in the UK.

Labour shortages, especially within the health and care sector, have resulted in more applications from organisations wanting to recruit migrant workers.

Standard vs Priority Service Timelines

The standard time to process a Sponsor Licence is 6 to 8 weeks, and this does not cost anything in addition to the application fee. The estimated processing time is based on the application being complete and all supporting paperwork being submitted. If the UKVI has to contact you for more information or clarification, then this processing time will be extended.

It is possible to apply for priority processing, which reduces the time taken to make a decision to 10 working days. This costs an extra fee of £200, and there are limited slots available each day from 9 a.m. GMT.

Eligibility for the priority service depends on which route you plan to use to employ workers. The following routes are not able to opt for the fast-track service:

• Expansion Worker
• Service Supplier
• Secondment Worker
• Scale-up Worker
• Government Authorised Exchange
• International Agreement
• Seasonal Worker

Opting for the priority service only means the decision will be given in 10 working days, which does not increase the likelihood of your application being accepted.

Factors That Delay Your Application

Delays to your application for a Sponsor Licence could have significant implications for your business, including extra financial costs or losing out on employing talented workers. Therefore, you should be aware of any potential issues that could result in a longer processing time for your application.

Common reasons for delays can include:

• Incomplete or poor-quality documents – failing to support completed or the correct paperwork will mean delays as the Home Office will need to contact you to ask you to resubmit the proper evidence. You should include key information such as proof of operations in the UK.
• Complex organisation structures – if a business has a detailed structure, it can be challenging to clarify to the Home Office. This is often the case for parent/subsidiary companies or recently acquired or merged firms. To avoid delays, ensure you submit full details of any recent business changes and an in-depth organisational structure chart.
• Required compliance visit or audit – if you are informed that the Home Office needs to conduct a visit before approving your application, you should ensure you are ready. Often, visits are triggered by new companies applying for a licence. If you expect to require an audit, being prepared is key to minimising delays. Ensure all your records are up-to-date and you are set to work with the compliance officer.
• High application volumes – sometimes, applications may be delayed because UKVI is experiencing a surge in demand. If possible, try to avoid applying close to the end of the financial year as this is typically a peak period.
• Background check delays – to avoid any future surprises or issues when the Home Office conducts background checks, consider conducting your internal checks before appointing SMS key personnel.

In some cases applications can be rejected or refused because incorrect information has been supplied or vital details have been omitted from the application process. It is vital to ensure when applying for a sponsor licence that the online application form is completed correctly and all requested information is given.

The exact documentation needed can vary depending on the nature and type of application. For example, if you are applying for a sponsor licence under the Secondment Worker then you will need to provide evidence of a contact worth in excess of £50 million.

Failing to provide supporting evidence can often lead to delays so you may wish to seek advice from a immigration expert to double-check your application.

In some cases, the Home Office may wish to carry our a visit or audit before deciding whether to grant a sponsor licence. The aim of these compliance visits is to ensure that a company or organisation is following the required systems and has the correct policies in place to recruit migrant workers.

The Home Office visitor will be looking at many aspects of an company including record-keeping, employee tracking, employee data as well as ability to meet general sponsor duties.

If a compliance visit does need to be conducted then this can obviously add extra processing time to an application but it is important to agree to such visits otherwise it is highly likely the sponsor licence application will be refused.

The Home Office has introduced a new pre-licence priority service to help speed up the process of sponsor licence applications.

Opting for the priority service means sponsor licence applicants can request a fast-tracked decision by paying £500 on top of the standard sponsor licence fee. This means the application will be processed within ten working days rather than the standard 8 weeks.

Companies who wish to sponsor skilled workers via the the Global Business Mobility and Scale-Up Visa routes are not able to apply via the pre-licence priority service.

The fast-track service is for UK employers that have identified their candidates and want to issue Certificates of Sponsorship as soon as possible. There are also a number of other restrictions for those wanting to take advantage of the pre-licence priority service.

Only 30 priority slots are available per working day and they are allocated on a first come, first serve basis. Once the slots have been filled, any applicants will have to try again the following working day.

Those applying for the priority service will need to have completed a UKVI online sponsor application registration and then complete the online application form via the Sponsor Application Log-in.

After Approval – What Next?

Once you are notified that your application has been successful, you can hire workers from overseas, and your business will be listed as an approved sponsor.

Via the SMS, you will also be able to issue a Certificate of Sponsorship to workers and assign them to employees so they can apply for an appropriate UK work visa.

There is not a requirement to renew a Sponsor Licence any more, but you are required to ensure ongoing compliance with sponsorship duties; otherwise, your licence could be revoked.

What If Your Licence Is Refused or Revoked?

If your Sponsor Licence application is refused, you can not hire overseas staff. Employing foreign workers without the correct licence is illegal, and you could face financial penalties.

For companies whose licence has been revoked, this means they should not hire any additional workers, and their current sponsored workers must find an alternative employer within 60 days or leave the UK. This can have significant consequences, especially in industries where staff are a key part of the business, for example, in the care worker sector.

You will receive information from the Home Office explaining why your licence has been refused or revoked. Depending on the reason, you may be able to appeal the decision, or it may be more appropriate to submit an updated application.

Contact London Immigration Lawyers for the next steps if you have had your Sponsor Licence application denied.

Tips to Speed Things Up

Waiting for a Sponsor Licence application to be approved can be tedious, especially when filling skill shortage gaps in your operations.

There are a number of ways to ensure your application is processed as quickly as possible, including:

• Pay for priority service to get a decision within 10 working days
• Ensure you submit all Appendix A documents, such as bank statements, promptly
• Be prepared for any potential compliance visits and ensure staff are adequately trained
• Ensure all key personnel details are correct and up-to-date
• Respond promptly to any requests for further information from the Home Office

If you are hoping to get your Sponsor Licence approved as soon as possible then consider using an experienced immigration lawyer to check over your application and handle the process.