Sponsorship Management Roles
As part of the sponsor licence application process, the organisation is required to identify "key personnel" who will be given varying levels of access to the sponsor management system (SMS) if a licence is granted.
Types of roles
There are four key roles:
Authorising Officer (AO)
The AO ensures that the sponsor meets all its sponsor duties and has overall responsibility for the actions of the staff and representatives who operate the SMS on its behalf. The person nominated for this role must be the most senior person in the organisation responsible for the recruitment of all migrant workers. The AO is also responsible for deciding how many of the organisation’s staff need to have access to the SMS and what level of permission they can have.
The AO does not have automatic access to the SMS. If they require access to the system, they will need to be set up as a Level 1 or Level 2 user, as well as being an AO.
Key contact
The key contact acts as the main point of contact between the sponsoring employer and the Home Office. The key contact does not have automatic access to the SMS. If they require access, they will need to be set up as a level 1 or level 2 user.
Level 1 user
Level 1 users are responsible for carrying out day-to-day sponsorship activities using the SMS.
Level 1 users can use the SMS to:
- assign CoS to workers
- ask for an increase in the number of CoS the sponsor can assign
- ask for more Level 1 users and add Level 2 users to the SMS or remove them
- withdraw CoS
- inform the Home Office of sponsor change of circumstances
- report worker activity – for example, inform the Home Office if a worker goes missing or does not come to work
- inform the Home Office of changes to work addresses
- view information about sponsor licence and key personnel
- apply to renew sponsor licence and track the progress of the application.
The level 1 user can be the same person as the authorising officer or be another person from the organisation.
Organisations can only nominate one level 1 user at the time of applying for a sponsor licence and they must be an employee, director, or partner. Once the organisation is granted a licence it can use the SMS to nominate more Level 1 users. If an organisation has one level 1 user, any additional level 1 user must be one of the following:
- a paid staff member or office holder within the organisation
- an employee of a third-party organisation engaged by the organisation to deliver all or part of the HR function
- a UK-based representative.
Sponsor must have at least one Level 1 user in place at all times during the life of their licence. There must always be at least one level 1 user who is a settled worker unless the sponsor is a diplomatic mission or international organisation licensed under the International Agreement Worker route, or the AO is a person with valid entry clearance or permission to stay as:
- a Representative of an Overseas Business
- a Tier 1 (Graduate Entrepreneur) migrant
- a Tier 1 (Entrepreneur) migrant
- a Tier 1 (Exceptional Talent) migrant
- a Start-up migrant
- an Innovator
- a Global Talent migrant
- a UK expansion worker
Level 2 user
Level 2 users have fewer permissions than Level 1 users. Level 2 users can create and assign CoS to workers, report worker activity to the Home Office in respect of any CoS they have personally created and assigned, or which have been transferred to them by a level 1 users. Level 2 users cannot report on CoS assigned by Level 1 users.
A level 2 user may be any of the following:
- a paid staff member or office holder within the organisation
- an employee of a third-party organisation engaged by the organisation to deliver all or part of the HR function
- a temporary staff member supplied by an employment agency
- a UK-based representative.
They must not be:
- a contractor
- a consultant who is contracted for a specific project
- an undischarged bankrupt.
Sponsorship Licence legal representatives as key personnel
Many sponsors want to appoint their legal representatives as key personnel in order to instruct them to efficiently manage the sponsor licence. According to the Home Office guidance a sponsor licence holder can appoint and allocate key personnel roles to a legal representative except for the authorising officer.
To find out how we can assist with your sponsor licence application or its management, please arrange a phone call, face-to-face meeting or online Web conferencing such as Zoom or Teams.
Suitability of Key Personnel
The key personnel must satisfy certain suitability requirements, including the following:
- They must be based permanently in the UK.
- They must be paid members of staff or engaged as “office holders”, subject to the following exceptions:
- a level 1 or level 2 user can be an employee of a third-party organisation to whom HR functions have been outsourced. However, the guidance is clear that sponsors must have at least one level 1 user who is an employee, partner, or director
- a level 2 user can be a member of staff supplied by an employment agency
- an ‘overarching’ sponsor licensed under Government Authorised Exchange can appoint level 2 users within the individual organisations taking part in the exchange programme
- any key personnel role may be filled by an insolvency professional where the sponsor has gone into administration, liquidation, or administrative receivership
- a UK-based representative can fill any of the key personnel roles apart from the AO.
- They should not have been named as key personnel for any sponsor whose licence has been revoked within the last 12 months.
- They must not have an unspent criminal conviction.
- They must not have an undischarged bankruptcy or debt relief order or undertaking.
- They must not be a consultant or other individual contracted for a specific project.
- A legal representative cannot be the AO, but can be a key contact, level 1 or level 2 user. A representative must be based in the UK.
It is important to note that level 1 or 2 user ID is personal to an individual. It is essential that the user does not disclose their password to another individual or share their login with a colleague. To do so would risk revocation of the licence.
How can we help you in managing your sponsor licence?
Sponsors need to ensure key personnel are appointed and trained to carry out their responsibilities effectively.
At Tennyson Monroe Solicitors, we offer training for key personnel to ensure that they are kept updated on any changes which may affect your business.
To find out how we can assist with your sponsor licence application or its management, please arrange a phone call, face-to-face meeting or online Web conferencing such as Zoom or Teams.