The latest Sponsor Guidance aims to simplify what is regarded as a criminal conviction. The Guidance lists the relevant offences which provides a much clearer picture as to what is regarded as a criminal offence for Sponsors.
The Home Office will refuse your application for a sponsor licence if checks that they undertake reveal that you Key Personnel including your Authorising Officer, Key Contact and Level 1 Users have unspent criminal convictions for the following relevant offences:
Relevant offences are:
any offence under
- the Immigration Act 1971;
- the Immigration Act 1988;
- the Asylum and Immigration Appeals Act 1993;
- the Immigration and Asylum Act 1999;
- the Nationality, Immigration and Asylum Act 2002;
- the Immigration, Asylum and Nationality Act 2006;
- the UK Borders Act 2007
- trafficking for sexual exploitation
- any other offence listed in Appendix B.
- and any offences of espionage/terrorism
- dishonesty (theft, corruption, deception and fraud)
- proceeds of crime
- money laundering
- abuse and neglect of children (applies only for Tier 5 (Creative and Sporting)
The checks for criminal convictions may be repeated at any time during the life of the licence as well and when new individuals take up any of the Key Personnel roles. The licence will also be refused if the Key Personnel has been issued with a civil penalty. Your licence will also be revoked if a Key Personnel is convicted of a relevant offence above.