Section A: Overview of Sponsor Licence Key Personnel
When you apply for a sponsor licence from UK Visas and Immigration (UKVI), the online application will require you to give certain roles and responsibilities to members of staff, some or all of whom will be able to access the Home Office sponsorship management system (SMS) after your licence is granted. This essentially means that you will need to nominate people within your business to manage the sponsorship process on your behalf.
For the purposes of your licence application, you will initially need to select a permanent employee, director or partner to fill one or more of the following key personnel roles:
- Authorising officer: a senior and competent individual within your organisation responsible for the actions of all members of staff or any representatives using the SMS
- Key contact: your main point of contact with UKVI
- Level 1 user or level 2 user: responsible for all day-to-day licence management using the SMS
The authorising officer or key contact will not automatically gain access to the SMS, unless they are also appointed as a level 1 (or level 2) user. Importantly, the three initial key personnel roles named on your application can either be undertaken by the same person or different people, although there can only ever be one authorising officer and key contact. You can appoint additional level 1 users post-licence.
In summary then, sponsors must appoint an Authorising Officer, a Key Contact, and at least one Level 1 user. Level 2 users remain optional and may be added after licence approval.
It is possible for a single individual to hold more than one of the key personnel roles, provided they meet the eligibility criteria for each. For example, the same person could act as Authorising Officer, Key Contact and Level 1 user. This can be practical for smaller sponsors with limited staff, but it concentrates responsibility and creates risk if that individual leaves the organisation or becomes unavailable. The Home Office does not relax the compliance obligations because one person holds multiple roles, the sponsor remains fully accountable.
Larger organisations often spread the roles across several people. This approach provides resilience, avoids dependency on a single individual, and allows responsibilities to be allocated to those with relevant expertise. It also helps demonstrate to UKVI that the organisation has adequate HR systems and resource to support its sponsor duties. Whichever structure is chosen, sponsors should ensure that at least one eligible Authorising Officer and Level 1 user are in place at all times.
1. Role of key personnel in sponsor licence compliance
The key personnel that you appoint to certain roles will not only be responsible for using or overseeing the SMS, or liaising with UKVI, but for overall immigration compliance within the organisation. As such, it is recommended that all key personnel appointed to one of these roles, especially the authorising officer, familiarise themselves with the associated wider duties and on how to be a compliant sponsor as set out in UKVI’s sponsor guidance.
The sponsor guidance is frequently amended and updated, where sponsor licence-holders should ensure that those responsible for the maintenance of their licence regularly review the latest guidance in order to ensure that they are up-to-date with their sponsor licence key personnel duties. These immigration compliance responsibilities include:
- Record-keeping duties: per Appendix D, retain any documents submitted as part of the sponsor licence application, together with documents relating to each migrant worker sponsored, including proof of their right to work in the UK and their up-to-date contact details;
- Reporting duties: to report certain information or events to UKVI using the SMS within a specified timeframe, for example, any changes to a sponsored worker’s employment, such as if they are dismissed, or certain migrant worker activities, such as non-attendance, as well as any significant changes in the structure of the organisation itself;
- Monitoring duties: to monitor the attendance and absences of any migrant workers sponsored by the business, and to also monitor their immigration status in order to prevent illegal working where they have a time-limited right to lawfully work in the UK.
SMS users must not assign a Certificate of Sponsorship to themselves or to a close relative or partner, including a spouse, civil partner, unmarried partner, parent or step-parent, son or step-son, daughter or step-daughter, brother, step- or half-brother, sister, step- or half-sister, aunt, uncle, nephew, niece, cousin and in-laws.
On the UK Expansion Worker route while the licence is provisional, the AO who must also be the initial Level 1 user may assign a CoS to themselves to enter the UK.
3. Penalties for breaches
Holding a sponsor licence is a privilege not a right, where employers must play their part in ensuring that the immigration system is not abused. Significant trust is placed in a sponsor, where you must ensure that you comply with the UK’s immigration law and not behave in such a way that is not conducive to the wider public good. As such, if your sponsor licence key personnel duties are not met, compliance action may be taken against you.
Failure to comply with licence management duties can result in Home Office enforcement action, such as downgrading, suspension or revocation of the licence. For example, failing to keep an eligible Authorising Officer and at least one eligible Level 1 user in place is a mandatory ground for revocation, without a downgrade-first step.
Importantly, if UKVI are considering taking action against you, you will be responsible for anything done by anyone set up as an SMS user, as well as the actions of your Authorising Officer or Key Contact. As such, you must ensure that anyone appointed to any one or more of the key personnel roles is both suitable and reliable, and fully understands the importance of meeting their sponsor licence key personnel duties. If you fail to meet your sponsor responsibilities, you could see your CoS allocation limited, unused CoS allocations withdrawn, or your licence may be downgraded, suspended or revoked.
a. Sponsor licence downgraded
UKVI may downgrade your sponsor licence from an A to B-rating if, for example, they think that you do not have the necessary processes in place to be able to comply with your sponsor duties. In general, UKVI will only downgrade your licence for fairly minor breaches that they believe can be resolved by issuing an action plan. In more serious cases of non-compliance, UKVI will suspend or revoke your licence instead.
If UKVI downgrades your licence, to be able to get this upgraded you will be required to comply with and pay for a time-limited action plan. You will also not be allowed to sponsor any new migrant workers until you have regained your A-rating.
b. Sponsor licence suspended
If UKVI believes that you are breaching your sponsor duties or pose a threat to immigration control in the UK, or are engaging in conduct that is not conducive to the public good, they may suspend your sponsor licence whilst making further enquiries.
You will not be allowed to assign any CoS during the period in which your licence is suspended. You must also continue to comply with all sponsor licence key personnel duties and any wider compliance requirements throughout the period of suspension.
c. Sponsor licence revoked
If your licence is revoked, you cannot sponsor new workers and UKVI will normally cancel permission for sponsored workers. You will face a cooling-off period of 12 months from the date of the revocation notice before re-applying. The cooling-off may be 24 months if there has been more than one revocation, or if a person named as key personnel has been associated with more than one revoked licence.
DavidsonMorris Strategic Insight
Through the key personnel system, the Home Office is imposing a uniform framework for sponsors to divide compliance responsibilities. The sponsor can decide whether to nominate across several people or a single individual.
Don’t make the mistake of assigning the roles by job title alone. Sponsors familiar with the regime will know to look beyond job descriptions and focus on skills, capability and knowledge. So, the Authorising Officer has be senior enough to have overall oversight but not so senior that they’re disengaged or ceremonial, and a Level 1 user who is too junior, inexperienced or unsupported will be a high compliance risk if they are left to manage the SMS on their own.
Section B: Key Personnel Roles
Each of the key personnel roles under a sponsor licence carries different responsibilities and levels of system access. The Home Office requires sponsors to nominate an Authorising Officer, a Key Contact and at least one Level 1 user. These roles are not interchangeable, and the way they are allocated has a direct impact on how effectively and compliantly the licence is managed. For smaller sponsors, roles are often combined in one person, while larger employers may divide duties across several individuals to reduce risk and maintain resilience. Understanding the function of each role is vital to avoiding breaches and ensuring the organisation remains in good standing with the Home Office.
| Role | Core responsibilities | SMS access | Appointment requirement |
|---|---|---|---|
| Authorising Officer (AO) | Overall responsibility for the licence, oversight of compliance, and accountability for activities carried out by SMS users and representatives. | No automatic access. Add as Level 1 or Level 2 if system access is required. | Exactly one AO must be in place at all times. |
| Key Contact (KC) | Main liaison with UKVI for application queries, documents, payments, and routine correspondence. | No automatic access. Add as Level 1 or Level 2 if system access is required. | Exactly one KC must be in place at all times. May be the same person as the AO if eligible. |
| Level 1 User | Day-to-day licence management on the SMS, including assigning CoS, reporting changes, managing users, and updating licence details. | Full operational access to the SMS. | At least one Level 1 must be maintained at all times. The primary Level 1 must be an employee, director, or partner and a settled worker unless an exemption applies. |
| Level 2 User | Support with limited tasks such as creating and assigning CoS and reporting activity on CoS they created and assigned. | Limited permissions. Cannot make organisation-level changes or manage users. | Optional. Can be added after the licence is granted, as required. |
1. Authorising Officer (AO)
When applying for a sponsor licence you must appoint an Authorising Officer. And you must have one at all times whilst you hold a licence. If you fail to have an Authorising Officer in place at any point, or have one who doesn’t meet UKVI requirements (e.g they’re not based in the UK) your licence can be suspended, downgraded or revoked.
When the Points Based System was first introduced the Home Office required the Authorising Officer to be a senior member of staff. UKVI has since recognised that it is not generally helpful or practicable to have an Authorising Officer who is so senior in the company that they have no involvement with recruitment or immigration and therefore are unable to answer many of UKVI’s queries. The requirement was therefore amended so that for new licence applicants their Authorising Officer had to be the “most senior person responsible for the recruitment of all migrant workers and ensuring that sponsor duties are met”.
If there is more than one person who could fill this role, the sponsor can decide who to appoint. Whoever you nominate, you must be sure that they fully understand the importance of the role.
The authorising officer should be responsible for the recruitment of all migrant workers in your organisation and ensuring that you meet all your sponsor duties. This means that you must have an acting authorising officer throughout the lifecycle of your licence.
The Authorising Officer will be UKVI’s first and primary point of contact with your organisation. They will receive e-mails concerning issues such as changes to sponsors’ duties, or the need to renew Certificates of Sponsorship.
They are also required to authorise most of the changes or updates you might make to your licence (e.g notifying UKVI that you’ve opened a new branch). They do this by signing the Submission Sheet that will be generated whenever you submit a notification of change via the Sponsorship Management System (SMS). SMS changes which only require digital approval (e‑signature) no longer generate a PDF submission sheet. The sheet is still required when supporting evidence must be emailed (e.g. change of legal entity).
The AO does not have automatic SMS access and must be added as a Level 1 or Level 2 user if access is required.
The individual appointed as authorising officer will be responsible for deciding how many members of staff need to have access to the SMS, what level of permission they should have and for the activities of all SMS users. The SMS will allow you to carry out all day-to-day activities and to report any changes to UKVI. You will also use it, amongst other things, to manage your licence or services, to create and assign Certificates of Sponsorship (CoS) to migrant workers that you wish to sponsor, and to report any change of circumstances in relation to your sponsored workers, including withdrawal of sponsorship.
The AO is responsible for limiting the number of SMS users to those strictly necessary and must ensure that all SMS users comply with UKVI’s requirements for using these online functions, so you must have a system in place for them to check these activities. It is recommended, for example, that CoS assigned to migrant workers are checked at least once each month. You will need to assign a valid CoS to anyone you wish to sponsor before they will be able to apply to UKVI for a visa.
As the authorising officer is ultimately responsible for the conduct of all SMS users, it is also recommended that you do not have more level 1 and 2 users than you really need, provided you have sufficient users to cover periods of annual, sick or other kinds of leave.
2. Key Contact (KC)
Your Key Contact is, as the name implies, the UKVI’s other main point of contact for the sponsor licence. UKVI will contact them in the event that they have queries about your sponsor licence application, the documents submitted or the payment.
If the Home Office has any concerns about your sponsor licence application, this may trigger a UKVI pre-licence compliance visit or the Home Office may also conduct an immigration audit at random once a sponsor licence has been granted; the key contact will play a key role in either of these scenarios, along with the authorising officer. In many cases, the key contact and the authorising officer will be the same person, given that the authorising officer is responsible for overseeing the sponsor licence and ensuring that the organisation is compliant with the sponsor licence key personnel duties.
As the individual acting as the main point of contact between UKVI and your business, the key contact will be responsible for addressing any queries that UKVI may have about your sponsor licence application, the documentation sent or any payments. As the point of contact with UKVI, you must have a key contact in place for the duration of your licence.
The Key Contact also 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.
3. Level 1 User
Your Level 1 users will be the people who are doing your day-to-day immigration work.
They have full access to the Sponsorship Management System (SMS), which means they can:
- Undertake routine sponsorship activities, including assigning Certificates of Sponsorship, reporting sponsored worker activity, requesting increases to your CoS allocation, and applying for defined CoS where required.
- View information about your licence, notify UKVI of changes to your organisation.
You must always have at least one Level 1 user in place, who can access the SMS to carry out these tasks, and you must maintain at least one Level 1 user who is an employee, director or partner of the sponsoring entity and a settled worker.
Where the Authorising Officer holds valid permission under certain routes (for example, Representative of an Overseas Business, Innovator Founder, Global Talent, or UK Expansion Worker), the primary Level 1 User does not need to be a settled worker.
Certain organisations on the International Agreement route (for example, diplomatic missions, consular posts or international organisations) are exempt from the “settled worker” requirement for their primary Level 1 user.
Diplomatic missions, consular posts, or international organisations licensed under the International Agreement Worker route are exempt from this requirement.
In your sponsor licence application, you may nominate more than one Level 1 user, and you can add further Level 1 users after the licence is granted.
Once your licence has been granted you can appoint more Level 1 users, including your representative or other members of staff. UKVI recommend that you keep numbers to the minimum necessary for effective business operation.
As with the other key personnel roles, you must have at least one active level 1 user in place at all times for the duration of your sponsor licence, where it will not be possible for you to meet your sponsor duties without one. At least one active Level 1 user must be an employee, director or partner and a settled worker, unless a published exemption applies. Additional level 1 users can be individuals outside of your organisation, such as a UK-based representative or an employee of a third-party organisation engaged by you to deliver all or part of the HR functions for your business.
As the individual responsible for carrying out all day-to-day sponsorship activities using the SMS, a level 1 user can perform all of the following actions using that system:
- assign CoS to migrant workers
- ask for an increase in your CoS limit, ie; the number of CoS you can assign
- ask for more level 1 users and add level 2 users to the SMS, or remove them
- tell UKVI about minor changes to your details
- tell UKVI about any change of circumstances
- report worker activity to UKVI, for example, if a worker leaves the business, is missing or does not come to work
- withdraw CoS
- tell UKVI of any change to work addresses
- change user details
- view information about your sponsor licence and key personnel
- access key messages posted by UKVI
- apply for premium customer service, and again track the progress of that application.
Any SMS level 1 user should also access your online account at least once every month to regularly review and update your licence details, and to keep up-to-date with messages and news of any changes that may be coming up. Your SMS account has a message board where UKVI post useful messages, such as updates to the official sponsor guidance.
4. Level 2 User
A level 2 user is an SMS user with fewer permissions than a level 1 user. This basically means that they have more restricted access when using the SMS, for example, they cannot withdraw a CoS issued to a migrant worker, or report any changes about your organisation, where these tasks can only be done by level 1 users. You can appoint as many Level 2 users as you need once your licence is in place.
Level 2 users can perform the following SMS actions:
- Create and assign CoS to migrant workers
- Report migrant worker activity to UKVI in respect of any CoS that they have personally created and assigned
They cannot:
- Access your general licence information
- Report any changes to the organisation
- Report on a CoS created by a Level 1 user unless it has been transferred to them first
DavidsonMorris Strategic Insight
In practice, it’s common for the roles to become blurred, particularly in smaller organisations where one person takes on multiple key personnel functions. However, the Home Office expects absolute clarity in responsibilities and oversight. Strategic allocation of duties and SMS access across more than one competent individual is vital in the event of absence or staff exits.
Regardless of how responsibilities are divided, the sponsor retains accountability for the licence and compliance. Training and ongoing support for key personnel are therefore non-negotiable.
Section C: Who can be Appointed as Key Personnel?
There are certain requirements that all of your key personnel must meet.
In the guidance, the term “you/your” now includes owners, directors, designated key personnel and any individual recorded at Companies House as a Person with Significant Control (PSC). Conduct by a PSC can affect sponsor licence decisions, so sponsors should ensure PSCs meet suitability expectations and are available for verification checks.
Key personnel have to meet the following:
1. Based in the UK
For the duration of the period that they fill one of the licence roles they must be permanently based in the UK. In other words even if your UK company is a subsidiary or branch of an overseas company and your HR function is based outside the UK you must still appoint someone based in the UK.
Key personnel must hold a UK National Insurance number unless a published exemption applies.
Note that if the business is applying on the UK Expansion Worker route, the AO (and initial L1) may be overseas until they enter on their own CoS.
2. Free from criminal convictions
UKVI will check Authorising Officers, Key Contacts and Level 1 users for unspent criminal convictions at the time of your licence application, and can check at any point after that during the life of your Licence.
The Home Office will refuse your application for a sponsor licence if checks that they undertake reveal that your Key Personnel, including your Authorising Officer, Key Contact and Level 1 Users, have unspent criminal convictions for offences under or relating to:
- 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
- Any offences of espionage/terrorism
- Dishonesty (theft, corruption, deception and fraud)
- Bribery
- 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.
3. In most cases a paid member of staff or an office holder
With some exceptions (detailed below) all key personnel must be paid employees or office holders of the company. Office holders include the Company Secretary, Directors and owners of the company.
4. Exceptions
If you contract out some or all of your HR functions to another company or organisation you can appoint an employee of that organisation as a Level 1 or Level 2 user on your licence. You must still have at least one Level 1 user who is an employee or office holder of the licence-holding company.
A UK-based legal representative can fill any key personnel role except the role of Authorising Officer.
5. Appointing external advisers as key personnel
There are limited circumstances where external advisers can be appointed to key personnel roles. The most common situation is where a sponsor contracts out part or all of its HR function. In that case, an employee of the external HR provider may be appointed as a Level 1 or Level 2 user, provided they are UK-based and meet all suitability checks. This can give smaller organisations access to specialist resource, but it does not transfer liability. The Home Office will continue to hold the sponsor accountable for any errors or breaches made by the external user.
A UK-based legal representative can also be appointed to any key personnel role other than Authorising Officer. This arrangement is often used where the sponsor wants continuity of oversight by an immigration adviser. The Authorising Officer role itself, however, must always be filled by a senior person within the sponsoring organisation, not an external party. Where an external adviser is appointed as a Level 1 or 2 user, sponsors should ensure robust service level agreements are in place, with clear lines of responsibility, reporting timetables and escalation procedures. Regular monitoring is vital, as the Home Office will not accept arguments that mistakes were the adviser’s fault rather than the sponsor’s.
6. Who cannot be appointed as key personnel?
None of your key personnel can be:
- A representative who is not based in the UK
- A contractor or consultant who is contracted for a specific project
- Subject to a Bankruptcy Restriction Order, or Undertaking
- Subject to a Debt Relief Restriction Order, or Undertaking
- Legally prohibited from being a company director
Note also that UKVI may refuse an application where any of the key personnel were involved with a sponsor institution whose licence has been revoked within the last 12 months.
| Role | Must be | Cannot be | Exceptions |
|---|---|---|---|
| Authorising Officer (AO) | Senior person responsible for recruitment and compliance, permanently based in the UK, with a UK National Insurance number unless exempt. | External representative, contractor, bankrupt or disqualified director, person with unspent immigration/financial convictions. | None. Must always be an employee, partner or director of the licence-holding organisation. |
| Key Contact (KC) | Main point of contact with UKVI, UK-based, with secure personal email, normally an employee or office holder. | Overseas representative, short-term contractor, individual with relevant convictions or civil penalties. | Can be the same person as the AO if eligible. May also be a UK-based legal representative. |
| Level 1 User | Employee, director or partner, UK-based, with National Insurance number unless exempt. At least one must be a settled worker. | Overseas representative, consultant contracted for a project, or individual with relevant convictions/penalties. | If the AO holds valid leave in certain visa categories (e.g. Global Talent, Innovator Founder, UK Expansion Worker), the primary Level 1 does not need to be settled. Diplomatic and international organisations on the International Agreement route are also exempt from the settled worker rule. |
| Level 2 User | UK-based individual appointed after grant, can be staff or representative, limited SMS permissions. | Overseas representative or project-only consultant, person with disqualification or convictions. | May be an employee of an external HR provider contracted by the sponsor, or a UK-based legal representative. |
DavidsonMorris Strategic Insight
Before appointing anyone as key personnel, you first have to check they’re eligible under the sponsor rules. The Home Office carries out its own suitability vetting of key personnel as part of the licence application processing (and also during the life of the licence), so it is safer to catch any issues first and screen before you appoint. Make sure they have a National Insurance Number (unless exempt) and check for criminal convictions, civil penalties or past links to revoked licences. Issues like these can result in a licence refusal or cancellation.
Section D: Changing Key Personnel on your Sponsor Licence
You must provide contact details for all key personnel at the time of your licence application and if any changes occur subsequently.
The contact address for each key person must be your main address, a licensed branch or head office, or your representative’s business address. If your organisation moves, update the key personnel contact details and the licence address. All email addresses must be secure and personal to the named individual, not shared mailboxes or group accounts.
A common area of risk for sponsors is ensuring that the key personnel roles are always filled and that their contact information is kept up to date on the SMS.
If an appointed individual takes a period of extended leave or leaves the organisation altogether, or if they change their job in the company and they are no longer suitable to act as key personnel, the employer has a duty to ensure that a suitable replacement is appointed and that this change is reported on the SMS by updating their contact details. This should be actioned within 20 days of the change.
Failure to report the change and the keep the SMS updated can result in enforcement action.
Guidance issued in March 2023 advises that requests submitted from the SMS to replace the AO or KC, and add new Level 1 users, will be fulfilled immediately, subject to certain criteria being met.
These criteria are if the postcode of the address stated for the new AO, KC or Level 1 User matches either the postcode of the sponsor’s main organisation address or that of its head office address or, for KCs and Level 1 Users, the postcode of a legal representative organisation that it has told the Home Office is acting on its behalf. Also, the licence must be fully active and the sponsor must be an A rated sponsor.
If these criteria are not met, the request will be considered manually, in the usual way. Relevant checks will still be carried out further to automatic decisions.
| Change event | Reporting deadline | How to report | Risk of failure |
|---|---|---|---|
| Authorising Officer leaves or becomes ineligible | Within 20 working days | Submit “request change” via SMS and provide supporting evidence | Mandatory ground for revocation if no eligible AO is in place |
| Key Contact changes | Within 20 working days | Update details through SMS | Suspension or downgrade if left unreported |
| Primary Level 1 User leaves or becomes ineligible | Within 20 working days | Update on SMS; replacement must be an employee, director or partner and a settled worker (unless exemption applies) | Revocation if no eligible L1 remains in place |
| Additional Level 1 or Level 2 Users added or removed | Within 20 working days | Submit update via SMS | Non-compliance finding, possible audit trigger |
| Contact details of key personnel change | Within 20 working days | Amend contact details on SMS | Downgrade or action plan if uncorrected |
DavidsonMorris Strategic Insight
Outdated personnel information is a common breach identified during Home Office compliance checks. Changes in role, exits or extended absences can all expose the organisation to enforcement action if the SMS is not updated. It’s easy to be distracted by day-to-day operations, but where a change affects a key personnel role, you have to appoint a replacement and report the change on the SMS within 20 working days.
And remember – at all times you have to have a Level 1 user and Authorising Officer in place or the licence is at risk of automatic revocation.
Section E: Summary
The system of key personnel is central to how the Home Office maintains control and oversight of the sponsorship regime. Every sponsor must nominate an Authorising Officer, a Key Contact and at least one Level 1 user. These roles are not box-ticking formalities. The individuals chosen carry legal and practical responsibility for ensuring the sponsor licence is operated in line with immigration rules and the sponsor guidance. Their actions, or failures to act, will be attributed to the organisation and can expose it to enforcement measures ranging from action plans and downgrades through to suspension or mandatory revocation.
Each role has its own function. The Authorising Officer is accountable for the licence overall and must be senior, competent and UK-based. The Key Contact acts as the main liaison with UKVI and is the first line for official correspondence and queries. Level 1 users manage day-to-day activity through the Sponsorship Management System, with optional Level 2 users available for more limited operational support. The Home Office imposes suitability criteria on all key personnel, including checks for criminal convictions, bankruptcy restrictions and association with previously revoked licences. In addition, at least one Level 1 user must be a settled worker, with only narrow exemptions.
Employers should approach these appointments with care. Strategic selection, training and succession planning for key personnel is fundamental to licence security. Keeping roles filled with eligible, reliable individuals and ensuring timely updates through the SMS will minimise compliance risks and protect the ability to sponsor workers lawfully in the UK.
Section F: Need Assistance?
At DavidsonMorris, our business immigration specialists are recognised leaders in sponsor licence applications and licence compliance. We provide support in various ways to help employers meet their compliance duties through auditing, webinars and training for efficient and effective policies and processes.
The Sponsorship Management System is notoriously difficult to use, and the Home Office’s SMS user guidance is extensive and far from user-friendly. Many employers also have only a small number of sponsored workers, meaning key personnel are not familiar with the SMS as they are not using it regularly. With no Home Office support service, level 1 and 2 users are left without any source of advice and are at risk of making mistakes and exposing their employer to compliance penalties. Our specialist training has been developed to help level 1 & level 2 users reduce legal risk and gain the confidence and knowledge to use the SMS correctly.
We also act as appointed key personnel on behalf of sponsors, in all except Authorising Officer roles.
For help and advice with any aspect of your licence or meeting the compliance duties as key personnel, contact us.
Section G: Key Personnel FAQs
What is the role of key personnel in a sponsor licence?
Key personnel are responsible for managing a sponsor licence and ensuring compliance with UK Visas and Immigration (UKVI) regulations. They handle tasks such as assigning Certificates of Sponsorship, reporting changes, and maintaining records.
Who qualifies as a Level 1 user?
A Level 1 user manages day-to-day tasks on the SMS. You must maintain at least one Level 1 user who is an employee, director or partner and a settled worker, unless a published exemption applies. Additional Level 1 users can be added after grant, including certain external individuals where permitted.
Can one person hold multiple key personnel roles?
Yes, one individual can take on multiple roles, such as being both the Authorising Officer and the Level 1 user. However, they must meet the eligibility requirements for each role.
Do key personnel need specific training?
While training is not mandatory, it is strongly recommended. Proper training ensures that key personnel understand their responsibilities and the compliance requirements set by UKVI.
What happens if a key personnel member leaves the organisation?
If a key personnel member leaves, you must notify UKVI immediately and update your sponsor licence records. Update the SMS within 20 working days and appoint a suitable replacement to remain compliant.
Can non-settled workers serve as key personnel?
Non-settled workers cannot generally serve as key personnel, except in limited cases where the AO holds valid leave under specific categories such as Innovator Founder, Global Talent or UK Expansion Worker.
What are the consequences of non-compliance by key personnel?
Non-compliance can lead to penalties, suspension, or even revocation of the sponsor licence. Key personnel must adhere to all UKVI guidelines and fulfil their reporting and record-keeping duties.
How do I add or remove key personnel on my sponsor licence?
You can manage key personnel through your Sponsor Management System (SMS). Additions, removals, or role changes must be updated promptly to remain compliant.
Section H: Glossary
| Term | Definition |
|---|---|
| Key Personnel | Individuals responsible for managing a sponsor licence and ensuring compliance with UKVI regulations. |
| Sponsor Licence | A licence that allows UK employers to hire workers from outside the UK under specific immigration routes. |
| Authorising Officer | The most senior and competent person in the organisation responsible for the sponsor licence. |
| Level 1 User | A person responsible for the day-to-day management of the sponsor licence via the Sponsor Management System (SMS). |
| Level 2 User | An individual with limited access to the SMS, typically responsible for assigning Certificates of Sponsorship. |
| Settled Worker | A person with the right to live and work in the UK without immigration restrictions. |
| Certificate of Sponsorship (CoS) | An electronic document assigned to a migrant worker to enable them to apply for a visa. |
| UK Visas and Immigration (UKVI) | A division of the Home Office responsible for managing the UK’s visa system and immigration regulations. |
| Compliance | Adhering to the rules and requirements set by UKVI to maintain a sponsor licence. |
| Sponsor Management System (SMS) | An online portal for managing a sponsor licence, including adding key personnel and assigning Certificates of Sponsorship. |
| Valid Leave | Immigration status that allows an individual to stay in the UK for a specific purpose and duration. |
| Non-Settled Worker | A person who does not have the right to live and work in the UK without restrictions. |
Section I: Additional Resources and Links
| Resource | Description | URL |
|---|---|---|
| UK Government: Register of Licensed Sponsors | Access the latest official list of organisations authorised to sponsor overseas workers in the UK. | https://www.gov.uk/government/publications/register-of-licensed-sponsors-workers |
| UK Government: Skilled Worker Visa Guidance | Official Home Office guidance on Skilled Worker visa eligibility, salary thresholds, and application process. | https://www.gov.uk/skilled-worker-visa |
| UK Government: Apply for a Sponsor Licence | Step-by-step instructions for employers applying for a sponsor licence to hire migrant workers. | https://www.gov.uk/apply-sponsor-licence |
| UK Government: Sponsor a Skilled Worker (Employer Guidance) | Detailed guidance for employers on sponsorship duties, compliance, and worker management. | https://www.gov.uk/government/publications/sponsor-a-skilled-worker-guidance-for-employers |
| UK Government: Immigration Rules | Full text of the UK Immigration Rules, covering visa categories, sponsorship, and compliance obligations. | https://www.gov.uk/guidance/immigration-rules |
| UK Government: Immigration Skills Charge | Information on the Immigration Skills Charge payable by employers when sponsoring Skilled Workers. | https://www.gov.uk/immigration-skills-charge |
