Tier 2 Sponsor Licence Key Personnel
What are ‘Key Personnel’?
UKVI requires every business applying for a Tier 2 Sponsor Licence to nominate people to the following roles:
• Authorising Officer
• Key Contact
• Level 1 User
Once you have been granted a Tier 2 Sponsor Licence you can also choose to nominate individuals as:
• Level 2 User
But what are these roles? What responsibilities do they entail and what powers do they confer? And who do the Home Office consider eligible to fill them?
1. Authorising officer
When applying for a Tier 2 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 even revoked.
When the Points Based System was first introduced the Home Office required the Authorising Officer to be a senior member of staff. In the seven years that the PBS system has been operating UKVI have recognised that it’s not helpful for them 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, you can decide who to nominate. Whoever you nominate, you must be sure that they fully understand the importance of the role.
What is their role?
The Authorising Officer will often be UKVI’s first and primary point of contact with your organisation. They will receive e-mails concerning changes to sponsors’ duties, the need to renew Certificates of Sponsorship or the Licence itself etc. 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). However, they don’t themselves have automatic access to the SMS to carry out any of the practical functions relating to sponsoring migrant workers – unless you also choose to make them a Level 1 user.
2. Key contact
Your Key Contact is, as the name implies, the UKVI’s other main point of contact for the Tier 2 Sponsor Licence. UKVI will contact them in the event that they have queries about your Sponsor Licence application, the documents submitted or the payment.
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 migrant activity and changes of circumstance, request CoS, apply for and assign restricted CoS and apply to renew your licence.
• View information about your licence, notify UKVI of changes to your organisation
• Apply to renew your licence and track the progress of your application
You must always have at least one Level 1 user in place, who can access the SMS to carry out these tasks. In your Sponsor Licence applications you can only nominate one Level 1 user, and since November 2014 this person must be an employee. 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.
4. Level 2 users
Level 2 users also have access to the SMS, but on a much more restricted basis.
They can only:
• Assign an Unrestricted CoS
• Report migrant activity
• Access your general Licence information
• Report any changes to the organisation
• Request or assign a Restricted CoS
You can appoint as many Level 2 users as you need once your Licence is in place.
Eligibility requirements for all roles
There are some requirements that all of your Key Personnel must meet. They must be:
• 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.
• Free from criminal convictions
The exact requirements are set out in Annex 1 of the UKVI Guidance for Tier 2 and 5 Sponsors. 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.
• 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.
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.
Who can’t you appoint?
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.
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.
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 given for each of your Key Personnel must be either:
– your main address
– a branch or head office included in your Licence.
– your Representatives business address
If your organisation moves location you must update the contact details for your Key Personnel, as well as updating the licence address iself.
All email addresses you provide for Key Personnel must be secure, personal to and only accessible by the named individual.
You must have a minimum of one Level 1 user who is a settled worker. The only exceptions
to this rule are if your Authorising Officer has valid leave as a:
• Representative of an Overseas Business
• Tier 1 (Graduate Entrepreneur) migrant
• Tier 1 (Entrepreneur) migrant
Assigning a CoS
SMS users must not assign a CoS to themselves or assign a CoS to a close relative or partner including a:
– Civil partner
– Unmarried partner
– Same sex partner
– Mother or step-mother
– Father or step-father
– Son or step-son
– Daughter or step-daughter
– Brother or half-brother
– Sister or half-sister
At DavidsonMorris we have the experience to advise you on a successful Sponsor Licence applications and the expertise of acting as a representative and managing your Licence.
If you would like to discuss further, contact us on 020 7494 0118 or at email@example.com.