Many organisations are requesting assistance with the Sponsor License application due to the current UK employee shortage issues. If businesses have a valid sponsor licence, they can have more hiring possibilities as they are able to access the global talent pool and the ability to hire qualified individuals from all over the world to fill their vacant posts.
When applying for a Sponsor Licence, the organisation must appoint an ‘Authorising officer’ to be in charge of the sponsor license and perform all sponsor obligations.
If you fail to have an AO in place or have an AO who does not meet the requirements, your license application will not be approved, or your license will be suspended or revoked.
Why do you need an Authorising Officer?
Any business that requests a sponsor licence from the UK Home Office must have an Authorising Officer (AO). AO is responsible for the actions of staff and representatives who use the Sponsor management system and overlooks the overall immigration compliance by the sponsor organization. Sponsor licence holder organization must have an AO appointed throughout the entire validity of the licence.
This person will act as the main point of contact with the Home Office. For example, the Home Office will contact the AO if they have any queries about their sponsor licence application, the documents sent, or the payment.
Who can be nominated as an Authorising Officer?
The organization can appoint only one person as an ‘Authorising Officer.’ The AO should be a senior person within the organisation responsible for the recruitment of migrant workers, a trustworthy employee selected by the employer, or someone who understands the role of the AO in the company.
When assessing an application for a sponsor licence, UKVI will perform a suitability check (no criminal convictions, no bankruptcy, and no previous penalties for hiring illegal migrants) on the nominated AO.
The Authorizing Officer cannot be someone who is:
Therefore, the AO must be permanently based in the UK for the duration of the period that they fill the role. For example, someone who is a British Citizen or someone who has a valid resident permit in the UK which covers the duration of the period that they are appointed as an AO.
The AO should be a permanent employee of the organization and should be on the company’s payroll unless this person is an Office holder. An Office holder means someone who is the company registered director or secretary, board member of statutory bodies, or crown appointments.
What are the responsibilities of the Authorising Officer?
The AO is in charge of ensuring that the responsibilities imposed on the employer under the sponsor licence are carried out. It is critical that the AO examines SMS activity on a frequent basis, that key staff are executing their roles, and that any changes in the regulations regulating licencing compliance are maintained up to date.
The AO is responsible for the actions of staff and representatives, and responsible for deciding how many of your staff need to have access to the SMS and what level of permission they can have.
The AO and Level 1 user can be the same person after your license is granted. Level 1 users will carry out any of the practical functions relating to sponsoring migrant workers.
The AO is expected to ensure compliance with UKVI rules, sponsor duties and keep updated on any changes in the rules of licence compliance. Sponsor duties include Record-keeping, reporting, and monitoring duties.
Failure to have an AO in your organisation might result in your Sponsor Licence application not being approved. After successfully granting a sponsor licence, organisations are still needed to have an AO. Therefore, organizations must have an authorising officer for the duration of their licence.
ARIS International lawyers are experienced in the process of appointing Authorising Offers during the Sponsor Licence Application, Sponsor Management System, and sponsor compliance. We provide professional advice throughout the process based on your specific situation, correspondent with Home Office, and assist you in the whole process with our one-stop solution to meet your organisation’s needs. If you need advice to apply for your sponsor licence, please contact us on 020 3865 6219 or leave a message.