Recruiting non-UK nationals post-Brexit: Employer sponsor licenses

By Brabners LLP

07 Dec 2020

shutterstock_1156919401.jpg

As the deadline of 31 December 2020 which marks the end of the post-Brexit transition period looms ever closer, businesses are rapidly having to get to grips with the biggest change in immigration legislation in a generation.

Going forwards, the key immigration route for employers looking to take on non-UK nationals will be via the work permit route, which is being rebranded as the Skilled Worker Visa.

For employers looking to move staff internationally around their businesses, they will need to use the Intra-Company Transfer visa route.

Employer sponsorship is the key pre-requisite to accessing the work permit routes

The gateway for businesses to access both the Skilled Worker and Intra-Company Transfer visa routes is to register with the Home Office as an employer sponsor.  If an employer is not a sponsor, they cannot use these routes.

Obtaining a sponsor licence involves going through a pre-approval process with the Home Office to establish that the business is a genuine organisation operating lawfully in the UK which is dependable, honest and reliable and which is capable of complying with its sponsor duties.  When an employer becomes a sponsor the Home Office places significant trust in them; it is far more than simply filling out a form and becoming a name on a register. You can find out more about how we help businesses with successfully applying for and keeping their sponsor licences here.

Employers will need to hold sponsorship if they intend to use the Skilled Worker route to recruit non-settled, non-UK nationals after the end of the Brexit transition period. This will apply to all new hires. Similarly, employer will need to hold sponsorship to use the Intra-Company Transfer route if they want to make international employee moves around a group of companies. 

We are currently advising significant numbers of clients who have a high numbers of EU nationals within their workforce profile, and expect this to continue post-Brexit.  We are also advising clients on what these changes mean for moving staff around their European businesses or for their business travellers.

Despite this, the number of registered sponsors remains flat.  Consistently, the number of registered employer sponsors remain at about the 30,000 mark. Clearly, there are significantly more than 30,000 businesses in the UK, and many more of these businesses will need to access the Skilled Worker route from next year. And yet, there has been no sign of the expected increase in sponsor license applications.  This is despite a significant Home Office information campaign about the end of the Brexit transition period. 

Of course, businesses are to be forgiven for not having these issues at the forefront of their minds given the ongoing problems arising from Covid and lockdown 2.0 and the more pressing issues about how to secure their business’ survival. However, that’s not to say that it isn’t important for businesses to start thinking about next year and preparing accordingly. 

The new visa routes replace the old work permit routes on 1 December 2020. They will be mandatory for EU nationals (who cannot establish residency in the UK before the end of the transition period) from 1 January 2020. There is no getting around it, time is running out for businesses to prepare.

Sponsor licenses are currently being dealt with fairly quickly by the Home Office, with some decisions coming back as quickly as two to three weeks, but the standard processing time stated on the Home Office website remains eight weeks (although, a fast-tracking process (at additional cost) is expected imminently).  However, the timescales for considering applications are likely to increase should the predicted surge in applications occur. 

Next Steps

We recommend businesses apply for their sponsor licenses as soon as possible to beat the rush, rather than risk delay to their business plans or their ability to recruit key talent after the end of the year.  If you have any questions about becoming a sponsor please contact our Business Immigration team.

Latest news

1

Radio 2 music festival heading to Preston Richie Anderston At Moor Park

Radio 2 music festival heading to Preston

25 Apr 2024

2

Blackburn snack firm lands Aldi listing after impressing on TV Cluster Club Aldi

Blackburn snack firm lands Aldi listing after impressing on TV

25 Apr 2024

3

Helen McVey marks 20 years of dedication at Pendleside Hospice Helen at the Pendle Witch Festival.jpg.jpg

Helen McVey marks 20 years of dedication at Pendleside Hospice

25 Apr 2024

4

Which employment laws are changing from April 2024? HR Trends from RfM Transform (15).png.png

Which employment laws are changing from April 2024?

25 Apr 2024

5

Roadshow Promotions to help deliver numeracy initiative in Stoke Councillor Majid Khan, Lord Mayor of Stoke-on-Trent and Lisa Capper, MBE, Principal and CEO of Stoke-On-Trent College on a visit to the promotional bus.jpg.jpg

Roadshow Promotions to help deliver numeracy initiative in Stoke

25 Apr 2024

Background image for hub sign up block

LBV Hub

Reach 50,000 members of the Lancashire business community

Post your news
Post your events
Post your offers
Company profile
Social reach
Magazine coverage
Sign-up
Events
Help to Grow Management Course
HTG2.png.png
LBV Hub Seminars
15 Apr 2024 - 17 Jul 2024

Help to Grow Management Course

Preston Campus , Preston , PR1 2HE

09:30 - 14:00

The Business Network Central & East Lancashire
LBV Hub Networking
25 Apr 2024

The Business Network Central & East Lancashire

Dunkenhalgh Hotel, Blackburn, BB5 5JP

11:30 - 14:15

30 Minutes: Net Zero Introduction for Blackpool Businesses - Free online event
BU 2024 Events.jpg.jpg
LBV Hub Webinar
25 Apr 2024 - 25 Apr 2024

30 Minutes: Net Zero Introduction for Blackpool Businesses - Free online event

Online, Blackpool , FY4 1EW

14:00 - 14:30

Business Networking in Burnley - BNI Kudos
EVENT LISTING BNI Kudos.png.png
LBV Hub Networking
25 Apr 2024

Business Networking in Burnley - BNI Kudos

Prairie Sports Village, Windemere Avenue, Burnley, BB10 2FU

06:45 - 08:30

Monthly Freelancer Meet-Up at Society1
Freelancer Meetup 4 pic graphic.png.png
LBV Hub Networking
25 Apr 2024

Monthly Freelancer Meet-Up at Society1

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 17:00

Business Networking in Preston- BNI Brunch
EVENT LISTING SIZING Brunch .png.png
LBV Hub Networking
26 Apr 2024

Business Networking in Preston- BNI Brunch

Samlesbury Preston Hotel, Preston New Road, Preston, PR5 0UL

09:30 - 11:00

Business Networking in Blackburn - BNI Infinity
EVENT LISTING BNI Infinity.png.png
LBV Hub Networking
26 Apr 2024

Business Networking in Blackburn - BNI Infinity

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:30 - 08:30

Business Networking in Blackburn - BNI Vista
EVENT LISTING SIZING Vista.png.png
LBV Hub Networking
30 Apr 2024

Business Networking in Blackburn - BNI Vista

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:45 - 08:30

Business Networking in Chorley - BNI Endeavour
EVENT LISTING SIZING Endeavour.png.png
LBV Hub Networking
30 Apr 2024

Business Networking in Chorley - BNI Endeavour

Oak Royal, Bury Lane, Chorley, PR6 8SW

06:30 - 08:30

Driving Energy Efficiency and Sustainability: Software Solutions for the Metal Industry
LBV Hub Webinar
30 Apr 2024 - 30 Apr 2024

Driving Energy Efficiency and Sustainability: Software Solutions for the Metal Industry

Online - Zoom, Blackpool, FY4 2FG

10:00 - 11:00

Business Networking in Lancaster - Eden Business Network
EVENT LISTING Eden Business Network.png.png
LBV Hub Networking
01 May 2024 - 01 May 2024

Business Networking in Lancaster - Eden Business Network

The Borough, 3 Dalton Square, Lancaster, LA1 1PP

18:30 - 20:30

Business Networking in Accrington - BNI Zeus
EVENT LISTING SIZING Zeus.png.png
LBV Hub Networking
01 May 2024

Business Networking in Accrington - BNI Zeus

The Mill House, Corn Mill Yard, Accrington, BB5 5HX

06:45 - 08:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more Lbv115 Online Graphic
Subscribe now

Weekly news bulletin