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Business Immigration

Sponsorship Management System

Sponsorship Management System
The sponsorship management system (SMS) is the portal provided by the Home Office for licenced sponsors to manage the organisation’s licence activities. The organisations will be able to use the SMS to create and assign the Certificate of Sponsorship (CoS) to prospective employees, report changes of sponsored employees, withdraw or vary sponsorships issued and report organisation changes to the Home Office.
SMS Management
The organisations must apply the following key personnel to manage the sponsor licence.

Authorising officer

a senior and competent person who operate the Sponsor Licence Management System (SMS)

Key contact

your main point of contact with UK Visas and Immigration (UKVI)

Level 1 user

responsible for all day-to-day management of your licence using the SMS

It is possible for one person to hold all three positions. The Home Office recommends that the organisations should  have more than one Level 1 user to ensure the smooth running of the  SMS and that at least one of the Level 1 users is an employee. The other level 1 user can be a UK-based legal representative approved or exempted by the OISC. The businesses who wish to appoint City Legal as a legal representative and fulfill a key personnel role on the SMS may check our retainer packages available. The authorising officer and the organisation is  responsible for the actions of all key personnel, including representatives, so it’s important to have confidence in the key personnel that are appointed.

City Legal is qualified to act as a UK based Legal Representative and can fulfil the Key Contact and Level 1 or 2 user roles for any organisation’s SMS under authorisation provided by the OISC under firm reference no. F201400889.

How can we assist?

Our Immigration lawyers at City Legal have immense experience in assisting small businesses and multinational companies in sponsor licence matters including new applications, dealing with suspensions and revocations, HR & Compliance audits with action plans and training, sponsoring migrant workers as well as dealing with day to day sponsor licence obligations.We can offer readily available advice and support to the organisation and can provide cover for a level 1 user in the event of their unexpected absence. We can assist businesses in successfully maintaining their  A-rated licence to sponsor ensuring compliance obligations are met.  

For a yearly retainer fee, we can act as the organisation’s second level 1 user and/or level 2 user and offer the following:

  • Review messages and information posted on SMS and update the organisation if required and/or take any appropriate actions
  • Add or Remove level 1 and/ or 2 users
  • Apply for a Restricted CoS
  • Request an increase in the number of unrestricted Tier 2 CoS that organisation can assign each year
  • Assign Restricted or Unrestricted CoS
  • Advise on the renewal of organisation’s licence to sponsor; tracking the progress of any such application
  • Inform the Home Office of any minor changes to organisation’s details
  • Report migrant activity
  • Withdraw a CoS and amend SMS user details.

In addition to the above, we have designed bespoke retainer packages to suit almost all organisation needs on an ongoing basis. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. We have the privilege of working with some of the most well-known companies in the world. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.

Frequently Asked Questions

The maximum duration of Tier 2 General visa is upto six years unless an exemption applies. Individuals may apply for Indefinite Leave to Remain after spending 5 years under this category, if they meet all other requirements.

Any individuals granted with Tier 2 general visa cannot have recourse to public funds and can only work for their sponsor in the job as described on the CoS. Voluntary and supplementary employment are permitted. Individuals with this leave can also study as long as it does not interfere with their main job. Individuals granted with a Tier 2 leave can undertake supplementary employment of no more than 20 hours per week in the same profession and level as their main job or on a profession under the shortage occupation list. This must be outside of their normal working hours.
Tier 2 Cooling off period refers to the 12 months period applicants have to wait before they can apply for a Tier 2 visa again to re-enter the UK. This triggers when an individual was previously sponsored under Tier 2 by any employer in the UK, and they have left the UK and their visa lapsed or expired. There is an automatic refusal failing to adhere to the cooling off period.
The minimum salary requirement is set out by the relevant SOC codes. The common SOC code used is 2444 Clergy and the minimum salary requirements or this SOC code is of national minimum wage requirements.
The new PBS skilled worker visa will not apply to any EU nationals living in the UK by 31 December 2020. EU nationals and their families are eligible to apply under EUSS scheme up until 30 June 2021 and employers may continue to accept Passports and National ID cards as evidence of right to work up until 30 June 2021. All EU nationals who enter the UK to work from January 2021 will need to apply for permission in advance.
INSIGHTS
Tier 2 Sponsor Licence
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Sponsored workers at third party premises

In the new Guidance there is an important, and perhaps overlooked, point for employers who allow their sponsored workers to out any of their employment duties at a third party’s site

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