Temporary Worker Sponsor Licence Guidance

Table of Contents

What is a Temporary Worker sponsor licence?

A Temporary Worker Sponsor Licence allows a business to sponsor overseas nationals to do temporary work in the UK. To secure a Temporary Worker Sponsor Licence, the business must first apply to the Home Office and receive approval. Once approved, the sponsoring business can issue a certificate of sponsorship to eligible temporary workers, allowing them to come to the UK to do the required work.

The Temporary Worker Sponsor Licence is an umbrella category that includes the Creative Worker, Charity Worker, Religious Worker, Government Authorised Exchange, International Agreement, and Seasonal Worker routes. The Home Office also classifies the Scale-up route and certain Global Business Mobility routes as Temporary Worker routes for sponsor licensing purposes.

Most Temporary Worker sponsor licences remain valid indefinitely and do not need to be renewed, provided the sponsor continues to comply with its sponsor duties. The Scale-up and UK Expansion Worker routes are different, however. An organisation can hold a licence under either of these routes for no more than four years.

Who needs a Temporary Worker sponsor licence?

Your business may need a Temporary Worker Sponsor Licence if it intends to bring overseas workers to the UK to undertake temporary work under an eligible sponsored route. This is particularly relevant for a temporary role or assignment lasting several months, rather than simply for a short visit or one-off activity.

However, not every short-term or one-off engagement requires sponsorship. Some activities may be permitted under the standard visitor route without sponsorship. For this reason, we recommend checking whether the purpose of the activity in the UK is covered under the UK’s visitor visa rules before applying for a sponsor licence.

The Temporary Worker routes are as follows:

• Creative Worker – This can include artists, dancers, musicians, entertainers and fashion models. Permission is normally granted for up to 12 months. It may be extended to a maximum of 24 months if the worker remains with the same sponsor.
• Charity Worker – This route is for people who want to carry out voluntary work for a charitable organisation. The maximum period is 12 months.
• Religious Worker – This route is for people who support the work of a religious institution. This can include work in a religious order or non-pastoral work for a religious organisation. It does not cover employment as a minister of religion. The maximum period is two years.
• Government Authorised Exchange – This route is for people coming to the UK under an approved exchange scheme. The maximum period is 12 or 24 months. The limit depends on the scheme.
• International Agreement – This route is for people providing a service covered by international law. It can include private servants in diplomatic households and employees of overseas governments or international organisations. The normal maximum period is two years. A private servant in a diplomatic household can stay for up to five years in total.
• Seasonal Worker – This route is for seasonal work in horticulture or poultry production. The sponsor must be an approved scheme operator. Horticulture workers can be sponsored for up to six months in any 12 months. Poultry work must take place during the permitted annual period.
• Scale-up Worker – This route allows businesses in a sustained period of high growth to recruit overseas nationals for highly skilled roles.
• Global Business Mobility: Graduate Trainee – This route is for overseas employees transferred to the UK as part of a graduate training programme. The programme must lead to a managerial or specialist role with the overseas employer.
• Global Business Mobility: UK Expansion Worker – This route is for senior managers or specialist employees who come to establish a UK branch or subsidiary of an overseas business.
• Global Business Mobility: Service Supplier – This route is for a contractual service supplier or an independent professional providing services under an eligible trade agreement.
• Global Business Mobility: Secondment Worker – This route is for overseas employees seconded to the UK under a high-value contract or investment.

Approval for one Temporary Worker route does not automatically allow the organisation to sponsor workers under another route. Organisations can apply for approval under multiple routes at the same time or apply to add another route to existing sponsor licence, subject to meeting the relevant requirements.

What are the Temporary Worker sponsor licence requirements?

To make a successful application for a Temporary Worker sponsor licence, the applying business must meet the Home Office’s general eligibility and suitability requirements. It must also meet the requirements for every Temporary Worker route it selects.

General sponsor licence eligibility and suitability requirements

The Home Office must be satisfied that the organisation:

• Operates lawfully – It must be a genuine organisation that is operating or trading lawfully in the UK. A different rule applies to a UK Expansion Worker sponsor. It must have a UK footprint but must not already have an active UK trading presence.
• Has the required registrations – The organisation must be registered, inspected, monitored or licensed where this is required by law.
• Is honest and reliable – The Home Office will consider the organisation’s history. It will also check its Key Personnel and the people involved in its day-to-day management.
• Can meet its sponsor duties – The organisation must have suitable recruitment and HR systems. These systems must allow it to monitor sponsored workers, keep records and report relevant changes.
• Can offer eligible work – The organisation must be able and intend to offer work that is permitted under the chosen route.
• Has suitable Key Personnel – It must appoint an Authorising Officer, a Key Contact and at least one Level 1 User. These people must meet the relevant requirements.
• Protects workers – It must comply with UK employment law. This includes the National Minimum Wage and the Working Time Regulations. It must also protect worker welfare.
• Protects children where relevant: Suitable care arrangements must be in place for any child under 18 who will work for, or be supervised by, the sponsor.

The Home Office can carry out a compliance check before deciding the application. It may inspect the organisation’s premises and HR systems. It may also speak to the organisation’s Key Personnel.

Route-specific requirements

In addition to the general requirements, each route has its own requirements. The following points provide a brief overview. They are not a complete list.

• Creative Worker: The work must be in the creative sector. If a child below school-leaving age will take part in certain paid performances or modelling work, a child performance licence must be obtained where required.
• Charity Worker: The organisation must be able to offer voluntary work with a charitable organisation. The sponsored role must fit the purpose of the Charity Worker route.
• Religious Worker: The work must support the activities of a religious institution. It can include work in a religious order or non-pastoral work. It must not be employment as a minister of religion.
• Government Authorised Exchange: The worker must take part in an approved exchange scheme. The organisation must meet the requirements that apply to that scheme and route.
• International Agreement: The work must provide a service covered by international law. A diplomatic mission, consular post or recognised international organisation can sponsor a private servant in a diplomatic household if it meets the route requirements.
• Seasonal Worker: The sponsor must be an approved scheme operator. The work must be in the horticulture or poultry sectors and take place within the permitted period.
• Scale-up Worker: The organisation must meet the definition of a qualifying Scale-up sponsor. It must recruit workers for highly skilled roles. A Scale-up licence can be held for no more than four years.
• Global Business Mobility – Graduate Trainee: The assignment must form part of a graduate training programme for a managerial or specialist role with the overseas employer.
• Global Business Mobility – UK Expansion Worker: The overseas business must be establishing a UK branch or subsidiary. It must have a UK footprint but no existing active trading presence in the UK. The licence can be held for no more than four years.
• Global Business Mobility – Service Supplier: The worker must provide services under a contract with a UK business. The contract must be covered by an eligible trade agreement.
• Global Business Mobility – Secondment Worker: The secondment must form part of a high-value contract or investment involving the overseas employer.

If you are considering applying for a Temporary Worker Sponsor Licence, it is important to check that you meet the rules for your specific chosen route.

How to apply for a Temporary Worker sponsor licence

To apply for a temporary worker sponsor licence, the main steps are:

1. Choose the correct Temporary Worker route or routes – Identify the type of worker and assignment. Select every route the organisation plans to use.
2. Check the requirements – Confirm that the organisation meets the general sponsor licence requirements. It must also meet the requirements for each selected route.
3. Appoint Key Personnel: Nominate an Authorising Officer, a Key Contact and at least one Level 1 User. The Authorising Officer will have overall responsibility for the licence.
4. Prepare the supporting evidence: Gather the documents listed in Appendix A to the sponsor guidance. Include any extra evidence required for the selected routes. The organisation must be ready to send the documents within five working days after submitting the online application.
5. Complete the online application form – Provide the required details about the organisation. Select the relevant routes. State how many Certificates of Sponsorship are likely to be needed during the first year.
6. Pay the application fee
7. Send the submission sheet and documents: Email the signed and dated submission sheet. Send the mandatory supporting documents within five working days.

It normally takes around 8 weeks to receive a decision from the Home Office. If you need a faster decision, you may be able to use the priority service for an additional fee, which aims to provide a decision within 10 working days.

Organisation can hold a sponsor licence covering both Worker and Temporary Worker routes. Existing sponsors can also apply to add further Worker or Temporary Worker routes to their licence, provided they meet the eligibility requirements for each additional route and obtain Home Office approval.

Reference:

GOV.UK: Workers and Temporary Workers – guidance for sponsors part 1: apply for a licence