What are the "Key Personnel" in Sponsor Licence Applications?

One of the steps involved in making a Skilled Worker Sponsor Licence Application is the appointment of certain individuals within your organisation to carry out the roles. The key personnel roles consist of the Authorising Officer, the Key Contact and the Level 1 user. Once the sponsor licence has been granted, the organisation may also appoint a Level 2 user. In this article, we will explore these key personnel roles in more detail, including who will have access to the online portal- Sponsorship Management System (SMS) for the purpose of managing the sponsor licence.

Authorising Officer (AO)

This role must be filled by the most senior person in your organisation who is involved in recruitment and is responsible for the activities of all SMS users. This person must be aware of the sponsor licence duties and ensure that the duties are met, such as having a system in place where checks can be carried out.

You must have an AO in place throughout the life of your licence. Unlike the Level 1 user or Level 2 user, they do not have automatic access to the SMS. They can be named as the Level 1 user and AO in the sponsor licence application form or be set up as a Level 1 user or Level 2 user after the sponsor licence has been granted.

Key Contact (KC)

The Key Contact is the main point of contact with the Home Office for any queries. The Key Contact also does not have automatic access to the SMS. They can be added as a Level 1 or Level 2 user, either by adding them as the Level 1 user when completing the application form or adding them after the licence has been granted.

Level 1 User

This person is responsible for day-to-day management of the licence by carrying out activities through the SMS. You must have at least one Level 1 user in place to access the SMS. Your licence may be revoked if this condition is not met.

Level 1 user can undertake various activities including:

• assigning CoS or reporting migrant activity

• requesting an increase in the number of CoS

• reporting change of circumstances or any work address changes

• viewing information about the licence and key personnel

• applying to renew the licence

In your initial application, you must nominate one Level 1 user who is an employee, a partner or a director. Once your sponsor licence application is approved, you can add more Level 1 user, such as a UK based representative.

Level 2 User

The organisation can appoint a Level 2 user, however, they have a more restricted range of functions. They can create and assign CoS to migrants and report migrant activity.

Key Personnel Eligibility Criteria

When nominating the key personnel in your organisation, there are a number of requirements to be met. For the period that they fill the role, they must be based in the UK. They must be a British Citizen or settled in the UK (e.g. holding Indefinite Leave to Remain). Please note if none of them should have any unspent criminal convictions or any adverse involvement with the Home Office. Unless the exceptions apply, they must be a paid member of staff or an additional Level 1 or Level 2 user is an employee of another organisation who carries out some or all of your HR function. You must still have a paid employee who is a Level 1 user of your organisation. They cannot be a relative or partner of the person being sponsored.

Other Factors to Consider

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 Restrictions Order or Bankruptcy Restrictions Undertaking

• Subject to a Debt Relief Restrictions Order or Debt Relief Restrictions Undertaking

• Legally prohibited from being a company director

SMS users must not assign a CoS to themselves or to a close relative or partner, such as a spouse, daughter or brother-in-law.

When applying for a licence, you must give contact details for your key personnel and also any changes to the key personnel after the licence has been granted. All email addresses you provide for each of your key personnel must be secure and personal to and only accessible by the named individual.

If there are any concerns in the sponsor licence application, this may trigger a Home Office compliance visit. The Home Office may also conduct an immigration audit at random. To discuss preparing a Home Office immigration audit, please contact our immigration solicitors’ team at enquiry@gulegal.org.

Please note that the information provided in this article is for general guidance only and is based on the immigration rules and policies in force at the date of publication. UK Immigration law and Home Office policy can change frequently, and requirements may vary depending on individual circumstances. Legal advice should always be sought in relation to your specific situation.