The agricultural sector in the UK requires skilled workers from abroad due to a combination of labour shortages, seasonal demand, and the specialised skills needed for modern farming techniques. The industry often struggles to attract domestic workers for a variety of reasons and therefore sponsorship of a foreign workers can help employers maintain productivity, ensure timely harvests, and support the food supply chain, which is vital to the economy and food security, where recruitment continues to present challenges.
Under the skilled worker visa route, agricultural businesses can hire a range of roles such as Animal Technicians, Farmers, Farm Managers, Herd Managers, Shepherds and Agricultural Workers amongst others, provided that certain requirements are met.
But if your business is starting from scratch in respect of international recruitment, it can seem like a daunting task. There are many steps to the process, and many requirements which must be met before a business can sponsor their first worker.
At Stephens Scown, we’re here to help every step of the way; from making the initial application for a sponsor licence, to handling the visas for the skilled workers themselves, to helping businesses meet the ongoing reporting and HR requirements. We work with many farming clients who have reaped the benefits of employing skilled workers from abroad and therefore we understand the sector and the role that overseas workers can play in the development of agricultural businesses. In this article, I hope to provide a brief overview of the process, to help you decide whether it might be a solution for your business.
Obtaining a Skilled Worker sponsor licence
In essence, to hire workers from abroad, a company must obtain a sponsor licence from the UK Home Office, enabling them to sponsor skilled workers who meet specific eligibility requirements under the Skilled Worker Visa route.
- Understand the Requirements
Before applying for a sponsor licence, it’s essential to understand the eligibility criteria. The key requirements are:
- Legitimate Business: Your company or partnership must be operating legally in the UK, and you’ll need to prove this with documentation such as bank statements, business accounts, or proof of VAT registration.
- HR Systems and Compliance: You must have robust HR systems in place to monitor and maintain records of sponsored employees, such as keeping up-to-date contact details and tracking their attendance, as well as carrying out compliant right to work checks. The Home Office needs assurance that your business can manage the sponsorship process and ensure compliance with UK immigration laws.
- Offer Genuine Roles: The roles you plan to fill with sponsored workers must be genuine and meet the skill and salary thresholds required for a Skilled Worker Visa.
- Prepare the Application
Once you are sure your business meets the eligibility requirements, the next step is to prepare your sponsor licence application. As part of the application, you will need to appoint certain roles within your organisation to manage the sponsorship duties. These include an authorising officer (a senior person responsible for the licence), a key contact (the main point of contact with the Home Office), and at least one Level 1 user (the person(s) responsible for managing the sponsorship system on a day-to-day basis).
You will also need to submit several documents to evidence that your organisation meets the requirements to become a Home Office approved sponsor, which need to be provided in a specified format. This includes bank statements, proof of business premises and employer’s liability insurance certificates.
- Submit the Application Online
You will need to complete an online application through the UK Home Office’s sponsorship management system. The application fee varies depending on the size of your business and your turnover: for small or charitable sponsors the fee is £536, whilst for a medium or large sponsors the licence fee is £1,476.
- Compliance Check and Home Office Decision
After submitting the application, the Home Office may conduct additional checks to ensure your business meets the sponsor licence requirements. This could include site visits to your business premises to verify the information in your application, assess your HR systems, and confirm your ability to comply with the sponsor duties. It will also include a background check of your appointed key personnel to ensure they are appropriate and responsible individuals.
The decision-making process can take up to 8 weeks. If the Home Office is satisfied that your business is eligible, they will grant a sponsor licence.
- Sponsoring Skilled Workers
Once your company has been granted a sponsor licence, you can begin sponsoring workers. First you will assign a Certificate of Sponsorship (CoS) to each worker you wish to sponsor and pay the Immigration Skills Charge (where applicable). This is done through the online portal, or “Sponsorship Management System.” This certificate contains details about the job and the applicant’s information. The skilled worker will then use the CoS to apply for a Skilled Worker Visa, evidencing that they meet the requirements of the role and other Home Office requirements, which may include having valid Tuberculosis (TB) and English language test certificates.
You will also need to provide contracts of employment to your sponsored workers, in the same way that you would to all other employees. At Stephens Scown, we work closely with our colleagues in the Employment team to provide advice on issues such as how to navigate potential differences in pay between sponsored and non-sponsored employees, as well as the inclusion of clawback clauses, where you have paid the visa application costs up front, on behalf of your sponsored workers.
- Compliance Obligations
After obtaining a sponsor licence, you have ongoing responsibilities to ensure compliance with UK immigration rules. These include:
- Monitoring sponsored workers: Keeping up-to-date records of their attendance and notifying the Home Office if they stop working for you.
- Reporting duties: You must report certain changes (e.g., a worker’s visa status or job role) to the Home Office within strict time limits.
- Compliant Right to Work checks: As a sponsor, you will be held to a high standard by the Home Office in terms of your ability to comply with immigration requirements. Consequently, the Home Office would expect that compliant Right to Work checks have been completed for all staff, not just sponsored employees.
Failure to comply with these responsibilities can result in penalties, including losing your licence or facing fines.
Conclusion
There are many reasons why businesses in the UK may need to recruit skilled workers from outside the UK to fill key roles within the organisation, where recruitment poses a problem. It comes down to being able to find the right person, with the right skill set, who is committed to their role and willing to work the demanding shift patterns of many agricultural roles.
Obtaining a sponsor licence allows UK businesses to access a global talent pool, helping them fill critical skill gaps. By ensuring your company meets the eligibility requirements, preparing a strong application, and maintaining compliance, you can successfully sponsor skilled workers from abroad, fostering business growth and greater security.
For more information, please contact our Immigration team who will be happy to help.