SKILLED WORKER SPONSOR LICENCE FOR SWISS EMPLOYERS IN THE UK

The UK Skilled Worker route is a sponsored pathway open to Swiss nationals (and non-Swiss nationals) residing in Switzerland who have received an offer of an eligible skilled job in the UK from a Home Office-approved sponsor. To obtain a Skilled Worker visa, applicants from Switzerland must be sponsored for a specific job that meets certain skill and salary criteria, by a UK-based employer holding a valid Skilled Worker sponsor licence.

This guide is primarily aimed at Swiss employers based in the UK (or looking to expand into the UK) who are considering applying to the UK Home Office for authorisation to sponsor a non-settled worker as a Skilled Worker. On this page we offer comprehensive guidance on the general and route-specific requirements necessary for a successful Skilled Worker sponsor licence application.

Which Swiss Workers Need to Be Sponsored on the Skilled Worker Route?

If you are a Swiss company operating in the UK, you will need to sponsor any Swiss worker (or other international employee) if they are not a UK settled worker or do not already have immigration permission to work for you in the UK. This includes most EU, EEA, and Swiss nationals who arrive in the UK after 31 December 2020. To sponsor a Skilled Worker, your Swiss enterprise in the UK must be authorised by the Home Office as a licensed Skilled Worker sponsor.

There is no cap on the number of workers a Switzerland-based business in the UK can sponsor under a Skilled Worker sponsor licence. However, during the application process, you must provide an estimate of the number of Certificates of Sponsorship (CoS) you expect to assign in the first year. This requires careful consideration and justification based on your anticipated hiring needs.

How to Apply for a Skilled Worker Sponsor Licence for a Swiss Business in the UK

For your Swiss-owned business in the UK to apply for a Skilled Worker sponsor licence successfully, you must satisfy various general and route-specific requirements.

General Requirements for a Skilled Worker Sponsor Licence for a UK Branch or Subsidiary of a Swiss Company

When applying for a sponsorship licence for a Swiss enterprise in the UK, as part of your Skilled Worker sponsor licence application, you will need to demonstrate to the Home Office that:

1. Genuine Organisation Operating Lawfully in the UK: You will need to provide at least four specified documents as outlined in Appendix A of the sponsor guidance. The exact documents will vary based on your application circumstances. Appendix A includes:

   • Table 1: Public authorities or companies listed on the London Stock Exchange.

   • Table 2: Start-ups, franchises, and charities.

   • Table 3: Specific evidence for particular tiers.

   • Table 4: Various other possible documents, including the latest audited accounts if required.

2. Honest, Dependable, and Reliable: The Home Office will examine your business history, the backgrounds of the Key Personnel named in your application, and anyone involved in your business operations.

3. Capable of Carrying Out Sponsor Duties: You must show that you can meet sponsor duties, including reporting, record-keeping, and compliance with UK immigration law. The Home Office will review your HR and recruitment processes. Sponsorship duties include reporting changes such as start dates or work locations within specified time frames and maintaining employment records.

4. Home Office Visits: The Home Office may visit your organisation to verify compliance, especially if your business is new or considered high risk. These visits can be announced or unannounced, checking HR systems, interviewing the Authorising Officer, and possibly sponsored employees.

Failure by a Swiss commercial operation in the UK to meet its sponsor duties can result in the revocation or suspension of a licence and the curtailment of sponsored workers’ visas.

Route-specific Requirements for a Skilled Worker Sponsor Licence Applications by a Swiss Corporate Presence in the UK

Skill Level Requirement

Switzerland-based businesses operating in the UK will need to ensure the job meets the skill-level requirement (typically level 3 or above on the Regulated Qualifications Framework for England and Northern Ireland). The job must align with eligible occupations listed in Appendix Skilled Occupations and Appendix Immigration Salary List, each with a SOC 2020 occupation code. The job must be genuine, and the occupation code must be appropriate to avoid visa refusals.

Salary Level Requirement

Employment must meet specific salary thresholds, usually a general salary threshold and the ‘going rate’ for the applicable SOC 2020 occupation code. The general salary threshold varies, with higher thresholds for most jobs but lower for those scoring ‘tradable points’ or in certain health and education roles. The going rate is based on a 37.5-hour workweek and must be prorated if different weekly hours apply.

Tradable Points

Certain applicants can be paid below the general threshold if they earn tradable points for attributes such as:

• PhD qualifications (relevant or in STEM)

• Job offers on the Immigration Salary List

• New entrants to the labour market

Genuine Employment Requirement

The Home Office must be satisfied that the job is genuine and necessary for your Swiss business in the UK. Any suspicion of a sham job created primarily for visa purposes will lead to refusal.

Working for a Third Party

There must be a direct employer-employee relationship, and the role should not involve contracting the worker to a third party for routine work. The sponsor must be the employer responsible for paying the worker.

Key Personnel in Sponsor Licence Applications by Swiss Enterprises in the UK

Swiss firms operating in the UK must appoint key personnel to manage their sponsor licence:

• Authorising Officer: Senior person responsible for the licence.

• Key Contact: Primary point of contact with the Home Office.

• Level 1 User: Manages day-to-day sponsorship activities via the Sponsorship Management System (SMS).

Each must be based in the UK, without any unspent criminal convictions or adverse history, and be paid members of your staff or engaged as office holders.

Certificate of Sponsorship (CoS) Allocation

When applying for a UK sponsor licence for a UK branch or subsidiary of a Switzerland-based business or for any other Swiss-owned business in the UK, you will need to estimate and justify the number of CoS you need for the first year. Approved allocations must be used within 12 months, though you can apply for more if necessary. Unused CoS do not carry over to the next year, but you can apply for new allocations annually.

Applying for a Skilled Worker Sponsor Licence for a Swiss Company in the UK

Swiss-owned ventures operating in the UK that wish to apply for a Skilled Worker sponsor licence will need to complete an online application form, pay an application fee and submit relevant documents within 5 working days. The sponsor licence application will need to include details about key personnel and supporting evidence that satisfies the eligibility criteria. A legal representative can assist with preparing a sponsor licence application for a Swiss business in the UK, but the sponsor licence application must be submitted by the sponsoring employer.

Skilled Worker Sponsor Licence Costs and Timeline for Swiss Businesses in the UK

The application fee for a Skilled Worker sponsor licence is £536 for small companies or charities and £1,476 for medium or large companies. Decisions typically take up to 8 weeks, with a priority service available for £500, delivering a decision within 10 working days.

Duration and Renewal

A successful licence is valid for 10 years. To continue sponsoring workers after this period, you will need to apply for renewal before the licence expires. If refused, there is no right of appeal, and a six-month cooling-off period will apply.

Sponsor Licence Rating

Approved applications receive an ‘A’ rating. Non-compliance can result in downgrading to a B-rating, requiring adherence to a sponsorship action plan. Failure to meet the plan can lead to licence revocation.

Immigration Requirements for a Skilled Worker Visa

Sponsored workers must meet various eligibility criteria, including appropriate skill levels, salary thresholds, English language skills (B1 or higher), and financial requirements. As an A-rated sponsor, you can certify that the financial requirement is met when assigning a CoS.

How Our UK Immigration Lawyers in Switzerland Can Help

Through the Swiss office of our UK immigration law firm, we are delighted to offer a comprehensive range of UK immigration legal services to Swiss companies based in Switzerland and the UK.

Our specialist UK immigration lawyers help Swiss employers with a UK presence to obtain and maintain UK sponsor licences for their UK entity, ensuring compliance with sponsor duties. We provide tailored support to Swiss companies operating in the UK, from documentation advice to drafting business cases and managing the UK sponsor licence application process.

For assistance with your Skilled Worker sponsor licence application, contact our UK business immigration lawyers in Switzerland on +41 21 588 07 70 or complete our enquiry form.