SPONSOR LICENCE APPLICATIONS FOR SWISS EMPLOYERS IN THE UK

If you're a Swiss employer in the UK looking to hire a Swiss citizen (or other non-UK national) who isn't a settled worker or doesn't have the necessary immigration permission to work for you in the UK, you will need to apply to the Home Office for a sponsor licence.

Types of UK Sponsor Licences

As a Swiss business operating in the UK, the type of sponsor licence you will need depends on the immigration route of the overseas worker. Each licence type has specific requirements. It's important to note that most EU, EEA, and Swiss nationals arriving in the UK after 31 December 2020 need sponsorship to work in the UK.

What is a Sponsor Licence?

A sponsor licence allows a Swiss company based in the UK to employ workers from outside the UK. This includes non-EU nationals and most citizens of the EU, Iceland, Liechtenstein, Norway, and Switzerland who arrived in the UK post-31 December 2020.

If you are a Swiss business operating in the UK, you do not need a sponsor licence to employ:

• Irish citizens

• Individuals with settled or pre-settled status under the EU Settlement Scheme

• Persons with indefinite leave to remain in the UK

• Foreign nationals with existing work permission in the UK

To secure a sponsorship licence, your Swiss firm operating in the UK must submit an application to the Home Office and pay the associated fee. Swiss businesses of all sizes and sectors can apply, provided they meet the business eligibility and job suitability requirements for the specific sponsor licence category.

Requirements for a Sponsor Licence for a Swiss Business Operating in the UK

To apply successfully for a sponsor licence for a Swiss enterprise in the UK, you must meet general and route-specific requirements.

General Requirements for a UK Sponsor Licence for a Swiss Company in the UK

You must prove to the Home Office that:

1. Legitimacy: Your organisation is genuine and operating lawfully in the UK.

2. Integrity: You are honest, dependable, and have no history of behaviour contrary to the public good.

3. Capability: You can fulfil sponsor duties and comply with regulations as set out in sponsor guidance.

Documentation: You will need to submit various company-related documents, which vary based on your organisation type and the UK immigration routes you wish to sponsor migrants on.

Background Checks: The Home Office will review the history and background of your business and the key personnel named in your application.

HR Procedures: The Home Office will assess your human resources and recruitment procedures to ensure compliance with sponsor duties.

Route-Specific Requirements for a Sponsor Licence for a Swiss Company in the UK

Each UK immigration route has additional requirements that must be met. For instance:

Skilled Worker Sponsor Licence:

• Employment must meet skill and salary level requirements.

• The job must be genuine.

• There must be a direct employer-employee relationship.

UK Expansion Worker Sponsor Licence:

• Employment must meet skill and salary level requirements.

• The job must be genuine.

• There must be a qualifying link between the UK sponsor and the overseas business.

• The overseas business must not already be trading in the UK but should have a UK footprint and genuine plans to establish a trading presence within two years.

Other Worker and Temporary Worker Routes

The UK also offers immigration routes such as the Global Business Mobility – Senior or Specialist Worker, Scale-up, International Sportsperson, Minister of Religion, and Creative Worker routes. Each has specific requirements that must be met.

Application Process for a Sponsorship Licence for a Swiss Business in the UK

Documents Needed From Swiss Employers

Whether your UK business is a UK branch of a Swiss firm or a UK subsidiary or a Swiss company, employers must provide at least four mandatory documents as outlined in Appendix A of the Home Office sponsor guidance. This includes information about your UK organisation, the job role, and the candidate, along with a rationale for applying for a sponsor licence.

Appointing Key Personnel

Swiss employers in the UK must appoint:

• Authorising Officer: Responsible for the licence and ensuring compliance.

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

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

These roles must be filled by suitable personnel, with specific requirements for each role.

Applying for a Sponsor Licence for a Swiss Commercial Operation in the UK

UK sponsor licence application by Swiss multinational companies in the UK are made by completing an online form, paying an application fee, and submitting all relevant documents within five working days. A legal representative can assist with preparing the sponsor licence application for a Swiss employer, but the application must be submitted by the Swiss-owned company in the UK.

UK Sponsor Licence Application Costs for Swiss-Owned Businesses in the UK

The application fees for a Switzerland-based company operating in the UK to apply for a sponsor licence in the UK are as follows:

• Small company/charity: £536.00

• Medium/large company: £1,476.00

Sponsor Licence Application Processing Times for Swiss Companies in the UK

Sponsor licence applications by corporations from Switzerland trading in the UK typically take up to 8 weeks to be processed. A priority service costing £500.00 can expedite the decision to 10 working days.

Sponsor Licence Duration

A sponsor licence is valid for 10 years. For the UK Expansion Worker route, the licence is non-renewable as a UK trading presence must be established within two years.

Maintaining a Sponsor Licence

If your UK sponsor licence is approved, your Swiss business in the UK will usually receive an 'A' rating and gain access to the Sponsor Management System (SMS) to manage your licence and report certain events. Failure to meet duties could result in losing your licence.

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.

Contact us for professional, approachable, and proactive immigration advice tailored to your business needs.