Authorising Officer
Ultimately ‘responsible’ for the sponsor licence, the AO is the licence’s most important ‘Key Personnel’.
Sponsors must have one Authorising Officer (AO) for as long as they hold a licence.
You can change your AO as many times as you need, provided the person you choose is eligible to take on the position.
Only one person at a time can hold this position, so choose wisely.
Taking on this role is a significant step – you should know what is expected of an Authorising Officer before you volunteer (or nominate a colleague).
It is worth asking of your future AO:
- Would the person be comfortable to be interviewed by the Home Office (speak on behalf of the business including answering questions about HR, recruitment and sponsorship)?
- Does the person have (or can they be granted) direct access to HR and personnel records?
- Does the person regularly check their emails (this is how the Home Office would contact the sponsor)
- Is the person soon to leave the business or move overseas (would they need to be promptly replaced)?
Information about who you can nominate as your Skilled Worker Sponsor Licence AO can be found in the Home Office’s Sponsor Licence guidance (paragraph L4).
Check that the person meets the eligibility criteria:
- Is UK-based (lives in the UK)
- Is a paid employee or a post-holder (i.e. statutory Director, company secretary)
- Has sufficient seniority in the business
- Has oversight over the company’s recruitment
- Is involved in the day-to-day running of the business (is not an outsourced individual like a legal representative or HR advisor)
- Follow A Y & J Solicitors to stay up-to-date with key changes.
- Contact A Y & J Solicitors for assistance and support.
Other Key Personnel
In addition to the AO, a sponsor must appoint two further Key Personnel.
- Key Contact – a person who receives Home Office updates and communication about the sponsor licence.
- Level 1 user – a person who can access and administer the Sponsor Management System.
Key Contact
The Key Contact can speak to the Home Office on behalf of the sponsor but does not hold equivalent responsibility to the AO.
There can be only one Key Contact at a time and the Authorising Officer can double up as the Key Contact.
A UK-based regulated immigration lawyer can be appointed your Key Contact (legal representative).
Level 1 users
All sponsors have access to an online portal called a Sponsor Management System (SMS).
To gain full access to the portal, you must be an approved Level 1 user.
Level 2 users can also be added, but Level 2 access is very limited.
- At least one Level 1 user must be an employee or post-holder of the business.
- At least one Level 1 user must be a ‘settled’ worker (for example, someone with British Citizenship, EUSS status or indefinite leave to remain).
The Authorising Officer does not automatically get Level 1 access to the Sponsor Management System, they need to be appointed as Level 1 user.
The sponsor can have multiple Level 1 and Level 2 users.
A UK-based regulated immigration lawyer can be appointed as one of your Level 1 users (legal representative).
In summary
All Key Personnel must be UK-based. They must also be paid employees or post-holders of the business. An exception is for the Key Contact and Level 1 user position, where a legal representative can be appointed.
- Regulated immigration lawyers can guide you on making a sponsor licence application and maintaining your sponsor licence.
- Regulated lawyers can assist with Sponsor Management System administration.
- Before choosing an immigration lawyer, check that they are suitably regulated to give immigration advice, for example through OISC or SRA regulation.
Speak to an immigration specialist to better understand the responsibilities of your Key Personnel and for assistance with your sponsor licence application, sponsor compliance and ongoing SMS administration.
