Key Personnel in Sponsor Licence Applications

Amir Nikfekr
4 days ago
4 min read

When making a UK sponsor licence application, you must declare who you want to nominate for each key personnel position on your form. This post will cover what the key personnel positions are, who can take up these positions, and the responsibilities of each position.

hierarchy of sponsor licence key personnel on chalkboard

Key Personnel: Authorising Officer

What is an Authorising Officer?

An Authorising Officer is the most senior person in your company responsible for the recruitment of migrant workers. The Authorising Officer is also responsible for your company's compliance with sponsor licence duties. Only one person can be nominated for this role. If your Authorising Officer leaves your company, they must be replaced by a suitable alternative via the Sponsor Management System.

Who can be an Authorising Officer?

An Authorising Officer must be a paid member of staff or engaged by you as an office holder. This person must usually be based in the UK for the duration of the role. They cannot have any unspent criminal convictions or be prohibited from being a company director in the UK.

Can an Authorising Officer hold other Key Personnel roles?

Yes, an Authorising Officer can assume multiple positions, including as a Level 1 User, Level 2 User, and Key Contact. An Authorising Officer will not have access to the Sponsor Management System unless they also act as the Level 1/2 User.

Key Personnel: Level 1 User

What is a Level 1 User?

A Level 1 User is responsible for carrying out the day-to-day sponsorship activities using the Sponsor Management System. This person will have a unique User ID and password which must only be accessible to them. This includes:

Assigning Certificates of Sponsorship to workers
Requesting an increase in annual Certificate limits
Requesting an increase in the number of Level 1 Users
Adding or removing Level 2 Users
Reporting minor changes in details, changes of circumstances, and worker activity
Accessing messages and updates from UKVI

Who can be a Level 1 User?

A Level 1 User must be based in the UK for the duration of their role. They must be a paid member of staff or office holder. They must not have any unspent criminal convictions or be prohibited from being a UK company director. Your company must always have at least one Level 1 User who is settled in the UK.

Can a Level 1 User hold other Key Personnel roles?

Yes, a Level 1 User can theoretically hold the positions of Authorising Officer and Key Contact if they are suitable for these roles.

Can there be multiple Level 1 Users at the same time?

You can only nominate one person as a Level 1 User when you make an application for a sponsor licence. Further Level 1 Users can be requested once your licence is obtained, provided they meet one of these requirements:

They are a paid member of staff or office holder in your organisation
They are an employee of a third-party organisation engaged by you to deliver your HR function
They are a UK-based representative

Key Personnel: Key Contact

What is a Key Contact?

A Key Contact is the main point of contact between your company and UKVI. They will receive all formal communications, but will not have access to the Sponsor Management System unless they are also the main or additional Level 1 User, or Level 2 User.

Who can be a Key Contact?

A Key contact must be based in the UK for the duration of their role. They must be a paid member of staff or engaged by you as an office holder. They must not have any unspent criminal convictions or be prohibited from being a UK company director. You can appoint a UK-based representative as your Key Contact.

Can a Key Contact hold other Key Personnel roles?

Yes, a Key Contact can hold the positions of Authorising Officer and Level 1 or Level 2 User if they are suitable for these roles.

What is an Office Holder?

If your Authorising Officer, Level 1 User, or Key Contact are not employed by your company, they can still be appointed to these roles if they are an office holder. An office holder is defined as:

A person who has been appointed to a position by a company or organisation but does not have a contract or receive regular payment... This includes: - statutory appointments (e.g. company directors or secretaries, board members, or crown appointments) - appointments under the internal constitution of an organisation (e.g. club treasurers or trade union secretaries) - appointments under a trust deed (e.g. trustees) - ecclesiastical appointments (e.g. members of the clergy)

Can I appoint a legal representative for Key Personnel roles in my sponsor licence application?

A company's legal representative can be appointed as any Key Personnel position, except for Authorising Officer. They must also not be the only Level 1 User on record. We regularly advise clients and their organisations at the sponsor licence stage and beyond, including acting as their company's Level 1 User and Key Contact. We also provide tailored advice on an ongoing basis to ensure company's stay compliant with strict and constantly evolving UKVI requirements.

Contact us below if you want to explore whether a sponsor licence is right for your organisation, if you have queries regarding any of the Key Personnel positions, or want help with an upcoming audit or compliance interview.