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Does the Authorising Officer Need to Be a Settled Worker? Understanding Key Personnel in Sponsor Licence Applications

A female authorising officer wears a lanyard stating her role. The lanyard states sponsor licence on the neck to explain the type of visa the article refers to.

At Quastels, we regularly advise businesses preparing to apply for a UK sponsor licence. One of the most common questions we receive is whether all key personnel, especially the Authorising Officer, must be settled workers. The short answer is not necessarily!

Understanding the roles and requirements of your key personnel is crucial to a smooth sponsor licence application process. Here’s what employers need to know.

Who are the Key Personnel?

When applying for a sponsor licence, your business must nominate three key personnel:

  1. Authorising Officer – a senior person within your organisation who has overall responsibility for your activity as a licensed sponsor. This person should attend interviews requested by the Home Office during pre-licence assessments or post-licence compliance audits.
  2. Key Contact – your main point of contact with UKVI.
  3. Level 1 User – a person within your organisation who is responsible for your day-to-day activity as a licensed sponsor, including assigning and requesting Certificates of Sponsorship (CoS) and reporting worker activity or changes to your organisation.

While these roles can sometimes be held by the same person, each comes with its own eligibility criteria, especially regarding immigration status.

Must the Authorising Officer be a Settled Worker?

Your key personnel must usually be a paid member or an office holder from within your organisation. However, the Authorising Officer does not need to be a settled worker. In fact, this role can be filled by someone with a valid visa, such as an Innovator Founder or Global Talent visa, or other eligible immigration categories, such as a PBS dependent visa or spouse visa, provided they meet the suitability criteria and so not have a conflict of interest (e.g. being sponsored by the same company for which they will act).

However they must:

  • Be based in the UK;
  • Have sufficient authority to oversee the sponsorship process;
  • Have a valid National Insurance Number (unless on exemption situation);
  • Not be a contractor or consultant who is contracted for a specific purpose.

The Role That Must be a Settled Worker: Initial Level 1 User (exemption may apply)

The critical restriction lies with the Level 1 User at the time of application. UKVI requires the initial Level 1 User to be a settled worker. This individual manages the licence on the Sponsor Management System (SMS) and handles compliance reporting.

After the licence is granted, additional Level 1 and Level 2 Users can be appointed, and in some cases, may include those on visas.

However, the ‘settled worker’ requirement for the Initial Level User is exempt if your Authorising Officer has valid entry clearance or permission to stay in the UK as a certain visa category, such as Innovator Founder, Global Talent or UK Expansion worker. They are allowed to self-manage their sponsor licence as part of their business operations.

Get Expert Advice

The sponsor licence application process can be complex, particularly when it comes to structuring your team of key personnel. Making mistakes can lead to delays or even refusal.

If you need help with your sponsor licence application, or if you are unsure who can act as your Authorising Officer or Level 1 User, or which immigration status qualifies as ‘settled worker’, our expert immigration team is here to help.

Lin Li

Senior Associate

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