Latest Posts

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

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.

Read More

Representative of an Overseas Business Visa (Extension / Settlement) – The Home Office’s Increasingly Stringent Requirements

The representative of an Overseas Business visa has long been an essential route for overseas businesses looking to establish a presence in the UK. However, with the route now closed to new applicants, those seeking extensions or settlement under this category are facing an increasingly strict scrutiny process from the Home Office.

Immigration practitioners, myself included, have observed a notable shift in the level of detail being demanded from applicants. Many are being called for interviews, and refusals are becoming more common. The Home Office’s approach suggests that they are keen to ensure that only genuine representatives of overseas business continue to benefit from this route. Consequently, they are requesting extensive documentation, much of which is neither explicitly listed in the Immigration Rules nor mentioned in official guidance. This applies regardless of whether you are applying for an extension or settlement.

The Expanding List of Documentation Requests

Beyond the standard supporting evidence, the Home Office is now demanding a wide range of additional business and financial records, often requiring significant time to compile. The Home Office places significant emphasis on assessing whether the UK branch or subsidiary maintains active contracts and a client base within the UK, demonstrating its continued commercial viability and relevance in the market.

Commonly requested documents include:

• Detailed descriptions of business activities, contracts, and invoices from UK clients.
• Proof of financial transactions, financial statements, invoices, and VAT returns.
• Proof of business premises, including tenancy agreements and photographs.
• Employment records for UK-based staff, including job descriptions, contracts, payslips, PAYE and RTI reports.
• A full breakdown of the applicant’s role, detailing day-to-day duties and responsibilities in the UK.
• Advertising and promotional materials, such as website content and marketing documents, and public-facing communications.
• Overseas business documents, including Memorandum of Association, Articles of Association, shareholding details, and proof of active trading.

This is by no means an exhaustive list, but it highlights the extent to which applicants must now be prepared to substantiate their role and the legitimacy of the UK business.

Home Office Deadlines and the Importance of Preparation

The Home Office typically provides 10 working days to supply additional documentation once requested. However, it is possible to request an extension if more time is needed. That said, it is always advisable to be fully prepared in advance to avoid rushing and potentially overlooking critical details.

The last thing you want is to be pushed into an interview stage due to incomplete or unclear documentation. These interviews can be tricky and exhausting, often leading to further scrutiny or complications that could impact your application outcome. Avoiding an interview wherever possible should be a key objective, and thorough preparation is the best way to achieve this.

Why Is the Home Office Taking a Harder Stance?

The increased level of scrutiny appears to stem from a desire to tighten compliance and prevent misuse of the visa system. As the route is now closed to new applicants, the Home Office likely views extensions and settlement applications as an opportunity to reassess whether those already in the UK still meet the eligibility criteria.

Unfortunately, some applicants are unprepared for the depth of investigation that now accompanies an extension or settlement applications. Even legitimate businesses with genuine UK operations can face difficulties if their documentation does not fully align with what the Home Office expects to see.

Seek Professional Legal Guidance

Given the complexity and unpredictability of these document requests, seeking expert legal assistance is more crucial than ever. A well-prepared application, supported by the right evidence, significantly reduces the risk of delays, interviews, or refusals.

As an immigration lawyer, I have successfully guided numerous clients through this challenging process, ensuring they provide the necessary documentation while avoiding unnecessary pitfalls. My advice to any Sole Representative visa holder is simple: do not take your extension or settlement application lightly. Even if your business is fully compliant, failing to anticipate the Home Office’s demands can put your immigration status at risk.

If you are preparing to extend your visa or apply for settlement, now is the time to get expert advice. The stakes are high, and the margin for error is smaller than ever. Reach out to ensure that your case is presented in the strongest possible light, before the Home Office puts your business under the microscope.

Read More

Celebrating New Promotions and Milestones at Quastels

At Quastels, the strength of our firm lies in the outstanding individuals who drive innovation, deliver exceptional client service, and embody our values. We are delighted to announce a series of well-deserved promotions that reflect the continuing growth of our practice and the bright future ahead.

Lin Li

Lin Li has been promoted to Senior Associate in our Immigration team. Lin is highly regarded for her technical expertise across a wide range of immigration matters, including complex corporate immigration, family visas, British nationality applications, and sponsor licences. Fluent in Mandarin and Cantonese, Lin has build a reputation for her client-centric approach, guiding both businesses and individuals through the evolving UK immigration landscape with skill and empathy. Her promotion recognises her outstanding contributions to the firm’s expanding immigration practice.

Ann Goh

Ann Goh has been promoted to Associate in our Litigation and Dispute Resolution Department. As a key member of the team, Ann advises on a broad spectrum of general commercial and insolvency matters, including contractual disputes of all kinds, civil fraud, company and partner disputes, and insolvency and restructuring. She is regularly instructed in complex/multi-jurisdictional matters and is consistent in delivering results for her clients. Ann’s promotion reflects not only her continued commitment to excellence but also her growing influence within the team and the depth of expertise within our disputes practice.  

Florence Wilson-Gunn

We are equally proud to announce that Florence Wilson-Gunn has qualified as a Solicitor and joins our Dispute Resolution team following the successful completion of her training contract at Quastels. Florence has worked across a number of departments during her training, gaining wide-ranging experience and demonstrating exceptional diligence, adaptability, and a clear passion for dispute resolution. We are excited to see Florence continue to develop her practice as she embarks on this next stage of her career with us.

These promotions are a testament to the extraordinary calibre of our team at Quastels. We are committed to investing in the growth and development of our people as part of our long-term strategy to remain a destination firm for both talented lawyers and clients seeking cutting-edge legal advice.

Congratulations to Lin, Ann, and Florence on these well-earned milestones. We are excited for what the future holds.

Read More