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

Key UK Immigration Updates for 2025: What You Need to Know

In 2025, the UK government remains focused on refining its immigration framework, prioritising skills-based immigration, streamlining application processes, and strengthening border security. A series of significant updates have been introduced to the immigration system, aiming to meet the evolving needs of the UK economy while maintaining national security. Below are the key changes to the immigration system and their implications for visitors, skilled workers, employers, global talent, families, and UK residents.

1. eVisa and Digital Immigration Status

The UK is moving to a fully digital immigration system, eliminating the need for physical documents like BRC and BRP. Immigration status will be accessible digitally via eVisa platforms.

However, due to ongoing technical issues, the Home Office has extended the grace period for BRPs and BRCs until 1 June 2025 for travel purposes. It is advisable to retain these documents and carry a printout of your visa approval letter, showing the expiry date, as secondary evidence.

While the grace period exists, an estimated 600,000 people still need to create their UKVI account to access their eVisa. If you fall within this group, you are strongly urged to act now by transitioning to eVisa at the earliest opportunity, as well as ensuring your passport details are updated in your UKVI account before travel.

2. Electronic Travel Authorisation (ETA)

The UK has implemented an Electronic Travel Authorisation (ETA) system for visitors from visa-exempt countries, including the USA, Canada, Australia, New Zealand, Japan, South Korea, Hong Kong (excluding BNO passport holders), Malaysia, the UAE, and others.

From 2 April 2025, nationals from EU/EEA countries and Switzerland will also be required to obtain an ETA to visit the UK. The current cost of an ETA is £10, with plans to increase it to £16 in the future. The ETA permits multiple entries to the UK, allowing stays of up to six months at a time for up to two years or until the holder’s passport expires—whichever comes first. Importantly, there is no “6-month in 12 months” rule, each visit simply cannot exceed the six-month maximum.

3. EU Settlement Scheme (EUSS) – Automatic Conversion of Pre-Settled to Settled Status

The Home Office has implemented a streamlined process for eligible holders of EUSS Pre-Settled Status without the need for an application to be submitted. Several thousand individuals have already been successfully transitioned to Settled Status through automated checks, and they will be notified of their status change or provided with further instructions if they are ineligible. This process will expand further throughout the year.

While the conversion will occur in phases, individuals eligible for Settled Status are advised to apply early to avoid delays. A key benefit of obtaining Settled Status is the ability to apply for British citizenship, as applicant must have held Settled Status for at least 12 months before applying (unless married to a British citizen).

4. Skilled Workers

The Skilled Worker visa remains the primary route for employment in the UK, designed to address labour shortages post-Brexit and attract skilled professionals. Operating on a points-based system, it assesses applicants based on qualifications, salary, and English proficiency.

Top Industries for Skilled Worker Visas in 2024

• Healthcare & Social Work – The largest share of skilled worker visas went to nurses, doctors, and social care workers, reflecting the urgent demand in these sectors.
• Information Technology (IT) – A strong demand persists for software developers, cybersecurity specialists, and data analysts, with ongoing skill gaps in the sector.
• Engineering – Although no longer on the shortage occupation list, civil, mechanical, and electrical engineers continue to receive a significant number of visas due to industry demand.
• Construction – Skilled trades such as electricians, plumbers, and project managers remain crucial for ongoing infrastructure projects.
• Education – Teachers, particularly in STEM subjects and special education, have been a focus of skilled worker visa allocations.

The UK prioritises high-demand fields such as healthcare, IT, and education while introducing initiatives to attract artificial intelligence (AI) and life sciences talent. Despite engineering’s removal from the shortage list, the persistent demand suggests ongoing workforce challenges.

Key changes include prioritising care workers in England and increasing the minimum salary threshold for health and education roles from £23,300 to £25,000. The government is also considering requiring industries with high reliance on immigration (such as healthcare, IT and engineering) to commit to domestic workforce training.

With these changes in place, applicants should act promptly to secure their Skilled Worker visas before further adjustments take effect.

5. Sponsor Licence Regulations

Between 2021 and 2024, the number of registered sponsors increased significantly from 38,800 to 110,500. In response, the Home Office has intensified compliance measures, introducing digital audits, risk identification systems, and enhanced scrutiny of suspicious payments.

Employers are now prohibited from passing sponsorship-related fees onto sponsored workers. This includes fees such as Certificate of Sponsorship charges, Immigration Skills Charges, and other associated costs. These changes aim to prevent employers from shifting the financial burden onto the workers they sponsor. Violating these regulations could result in revocation of the sponsor licence and financial penalties. Employers must review agreements and internal policies to ensure compliance and avoid disruptions.

The Home Office has also tightened scrutiny on “self-sponsorship” and start-up company applications, frequently rejecting them on grounds such as genuineness and compliance failures (e.g. right-to-work checks, pension requirements). However, current guidance does not prohibit self-sponsorship, provided a genuine role exists and the company demonstrates financial viability. Both start-ups and established businesses can still succeed in obtaining a Skilled Worker sponsor licence with proper preparation.

6. Global Talent

Global Talent Visa remains a key route for highly skilled professionals in digital technology, arts, culture, and academia. Several changes have been introduced for 2025, including updates to processing times, fees, and endorsement criteria.

Within Arts Council England and its sub-endorsing bodies, evidential requirements have been refined. Applicants must now submit CVs to clarify career stages, meet stricter support letter criteria, and provide clearer evidence of media recognition and international sponsorship. Awards must be for individual achievements, supported by evidence from at least two separate productions. The Prestigious Prizes route continues to exempt applicants from endorsement if they have won internationally recognised awards, with ongoing reviews of the qualifying prize list.

A significant change is the closure of Tech Nation as the endorsing body for digital technology applications from 1 May 2025 due to funding constraints. The government is seeking a successor to maintain continuity. Tech professionals should stay informed and submit applications before this transition to avoid potential disruptions.

7. British Citizenship ‘Good Character’ Requirement

To naturalise as a British citizen a person must, among other things, be of good character. The Home Office strengthened good character policy for citizenship to make it clear that anyone who enters the UK illegally or made dangerous journeys (e.g. small boats or hidden in vehicles) will normally be refused British citizenship, regardless of how much time has passed.

Each citizenship application will continue to be considered on a case-by-case basis and the Home Office may choose to apply discretion on an exceptional basis where there are particularly exceptional, compelling or mitigating circumstances, such as significant contributions to society or where necessary to comply with international obligations.

There is ongoing debate on this issue. Critics argue the policy is discriminatory and are calling for a review, while SNP MP Pete Wishart has proposed an amendment to disregard illegal entry when assessing good character.

8. Family Visa

The minimum income requirement for sponsoring family members to come to or stay in the UK is £29,000, or £88,500 if relying on cash savings, with exemptions for those receiving disability or carer benefits. Initial plans to raise this threshold to £3,500 and then to £38,500 and then to £38,700 in 2025 have been paused. Under the same formula, the required savings would be £101,000 and £112,750, respectively. The savings may be held in a combination of accounts, including those in the sponsor’s spouse’s, or joint name.

The Migration Advisory Committee (MAC) is reviewing the financial requirements, with any future changes depending on its findings and government decisions. Home Office sources have indicated that the review may take approximately nine months, but no firm timeline has been confirmed. Those considering an application are advised to submit before any future increases take effect.

9. Ukraine Visa Schemes

Since the launch of the Ukraine visa schemes, the UK has provided sanctuary to over 300,000 Ukrainians. The Home Office continues to review these schemes to ensure stability for those already in the UK. In 2025, the eligibility criteria under the Homes for Ukraine Scheme were amended to allow parents or legal guardians to sponsor their children to join them in the UK. Additionally, the Ukraine Permission Extension Scheme offers eligible Ukrainian nationals and their immediate family members an 18-month extension of their immigration permission.

There are currently no plans for settlement options, so those on the scheme should explore other immigration routes for permanent residency.

Conclusion

As the UK immigration policies continue to evolve, it is crucial for applicants and organisations to remain informed and proactive in navigating forthcoming changes. With the introduction of digital immigration statuses, revised visa requirements, and potential fee increases, it is advisable to submit applications as soon as eligibility is met. For guidance on how these changes may affect immigration objectives, consulting an immigration lawyer is recommended to ensure compliance and optimise opportunities within this shifting legal landscape.

Read More