PROJECT DETAILS
At Zenith lawyers, we dealt with a case of care company struggling to find staff because of Brexit. We got them a license to hire workers from other countries. Within depth legal help, we made sure they followed the rules. Now, they have successfully hired 8 workers from different like Pakistan, India, and Nigeria. This case is the highlight of our expertise how we have helped the companies get the sponsorship license.
- Category Immigration
We recently received an enquiry from the director of a company (domiciliary care business) whereby the company provided domiciliary care workers to attend houses of individuals that require individual support with day to day household tasks, much of the service was provided by instruction from the local council. The business was experiencing difficulty recruiting and maintaining staff to fulfil the growing needs of the business. This problem has been further exacerbated due to Brexit, as now EEA nationals who were not residents in the UK prior to 31 January 2020 were no longer available to employ, thereby reducing the work pool – the business required a solution and fast.
After undertaking a consultation with the director, we advised that the best way forward for the business would be to apply for a sponsorship licence. Once granted the business would be able to offer employment to foreign nationals both from outside the UK and also foreign nationals who are currently residing in the UK, such as students or others, on different immigration routes.
The application process is stringent as the Home Office in
summary need to be satisfied that:
- The business is a genuine organisation operating lawfully in the UK – to prove this certain documents must be provided
- Key personnel are honest, dependable, reliable, and are not engaging and have not engaged in behaviour or actions that are not conducive to the public good – to judge this they will look at history and background, the key personnel named in the application, and any people involved in the day to day running of the business
- The key personnel are capable of carrying sponsor duties
- The business can offer genuine employment that meets the skill and salary requirements
- Otherwise meet the eligibility and suitability requirement
We worked with the director of the business to ensure that we submitted a robust application, including the specified documents that the Home Office require in order to assess the application. If any of the required documents are not provided with the application, the Home Office simply reject the application and will not process the application. If the Home Office assess the application and thereafter refuse the application for one of a number reasons, the business is prohibited from re-applying for six months, thereby wasting costs and time.
Along with the application, we submitted legal representations to the Home Office ensuring the Home Office caseworker had been provided with sufficient information about the business to demonstrate the structure of the business and why there is a need for the sponsor licence. We also evidenced that the business meets the stringent requirements and further, there is no reason why the application should not be successful.
Often, the Home Office caseworkers do need to ask further questions if the application is not robust. In our client’s case, the application was granted within the 8-week Home Office published timeframe, without the need for additional information to be provided.
Our client has now employed 8 foreign workers ranging from Pakistan, India and Nigeria, in order to fulfill the growing business requirements. We are now in the process of applying for a further two sponsorship licences for our client as the business has expanded providing their services for two other local authorities.
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