Level 1 user requirements change – skilled worker sponsor licence
Level 1 user changes announced by Home Office. UK Visas and Immigration UKVI immigration rules and guidance are changing frequently and there have been recent changes to Key Personnel requirements. This blog is specifically focused on key personnel and particularly Level 1 user role for skilled worker sponsor licence.
One of the key duties for each sponsor licence applicant and also for sponsor licence holder is to fill the positions of Authorising Officer, Key Contact and Level 1 user, and keep them active throughout the licence validity. The most important Key Personnel position is the Authorising Officer. Optionally, sponsor organization can also appoint level 2 user(s), a person whose functions and actions on Sponsor Management System (SMS) are limited. All those key position for sponsor licence, are called Key Personnel.
Authorising Officer – a senior person within your organisation who has overall responsibility for your activity as a licensed sponsor
Key Contact – your main point of contact with UKVI
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.
Legal representative and other third parties in Level 1 user roles
You cannot nominate a representative as a Level 1 User when you first apply for your licence. You must first ‘appoint’ them as your representative. When you have been granted a licence, you can then nominate that person as an additional Level 1 User or as a Level 2 User. If you have only one Level 1 User, that person must not be a representative.
If you use the services of a third-party organisation to deliver some or all of your human resources function, you can appoint an employee of that organisation to act as: • an additional Level 1 User (they cannot be your primary or sole Level 1 User) • a Level 2 User
A temporary staff member supplied to you by an employment business (or ‘temp agency’) can be appointed as a Level 2 User. They cannot fill any other Key Personnel role.
Level 1 user when applying for sponsor licence on or after 31 December 2024
If you apply for your sponsor licence on or after 31 December 2024, you must nominate at least one Level 1 User (also referred to as your ‘primary’ Level 1 User) who meets both of the following requirements:
they are an employee, a director or a partner within your organisation
they are a ‘settled worker’, as defined section S1 of Part 2: Sponsor a worker (unless an exception set out below applies)
If you fail to nominate a Level 1 User who meets both of these requirements, Home Office is likely to refuse your application.
If you are granted a licence, you must ensure you have at least one Level 1 User in place throughout the life of your licence who meets the above requirements. If you do not, Home Office will revoke your licence. The only exception to this is if you are in administration, in which case an insolvency practitioner can fill this role. For further information, see section C3 of Part 3: Sponsor duties and compliance.
You can nominate more than one Level 1 User in your sponsor licence application but any additional Level 1 Users must be a paid member of staff or an office holder within your organisation. You cannot nominate a representative or a person from another organisation at this stage.
After your licence has been granted, you can (if you wish) appoint additional Level 1 Users. Additional Level 1 Users must be one of the following: • a paid member of staff or an office holder within your organisation • an employee of an organisation engaged by you to deliver all or part of your human resources function • a UK-based representative.
Exceptions to the ‘settled worker’ requirement
The requirement to have at least one Level 1 User who is a settled worker does not apply if you are a diplomatic mission, a consular post or an international organisation, and you are licensed (or applying to be licensed) on the International Agreement route.
The requirement also does not apply if your Authorising Office is a person with valid entry clearance or permission to stay as any of the following:
• a Representative of an Overseas Business • a Tier 1 (Graduate Entrepreneur) migrant • a Tier 1 (Entrepreneur) migrant • a Tier 1 (Exceptional Talent) migrant • a Start-up migrant • an Innovator or Innovator Founder • a Global Talent migrant • a UK Expansion Worker
Even if this exception applies, you must ensure you have at least one Level 1 User who is an employee, a director or a partner within your organisation. If your Authorising Officer is later granted permission on a route not listed above, you must appoint a Level 1 User who fully meets the normal eligibility requirements set out at paragraph above (i.e. If you apply for your sponsor licence on or after 31 December 2024, you must nominate at least one Level 1 User (also referred to as your ‘primary’ Level 1 User) who meets both of the following requirements:• they are an employee, a director or a partner within your organisation • they are a ‘settled worker’, as defined in Home Office guidance.
Transitional arrangement for Level 1 Users of existing sponsors
If you already hold a valid sponsor licence on or before 31 December 2024, or applied for a licence before that date which was granted, you must have: • at least one Level 1 User who is an employee, a director or a partner within your organisation • at least one Level 1 User who is a settled worker (unless an exception specified above applies). These requirements can be met by a single Level 1 User, or by two separate Level 1 Users.
In future, Home Office will likely require all sponsors to have at least one Level 1 User who, on their own, meets both of the above requirements. Home Office will publish further information about this in a future update to their guidance. In the meantime, Home Office recommends, as a matter of best practice, you appoint one at least one Level 1 User who can meet both of these requirements.
