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SKILLED WORKER SPONSOR LICENCE
SKILLED WORKER SPONSOR LICENCE FOR SWISS EMPLOYERS IN THE UK
The UK Skilled Worker route is a sponsored pathway open to Swiss nationals (and non-Swiss nationals) residing in Switzerland who have received an offer of an eligible skilled job in the UK from a Home Office-approved sponsor. To obtain a Skilled Worker visa, applicants from Switzerland must be sponsored for a specific job that meets certain skill and salary criteria, by a UK-based employer holding a valid Skilled Worker sponsor licence.
This guide is primarily aimed at Swiss employers based in the UK (or looking to expand into the UK) who are considering applying to the UK Home Office for authorisation to sponsor a non-settled worker as a Skilled Worker. On this page we offer comprehensive guidance on the general and route-specific requirements necessary for a successful Skilled Worker sponsor licence application.
Which Swiss Workers Need to Be Sponsored on the Skilled Worker Route?
If you are a Swiss company operating in the UK, you will need to sponsor any Swiss worker (or other international employee) if they are not a UK settled worker or do not already have immigration permission to work for you in the UK. This includes most EU, EEA, and Swiss nationals who arrive in the UK after 31 December 2020. To sponsor a Skilled Worker, your Swiss enterprise in the UK must be authorised by the Home Office as a licensed Skilled Worker sponsor.
There is no cap on the number of workers a Switzerland-based business in the UK can sponsor under a Skilled Worker sponsor licence. However, during the application process, you must provide an estimate of the number of Certificates of Sponsorship (CoS) you expect to assign in the first year. This requires careful consideration and justification based on your anticipated hiring needs.
How to Apply for a Skilled Worker Sponsor Licence for a Swiss Business in the UK
For your Swiss-owned business in the UK to apply for a Skilled Worker sponsor licence successfully, you must satisfy various general and route-specific requirements.
General Requirements for a Skilled Worker Sponsor Licence for a UK Branch or Subsidiary of a Swiss Company
When applying for a sponsorship licence for a Swiss enterprise in the UK, as part of your Skilled Worker sponsor licence application, you will need to demonstrate to the Home Office that:
Genuine Organisation Operating Lawfully in the UK: You will need to provide at least four specified documents as outlined in Appendix A of the sponsor guidance. The exact documents will vary based on your application circumstances. Appendix A includes:
Table 1: Public authorities or companies listed on the London Stock Exchange.
Table 2: Start-ups, franchises, and charities.
Table 3: Specific evidence for particular tiers.
Table 4: Various other possible documents, including the latest audited accounts if required.
Honest, Dependable, and Reliable: The Home Office will examine your business history, the backgrounds of the Key Personnel named in your application, and anyone involved in your business operations.
Capable of Carrying Out Sponsor Duties: You must show that you can meet sponsor duties, including reporting, record-keeping, and compliance with UK immigration law. The Home Office will review your HR and recruitment processes. Sponsorship duties include reporting changes such as start dates or work locations within specified time frames and maintaining employment records.
Home Office Visits: The Home Office may visit your organisation to verify compliance, especially if your business is new or considered high risk. These visits can be announced or unannounced, checking HR systems, interviewing the Authorising Officer, and possibly sponsored employees.
Failure by a Swiss commercial operation in the UK to meet its sponsor duties can result in the revocation or suspension of a licence and the curtailment of sponsored workers’ visas.
Route-specific Requirements for a Skilled Worker Sponsor Licence Applications by a Swiss Corporate Presence in the UK
Skill Level Requirement
Switzerland-based businesses operating in the UK will need to ensure the job meets the skill-level requirement (typically level 3 or above on the Regulated Qualifications Framework for England and Northern Ireland). The job must align with eligible occupations listed in Appendix Skilled Occupations and Appendix Immigration Salary List, each with a SOC 2020 occupation code. The job must be genuine, and the occupation code must be appropriate to avoid visa refusals.
Salary Level Requirement
Employment must meet specific salary thresholds, usually a general salary threshold and the ‘going rate’ for the applicable SOC 2020 occupation code. The general salary threshold varies, with higher thresholds for most jobs but lower for those scoring ‘tradable points’ or in certain health and education roles. The going rate is based on a 37.5-hour workweek and must be prorated if different weekly hours apply.
Tradable Points
Certain applicants can be paid below the general threshold if they earn tradable points for attributes such as:
PhD qualifications (relevant or in STEM)
Job offers on the Immigration Salary List
New entrants to the labour market
Genuine Employment Requirement
The Home Office must be satisfied that the job is genuine and necessary for your Swiss business in the UK. Any suspicion of a sham job created primarily for visa purposes will lead to refusal.
Working for a Third Party
There must be a direct employer-employee relationship, and the role should not involve contracting the worker to a third party for routine work. The sponsor must be the employer responsible for paying the worker.
Key Personnel in Sponsor Licence Applications by Swiss Enterprises in the UK
Swiss firms operating in the UK must appoint key personnel to manage their sponsor licence:
Authorising Officer: Senior person responsible for the licence.
Key Contact: Primary point of contact with the Home Office.
Level 1 User: Manages day-to-day sponsorship activities via the Sponsorship Management System (SMS).
Each must be based in the UK, without any unspent criminal convictions or adverse history, and be paid members of your staff or engaged as office holders.
Certificate of Sponsorship (CoS) Allocation
When applying for a UK sponsor licence for a UK branch or subsidiary of a Switzerland-based business or for any other Swiss-owned business in the UK, you will need to estimate and justify the number of CoS you need for the first year. Approved allocations must be used within 12 months, though you can apply for more if necessary. Unused CoS do not carry over to the next year, but you can apply for new allocations annually.
Applying for a Skilled Worker Sponsor Licence for a Swiss Company in the UK
Swiss-owned ventures operating in the UK that wish to apply for a Skilled Worker sponsor licence will need to complete an online application form, pay an application fee and submit relevant documents within 5 working days. The sponsor licence application will need to include details about key personnel and supporting evidence that satisfies the eligibility criteria. A legal representative can assist with preparing a sponsor licence application for a Swiss business in the UK, but the sponsor licence application must be submitted by the sponsoring employer.
Skilled Worker Sponsor Licence Costs and Timeline for Swiss Businesses in the UK
The application fee for a Skilled Worker sponsor licence is £536 for small companies or charities and £1,476 for medium or large companies. Decisions typically take up to 8 weeks, with a priority service available for £500, delivering a decision within 10 working days.
Duration and Renewal
A successful licence is valid for 10 years. To continue sponsoring workers after this period, you will need to apply for renewal before the licence expires. If refused, there is no right of appeal, and a six-month cooling-off period will apply.
Sponsor Licence Rating
Approved applications receive an ‘A’ rating. Non-compliance can result in downgrading to a B-rating, requiring adherence to a sponsorship action plan. Failure to meet the plan can lead to licence revocation.
Immigration Requirements for a Skilled Worker Visa
Sponsored workers must meet various eligibility criteria, including appropriate skill levels, salary thresholds, English language skills (B1 or higher), and financial requirements. As an A-rated sponsor, you can certify that the financial requirement is met when assigning a CoS.
How Our UK Immigration Lawyers in Switzerland Can Help
Through the Swiss office of our UK immigration law firm, we are delighted to offer a comprehensive range of UK immigration legal services to Swiss companies based in Switzerland and the UK.
Our specialist UK immigration lawyers help Swiss employers with a UK presence to obtain and maintain UK sponsor licences for their UK entity, ensuring compliance with sponsor duties. We provide tailored support to Swiss companies operating in the UK, from documentation advice to drafting business cases and managing the UK sponsor licence application process.
For assistance with your Skilled Worker sponsor licence application, contact our UK business immigration lawyers in Switzerland on +41 21 588 07 70 or complete our enquiry form.
WE CAN ALSO ASSIST WITH
Challenging Skilled Worker Sponsor Licence Application Refusals for Swiss Businesses in the UK
There is no right of appeal against the refusal of an application for a sponsor licence.
If the Sponsor Licence Refusal decision was the result of either a caseworker error or the result of supporting evidence sent as part of your application not being considered by UKVI then our immigration barristers can assist you to request that the error be corrected and, if appropriate, submit a new online sponsor licence application.
If the decision to refuse your sponsor licence application was unlawful, unreasonable or procedurally improper, our immigration barristers can apply for Judicial Review and provide representation at Judicial Review hearings.
We also assist employers to prepare fresh applications for sponsor licences following previous refusal decisions.
Applications for Skilled Worker Visas for Residents of Switzerland
The Skilled Worker Visa is open to individuals of all nationalities (except British and Irish) who have an offer of an eligible skilled job in the UK from a Home Office-approved sponsor. The route can lead to settlement and applicants can be joined by dependent partners and children.
In order to qualify for a Skilled Worker Visa, you will need to satisfy UK Visas and Immigration that:
You are aged 18 or over;
You have a valid Certificate of Sponsorship for the job you are planning to do;
Your job offer is a genuine vacancy;
Your sponsor has paid any required Immigration Skills Charge;
Your job is at an appropriate skill level;
You are competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0);
You will be paid a salary which equals or exceeds both a general salary threshold and the ‘going rate’ for the occupation;
You have enough money to support yourself without relying on public funds;
You have provided a criminal record certificate, if required; and
You have provided a valid TB certificate, if required.
The exact requirements you will need to satisfy will vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.
Applications for Settlement as a Skilled Worker for Swiss Employees in the UK
In order to qualify for Settlement as a Skilled Worker, you will need to satisfy UK Visas and Immigration that:
You have spent a continuous period of 5 years in the UK;
The 5-year continuous period consisted of time with permission on any of, or any combination of, the following routes: Skilled Worker, Global talent, Innovator, T2 Minister of Religion, International Sportsperson, Representative of an Overseas Business , Tier 1 Migrant (other than as a Tier 1 (Graduate Entrepreneur) Migrant) or Scale-up;
You have not been outside for more than 180 days during each year of the 5-year continuous period;
You have passed the Life in the UK test (unless aged 65 or over);
Your sponsor is still a Home Office approved sponsor;
Your sponsor still requires you to work for them for the foreseeable future;
You are being, and will be paid for the foreseeable future, at least the general salary threshold or the going rate requirement, whichever is higher.
The exact requirements you will need to satisfy will vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.
Fresh applications, Administrative reviews and Judicial reviews for Skilled Workers from Switzerland
If your worker’s application for entry clearance, leave to remain or settlement as a Skilled Worker has been refused, our immigration barristers can advise on the merits of making a fresh application or challenging the decision.
If the decision-maker failed to apply the Immigration Rules or Home Office policy correctly, we can bring Administrative Review proceedings to challenge the decision.
If the decision to refuse your worker’s application was unlawful, unreasonable or procedurally improper, our immigration barristers can apply for Judicial Review and provide representation at Judicial Review hearings.
WHAT CAN WE HELP YOU WITH?
To arrange a consultation meeting, call our UK immigration lawyers in Switzerland on +41 21 588 07 70 or fill out the form below.
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