Sponsor
Licencing
for Staff
If you are struggling to find good chefs
and other staff, you need a sponsor
licence. You will though need to think
carefully about the licencing criteria, says
solicitor Maria Fernandes
Maria Fernandes has been an
immigration lawyer for 28 years
and is accredited by the Solicitors
Regulation Authority
I
n the trade you are in, there
is a strict control of staff you
can employ. Furthermore, as
restaurants are classified as
“high risk” you are likely to have
to put up with unannounced as
well as announced visits. You
also need to understand that the
a roach of officers who visit
has shifted from being helpful to
being downright officious.
If you are thinking about
obtaining a licence, the first ste
is to ensure that you have a good
employment processes in place.
You should have a contract for
each member of staff, collect
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contact details, check and copy
passports, check that the visas
on the passport or biometric
cards permit work, and that visa
expiry dates are recorded. Steps
must also be taken to act upon
them where necessary.
Needless to say, anyone
thinking of having a major role
in the business (its Authorising
fficer must not have criminal
convictions and being an
undischarged bankrupt also
dis ualifies you from holding
a responsible position within
the company. The process
is relatively easy, involving an
online application, followed up
by the submission of supporting
documents (either original or
certified by a solicitor within set
time limits.
With restaurants, it is more
than likely that there will be a
visit and therefore a delay in the
grant of a licence. At the visit,
the processes that the business
adopts are reviewed and if all
is in order a licence is granted.
When applications are made to
renew licences it usually triggers
a visit.
Once the licence is issued,
in focus
it is vital to ensure that the
paperwork is maintained and
updated on a regular basis
and that you regularly report
a number of changes on the
Sponsor Management System,
which is the an online system.
There is also a requirement to
keep a number of documents
and you must produce them if
requested.
Once a licence is issued an
employer (called a Sponsor)
can issue staff under restricted
permits or unrestricted permits.
It is vital from the start to
understand the distinction
between them. Restricted
certificates are used to bring
in staff from abroad and are
restricted to 1725 per month.
Sponsors can only bring chefs
from abroad if their restaurant
is classified as a high class
establishment, where all food is
cooked from fresh ingredients,
does not offer a take away
service or buffet.
Even 1% of takeaway food
is likely to affect the outcome
(although funnily enough hotels
seem to be able to get away
with some of these conditions).
The process of applying for a
ertificate of
onsorshi or
CoS as it is normally referred
to) is to put the application
Sponsors can
only bring chefs
from abroad if
their restaurant
is classified as
a high class
establishment,
where all food is
cooked from fresh
ingredients, does
not offer a take
away service or
buffet.
before a panel of Managers
who meet once a month to
decide all applications. Points
are awarded for salary, and job
title and the highest score