he Role of the Authorising Officer
The Authorising Officer (AO) holds primary responsibility for the sponsor licence and is the most significant figure within the key personnel structure.
Every organisation with a sponsor licence must appoint an AO and retain someone in this role for as long as the licence remains active. While it is possible to replace the AO when necessary, only one individual can occupy the position at any given time. Selecting the right person for this role is crucial.
Key Considerations for Choosing an Authorising Officer
Before taking on this role yourself or nominating someone else, it’s important to assess whether the individual meets the requirements and is comfortable with the responsibilities:
- Can the individual confidently represent the organisation in Home Office interviews, including addressing queries related to HR, recruitment, and sponsorship processes?
- Do they have or can they be granted direct access to personnel files and HR records?
- Are they diligent about monitoring emails regularly, as this is the primary channel through which the Home Office communicates?
- Are they likely to remain with the organisation and based in the UK for the foreseeable future?
The Home Office’s guidance on sponsor licences provides full details of who can act as an AO, including specific criteria outlined in paragraph L4.
Eligibility Requirements for an AO
To qualify for the role of AO, the person must:
- Reside in the UK.
- Be a paid employee or hold an official position within the organisation (e.g., director or company secretary).
- Have sufficient seniority to oversee recruitment and sponsorship processes.
- Be involved in the day-to-day operations of the business.
- Not be an external contractor, such as a solicitor or HR consultant.
Additional Key Personnel
Alongside the AO, the organisation must appoint two further roles:
Key Contact
The Key Contact serves as the main liaison for communications from the Home Office. While they can act as the primary point of contact, their responsibilities do not extend to the same level as those of the AO.
The Key Contact can also be the AO, or alternatively, a UK-based regulated immigration lawyer may be appointed to this position.
Level 1 User
The Level 1 User manages the organisation’s Sponsor Management System (SMS), an online platform for overseeing the sponsor licence.
Key Requirements for a Level 1 User:
- They must be an employee or officeholder within the organisation.
- They must have settled status in the UK (e.g., British citizenship, indefinite leave to remain, or EUSS status).
- The AO does not automatically gain Level 1 access and must be explicitly appointed to this role if required.
Sponsors may also appoint Level 2 Users with limited SMS access. A UK-based regulated immigration lawyer can act as one of the Level 1 Users if necessary.
Summary
- All key personnel must be based in the UK and employed directly by the organisation, with the exception of the Key Contact and Level 1 User roles, which can be filled by a regulated legal representative.
- An Authorising Officer must meet specific eligibility criteria and hold a senior position within the business.
How a Regulated Immigration Lawyer Can Help
- Provide guidance on sponsor licence applications and compliance requirements.
- Assist in managing the Sponsor Management System.
- Ensure you meet Home Office requirements and avoid common errors in maintaining your licence.
When choosing an immigration lawyer, ensure they are appropriately regulated by bodies such as the Office of the Immigration Services Commissioner (OISC) or the Solicitors Regulation Authority (SRA). For tailored advice and support, consult a professional experienced in sponsor licence management.
