Important Updates
Important Updates
April 9, 2026 | JapanJapan: Tightened Documentation Requirement and Introduction of Language Requirement for Certain Work Visas
April 10, 2026 | CanadaCanada: New Immigration Oversight Framework Proposed in Alberta
April 10, 2026 | ColombiaColombia: System Updates to SITAC Platform Cause Temporary Immigration Processing Delays
April 10, 2026 | EcuadorEcuador: Online Visa System Rollout Causes Processing Delays
April 10, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
April 9, 2026 | JapanJapan: Tightened Documentation Requirement and Introduction of Language Requirement for Certain Work Visas
April 10, 2026 | CanadaCanada: New Immigration Oversight Framework Proposed in Alberta
April 10, 2026 | ColombiaColombia: System Updates to SITAC Platform Cause Temporary Immigration Processing Delays
April 10, 2026 | EcuadorEcuador: Online Visa System Rollout Causes Processing Delays
April 10, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
April 9, 2026 | JapanJapan: Tightened Documentation Requirement and Introduction of Language Requirement for Certain Work Visas
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Post-Brexit Business – Is Your Business Ready?

May 15, 2020

sheffield

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

Photo of Laxmi Limbani

Laxmi Limbani

Director

Fragomen in Sheffield, United Kingdom, United Kingdom

Email

[email protected]

T:+44 (0) 114 289 2132

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Laxmi Limbani

Laxmi Limbani

Director

Fragomen in Sheffield, United Kingdom, United Kingdom

Email

[email protected]

T:+44 (0) 114 289 2132

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Laxmi Limbani

Laxmi Limbani

Director

Fragomen in Sheffield, United Kingdom, United Kingdom

Email

[email protected]

T:+44 (0) 114 289 2132

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Laxmi Limbani

Free Movement is ending at the end of 2020 and the UK government has published a Policy Statement outlining its plans for the new immigration system to take effect from the beginning of 2021. Foreign workers coming to the UK from January 2021 will be subject to the new system. 

 

The change

In February 2020, the government published a Policy Statement outlining its plans for the new immigration system, which will take effect from the beginning of 2021. Foreign workers coming to the UK as of January 2021 will be subject to the new system and there will be no distinction between EU and non-EU nationals.

 

What does this mean for business and recruitment?

In short, any business that relies on migrant employees and wishes to recruit overseas workers arriving in the UK from January 2021 onwards will require a sponsor licence.

This requirement will have a considerable impact on a range of businesses. According to the Office of National Statistics, between October 2019 and December 2019 there were an estimated 29.33 million UK nationals working in the UK—a record high and 227,000 more than the same period from a year earlier. There were also approximately 2.31 million EU nationals working in the UK, 36,000 more than a year earlier. In terms of non-EU nationals, there were an estimated 1.34 million working in the UK, 49,000 more than a year earlier.

Considering that the number of non-UK nationals working in the UK has generally increased year-over- year, it is imperative that businesses of all sizes look at their workforce and begin to plan for the new UK immigration system now. This will ensure that there is minimal impact on recruitment from the global talent market once free movement ends in January 2021.

The minimum skill level for sponsorship will be dropped, meaning that jobs considered to be A-level standard can be sponsored. In addition, businesses will no longer need to run the Resident Labour Market Test, as that requirement will be removed under the new system.

 

What action should businesses take?

As they prepare  for the new immigration system in 2021, businesses that do not have a sponsor licence but anticipate that  they will be recruiting migrant employees who are at least A level standard should consider applying for a sponsor licence now.

 

What is a sponsor licence?

A sponsor licence is permission from the government to hire skilled overseas workers under the skilled Tier 2 visa route. Once granted, a sponsor licence is valid for four years. Shortly before this period ends, a licence can be renewed. The only exception to this validity is if the government revokes the licence or the business surrenders it before the expiry date.

 

How does a company apply for a sponsor licence?

To get a licence, a company must apply to the Home Office using the online application form and supply specified documents to prove that it is suitable and eligible.

The company will also need to appoint key personnel to take up roles of an authorising officer, key contact and a sponsor management system user. The application process requires applicants to demonstrate that:

 

  • The organisation is genuine and has a lawful trading presence in the UK. It will need to explain why it is applying for a sponsor licence, the sector in which it operates, as well as operating hours
  • It has effective HR and recruitment systems and practices in place
  • The company offers  genuine employment that meets the Tier 2 skill level and appropriate rates of pay
  • The appointed key personnel are honest, dependable and reliable

 

Preparation is vital for this application and it is essential that the correct documents are submitted with the application. At a minimum, the company must provide the documents that are detailed in the Home Office’s Appendix A of its Sponsor Guidance. These documents must also be submitted within five working days of the initial online application. If this timeframe is not met, it could lead to the rejection of the application.

Following receipt of its application, a company may also be subject to a compliance visit from the Home Office in order to ascertain whether it has adequate HR systems in place to meet the sponsor licence requirements and to assess whether the licence should be granted. The Home Office may also make relevant checks with other government departments. Considering this possibility, it is imperative that the company establishes strong processes for their future compliance obligations prior to the filing of the application. More information on this is available on our blog post here.

 

How long does the application process take?

A decision on a sponsor licence application can take up to 40 working days. With the impact of COVID-19, and a greater number of businesses submitting applications in preparation for 2021, there may be some additional time required for a decision. Planning is, therefore, key.

 

What happens if the application is refused?

If the application is refused, there is no right of appeal. The company will also need to wait six months before making another application.

 

Sponsor licence management

Once a company has a sponsor licence in place, it will be able to hire migrant workers to arrive in the UK after January 2021. However, there will be no room for complacency, as Sponsor licence holders must meet several compliance duties for the duration of their licence, such as:

 

  • Carrying out right to work checks on employees to ensure they are entitled to be in the UK and undertake the work required
  • Keeping up-to-date records of all foreign workers
  • Tracking and recording employee attendance
  • Reporting certain information, events and employee activities, such as non-attendance or non-compliance, a change of job details, salary or work location

 

The Home Office can also visit and conduct checks to ensure that the sponsor duties are being complied with, in addition to any pre-licence visits undertaken. They can visit unannounced and conduct checks at any physical addresses where the sponsored employees would be working.

 

Need help to apply for a sponsor licence?

The immigration rules and guidance can be daunting and seem cumbersome on employers who want to employ overseas talent. But it does not need to be a painful process, nor should businesses overlook the opportunity to plan.

Fragomen can fully support businesses of any size to navigate the sponsorship licence application process and all subsequent duties placed on sponsors. Our highly experienced and specialist teams can help businesses pull together sponsor licence applications and all supporting documents, ensuring that applications are successful and run smoothly. We can also audit your business and advise on your HR systems and policies to ensure they are compliant with the Home Office’s requirements, as well as help you prepare for Home Office visits.

As your business looks forward to 2021, the immigration legal requirements need not be agonising. We can assist you with visa applications and the ongoing compliance management of your sponsor licence, so that you can focus on other areas of your business growth.

If you and your business need assistance, please feel free to contact your Fragomen immigration professional or Laxmi directly, at [email protected].

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

Photo of Laxmi Limbani

Laxmi Limbani

Director

Fragomen in Sheffield, United Kingdom, United Kingdom

Email

[email protected]

T:+44 (0) 114 289 2132

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Laxmi Limbani

Laxmi Limbani

Director

Fragomen in Sheffield, United Kingdom, United Kingdom

Email

[email protected]

T:+44 (0) 114 289 2132

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Laxmi Limbani

Laxmi Limbani

Director

Fragomen in Sheffield, United Kingdom, United Kingdom

Email

[email protected]

T:+44 (0) 114 289 2132

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Aviation Business News: A Tough Runway to UK Settlement - UK Aviation and the Impact of the Settlement Changes

Manager Adam Hickling outlines how proposed UK settlement reforms may affect the aviation sector’s ability to attract and retain skilled engineers and technicians.

Learn more

Video

Business Travelers into Switzerland | #MobilityMinute

Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.

Learn more

Video

Mexico: Bienvenidos! Immigration Rules for the World Cup in Mexico | #FragomenFC - Ep.17

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.

Learn more

Video

Brazil Offshore Visa: Key Requirements Explained

Partner Diana Quintas highlights Brazil’s offshore visa requirements, including eligibility, application steps and key compliance considerations for assignments over 90 days.

Learn more

Media mentions

EB-5 Investors: Silicon Valley emerges as EB-5 hotspot for H-1B and F-1 visas

Senior Counsel Mitch Wexler discusses why EB-5 is becoming a popular option for H-1B and F-1 visa holders in Silicon Valley navigating multiple pathways to permanent residence.

Learn more

Media mentions

EB-5 Essentials: EB-5 for Africa and MENA: Processing Timelines, Travel Bans, and the 2026 Deadline

Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.

Learn more

Work authorization

German Offshore Wind Expansion: Compliance Essentials for Third-Country Nationals

Senior Manager Katharina Vorländer examines how Germany’s strictly territorial migration and employment laws impact the deployment of third‑country nationals in offshore wind projects, highlighting compliance risks arising from maritime zone boundaries, work authorization limits and Schengen documentation challenges.

Learn more

Work authorization

EU Entry/Exit System (EES) and Schengen Overstays: New Risks and Legal Solutions

Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis explore how the EU’s Entry/Exit System is reshaping Schengen overstay enforcement, the risks facing travellers and employers and the legal remedies available to challenge or prevent adverse outcomes.

Learn more

Video

Welcome to the Great White North—Immigration Behind the Beautiful Game | #FragomenFC - Ep. 16

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.

Learn more

Media mentions

Bloomberg Law: DOL Wage Overhaul Adds to H-1B Sticker Shock for Employers

Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.

Learn more

Media mentions

Care Talk Business: What the Casey Commission Means for Social Care’s Workforce

Manager Asif Hanif, Senior Immigration Consultant Georgia Marshall and Immigration Consultant Inderjit Kaur examine how the Casey Commission could reshape workforce models, immigration policy and international recruitment in UK adult social care.

Learn more

Video

Staatsangehörigkeit Allgemein | #MobilityMinute

Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.

Learn more

Media mentions

Aviation Business News: A Tough Runway to UK Settlement - UK Aviation and the Impact of the Settlement Changes

Manager Adam Hickling outlines how proposed UK settlement reforms may affect the aviation sector’s ability to attract and retain skilled engineers and technicians.

Learn more

Video

Business Travelers into Switzerland | #MobilityMinute

Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.

Learn more

Video

Mexico: Bienvenidos! Immigration Rules for the World Cup in Mexico | #FragomenFC - Ep.17

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.

Learn more

Video

Brazil Offshore Visa: Key Requirements Explained

Partner Diana Quintas highlights Brazil’s offshore visa requirements, including eligibility, application steps and key compliance considerations for assignments over 90 days.

Learn more

Media mentions

EB-5 Investors: Silicon Valley emerges as EB-5 hotspot for H-1B and F-1 visas

Senior Counsel Mitch Wexler discusses why EB-5 is becoming a popular option for H-1B and F-1 visa holders in Silicon Valley navigating multiple pathways to permanent residence.

Learn more

Media mentions

EB-5 Essentials: EB-5 for Africa and MENA: Processing Timelines, Travel Bans, and the 2026 Deadline

Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.

Learn more

Work authorization

German Offshore Wind Expansion: Compliance Essentials for Third-Country Nationals

Senior Manager Katharina Vorländer examines how Germany’s strictly territorial migration and employment laws impact the deployment of third‑country nationals in offshore wind projects, highlighting compliance risks arising from maritime zone boundaries, work authorization limits and Schengen documentation challenges.

Learn more

Work authorization

EU Entry/Exit System (EES) and Schengen Overstays: New Risks and Legal Solutions

Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis explore how the EU’s Entry/Exit System is reshaping Schengen overstay enforcement, the risks facing travellers and employers and the legal remedies available to challenge or prevent adverse outcomes.

Learn more

Video

Welcome to the Great White North—Immigration Behind the Beautiful Game | #FragomenFC - Ep. 16

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.

Learn more

Media mentions

Bloomberg Law: DOL Wage Overhaul Adds to H-1B Sticker Shock for Employers

Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.

Learn more

Media mentions

Care Talk Business: What the Casey Commission Means for Social Care’s Workforce

Manager Asif Hanif, Senior Immigration Consultant Georgia Marshall and Immigration Consultant Inderjit Kaur examine how the Casey Commission could reshape workforce models, immigration policy and international recruitment in UK adult social care.

Learn more

Video

Staatsangehörigkeit Allgemein | #MobilityMinute

Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.