Complete Guide to the Level 1 User Role in UK Sponsor Licences

Table of Contents

The Level 1 User is a crucial role for businesses with a UK Sponsor Licence, enabling them to manage the sponsorship of foreign workers. This role is essential for compliance and daily operations within the Sponsor Management System (SMS). A Level 1 User can issue Certificates of Sponsorship (CoS), update records, and communicate with the Home Office, ensuring that the organization meets its legal obligations as a visa sponsor.

2. Responsibilities of a Level 1 User

The Level 1 User has several key responsibilities, including:

Issuing Certificates of Sponsorship (CoS): Assigning CoS to foreign workers, which is necessary for them to apply for visas.
Updating Employee Records: Maintaining accurate records of sponsored employees, including changes in work location, role, or visa status.
Reporting Changes to the Home Office: Informing the Home Office about important changes, such as employee absences, contract terminations, or company changes.
Monitoring Visa Compliance: Ensuring that sponsored employees comply with visa terms and that the organization meets sponsorship duties.
Managing SMS Access: Adding or removing additional users as Level 2 Users and managing their access within the system.

Failure to comply with these responsibilities can result in penalties, downgrading of the licence, or loss of the Sponsor Licence.

3. Eligibility Requirements for a Level 1 User

A Level 1 User must meet certain criteria to qualify for the role:

Must be an Employee of the Organization: Typically, the Level 1 User is a trusted employee within the organization.
No Criminal Record: The individual must have a clean criminal record.
Resident in the UK: Level 1 Users must be based in the UK to fulfill their duties effectively.
Good Character Requirement: The individual should be of good character, meaning they have no previous issues with the Home Office or history of immigration violations.

The Home Office may conduct background checks to ensure compliance with these requirements.

Step 1: Identify a Suitable Employee

Choose an employee who is trustworthy, organized, and capable of managing compliance. This is often a member of HR, compliance, or senior management.

During the Sponsor Licence application, the organization must name an initial Level 1 User. For existing licence holders, additional Level 1 Users can be appointed within the SMS.

Step 3: Submit Evidence and Apply

When applying for a Sponsor Licence, the company will submit supporting documents, such as financial records, proof of operation in the UK, and the name of the proposed Level 1 User.

Step 4: Await Approval

Once the Home Office approves the Sponsor Licence application, the named Level 1 User will receive login credentials for the SMS.

The Level 1 User will use the Sponsor Management System (SMS) for all sponsor-related tasks. Key functions include:

Assigning CoS: Level 1 Users can assign Certificates of Sponsorship to foreign workers, which is essential for visa applications.
Updating Employer and Employee Details: Keeping records up to date, including any changes in sponsored employees’ work status or personal details.
Reporting Incidents to the Home Office: Reporting employee terminations, changes in work location, extended absences, or breaches in visa conditions.

The SMS is the primary tool for all sponsor-related duties, and the Level 1 User’s effective use of the SMS is crucial for compliance.

6. Adding and Managing Level 2 Users

A Level 1 User has the authority to add Level 2 Users within the SMS. Level 2 Users have limited access and responsibilities compared to Level 1 Users but can assist with day-to-day tasks.

Adding Level 2 Users: The Level 1 User can add trusted employees as Level 2 Users to help with basic tasks like assigning CoS.
Managing Access: Level 1 Users are responsible for monitoring and controlling Level 2 Users’ actions to ensure compliance.
Removing Users: If necessary, Level 1 Users can revoke or change access for Level 2 Users within the SMS.

7. Compliance and Reporting Requirements for Level 1 Users

Level 1 Users must ensure the organization complies with all Home Office regulations, including:

Timely Reporting: Notify the Home Office within 10 working days of significant changes, such as employee absences, contract terminations, or any potential breaches of visa conditions.
Record-Keeping: Maintain up-to-date records on all sponsored employees, including employment contracts, job descriptions, and right-to-work documents.
Monitoring Employee Compliance: Ensure sponsored employees are fulfilling the terms of their visa and inform the Home Office of any breaches.
Changes to Company Details: Report any changes to the company’s structure, such as changes in ownership, address, or business activities.

8. Penalties for Non-Compliance

Failure to comply with sponsorship responsibilities can lead to significant penalties, such as:

Licence Suspension or Revocation: Non-compliance can lead to the suspension or revocation of the Sponsor Licence, preventing the organization from sponsoring foreign workers.
Fines and Penalties: In serious cases, organizations may face fines and be required to pay penalties for violations.
Licence Downgrade: The Home Office may downgrade a licence, requiring costly audits and additional reporting.

9. Frequently Asked Questions

Can an organization have more than one Level 1 User?

Yes, organizations can have multiple Level 1 Users to share responsibilities and ensure that SMS tasks are managed effectively.

Who can be a Level 1 User?

A Level 1 User is typically an employee of the organization who is based in the UK, has no criminal record, and has a good immigration history. They should be reliable and capable of managing compliance.

Can a Level 1 User be changed?

Yes, an organization can change its Level 1 User. The new Level 1 User can be appointed through the SMS, but the Home Office must be informed.

What is the difference between a Level 1 and Level 2 User?

A Level 1 User has full access to the SMS and oversees sponsor compliance. A Level 2 User has limited access and can assist with daily tasks, but they cannot manage high-level compliance responsibilities.

How can a Level 1 User assign a Certificate of Sponsorship?

The Level 1 User logs into the SMS, selects the sponsored employee’s details, and assigns a Certificate of Sponsorship, which the employee uses to apply for their visa.

10. Conclusion

The Level 1 User is central to the management and compliance of a UK Sponsor Licence, playing a vital role in ensuring the organization meets its Home Office obligations. By understanding their responsibilities, managing the Sponsor Management System effectively, and staying compliant, Level 1 Users can help organizations avoid penalties and maintain their ability to sponsor foreign workers. Proper management of this role not only facilitates smooth operations but also contributes to the organization’s long-term success as a trusted visa sponsor.