Sponsoring family members under the Skilled Worker route can help businesses address skill gaps, but it comes with strict Home Office guidance.
Ensuring compliance is vital to avoid revocation of the sponsor licence or refusal of the visa application. This blog outlines key considerations, best practices, and potential risks associated with sponsoring family members.
Can You Sponsor Family Members?
Yes, businesses can sponsor family members under the Skilled Worker route. However, the Home Office enforces strict rules to prevent misuse of the sponsor license system. A Certificate of Sponsorship (CoS) must not be assigned by an SMS User to themselves, their partner, or any close relative. Non-compliance with this rule is a mandatory ground for revocation of the sponsor licence.
Definition of Partner or Close Relative
The Home Office defines a partner or close relative as:
- A spouse or civil partner
- An unmarried or same-sex partner
- A parent or step-parent
- A son or step-son
- A daughter or step-daughter
- A brother, step-brother, or half-brother
- A sister, step-sister, or half-sister
- A nephew, niece, or cousin
- An aunt or uncle
- A father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law
Key Considerations for Sponsoring Family Members
Sponsoring family members requires additional care to ensure impartiality, transparency, and compliance. Below are the key aspects to consider:
1. Genuine Job Role
The vacancy must be:
- Legitimate and essential for the business.
- Not created solely to facilitate a family member’s migration.
The family member must possess the skills, qualifications, and experience needed for the role.
2. Independent Assignment of CoS
An SMS User must not assign a CoS to themselves, their partner, or close relative. Instead, another SMS User who is unrelated to the family member must assign the CoS.
Example:
- A is an SMS User and the relative of the migrant being sponsored (C).
- B, another SMS User in the organisation who is unrelated to C, must assign the CoS.
- B must include a Sponsor Note on the CoS declaring the relationship between A and C, and providing a clear justification for the assignment.
This ensures impartiality, compliance, and reduces the risk of bias.
Best Practices
- Document Everything: Keep thorough records of the recruitment process, including job advertisements, interview notes, and the rationale why the family member was selected.
- Sponsor Note Transparency: Include a detailed Sponsor Note when assigning a CoS to a family member. This should: Declare the relationship. Justify the need for the role and the family member’s suitability. Confirm impartial assignment by an unrelated SMS User.
Consequences of Non-Compliance
Failing to comply with Home Office rules can lead to:
- Mandatory Revocation of Sponsor Licence :Assigning a CoS to a close relative is a mandatory ground for revocation of the sponsor licence.
- Refusal of Visa Application: The visa application may be refused if the role is not genuine, necessary, or the family member does not meet the required skills and qualifications.
Final Thoughts
Sponsoring family members under the Skilled Worker route requires careful planning, transparency, and full compliance with Home Office guidelines. Failure to meet these guidance can lead to serious consequences, including mandatory revocation of your sponsor licence and refusal of the visa application.
Also read: How Nara Solicitors Resolved an Impossible Looking Revoked Sponsor Licence Case (The Employer Sponsored her relative).
How Nara Solicitors can help
At Nara Solicitors, we provide a comprehensive range of services to assist employers in managing sponsor licenses, ensuring compliance, and addressing legal challenges.
Our services include:
- Sponsor Compliance and Audit Services: Ensuring adherence to Skilled Worker and supplementary employment rules. Conducting audits to identify potential risks and ensure compliance with Home Office requirements.
- Sponsor License Management: Assistance in applying for, renewing, or managing your sponsor licence. Providing training and guidance to HR teams on sponsor duties and legal compliance.
- Representations Against Suspension or Revocation: Filing representations against the suspension or revocation of sponsor licenses to help you retain your license and continue operations.
- Judicial Review Challenges: Challenging sponsor license revocations in the High Court of Justice King’s Bench Division (Administrative Court) by way of Judicial Review, ensuring that your rights as a sponsor are fully protected and any unlawful decisions are addressed.
For legal advice tailored to your situation, you can book a free consultation with us. Get in touch now
