How do I sponsor a migrant worker?
How we award A and B ratings
This page explains how we award A and B ratings to sponsors on the register of sponsors under the points-based system.
On this page
How we award your rating
When we give you a licence, we award you an A rating or a B rating depending on your application's merits. Your rating reflects any track record you have in employing or teaching migrants, and appears on the published register of sponsors.
If we suspend you, we remove your rating from the register during the suspension period. If the suspension is lifted, we reinstate your name on the register with the rating we award.
Your rating will usually be the same for all the tiers you are registered for. However, in exceptional cases, if you are performing poorly in your duties in only one tier, we apply the B rating only to that tier. For example, we may do this if a college has adequate procedures in place for managing its migrant workers, but not for managing its overseas students.
A-rated sponsors
If you are an A-rated sponsor, you have no evidence of abuse, and have all the necessary systems in place to meet your duties.
B-rated sponsors
If you are a B-rated sponsor, a visiting officer has found evidence that the correct systems are not in place or not adequate to meet your duties, or there may be previous evidence of abuse.
We will award a B rating if:
- you or a relevant person have been issued with a civil penalty for one of the "offences" listed in Appendix C (apart from Employing Illegal Migrant Workers) within the five years ending on the date of application, unless we withdrew that penalty or it was cancelled on appeal; or
- you are an existing sponsor applying to renew your licence and are already B-rated (unless we are satisfied that you have successfully met all the requirements of your sponsorship action plan).
This is not an exhaustive list of circumstances where a B-rating will be granted.
We may award a B-rating if, you, or a relevant person have a conviction for offences to do with the running of your/their business and this makes us doubt your suitability as a sponsor. (For example a conviction under the National Minimum Wage Act or for benefit fraud). We do not take into account convictions that are spent under the provisions of the Rehabilitation of Offenders Act 1974. (Convictions may become 'spent' after specified periods of time from the date of conviction if there are no further convictions during that time. Spent convictions are disregarded for certain purposes).
In the circumstances above, we consider, among other things, the seriousness of the offence, for example any penalty or sentence imposed by the court and what you have done since then to improve the circumstances which led to the conviction. For example, if the offence was committed by a member of staff, we would consider any action you may have taken against that person.
We hold you fully responsible for anything done by an employee who appears to act on your behalf. We may withdraw your licence or downgrade it to a B rating if you do not comply with the rules on issuing or allocating certificates.
See also
Terms explained
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A rating
This term is applied to a sponsor under the points-based system for coming to the United Kingdom to work, train or study. It is the rating awarded by us when a sponsor joins the register of sponsors.
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B rating
This term is applied to a sponsor under the points-based system for coming to the United Kingdom to work, train or study. It is the rating awarded by us when a sponsor joins the register of sponsors. A B rating is a transitional rating for a sponsor who is under a sponsorship action plan.
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Certificate of sponsorship
A 'virtual document' assigned by an employer (which must be a licensed sponsor) to a migrant. The migrant must quote the certificate's reference number when applying for permission to work in the UK under Tier 2 or Tier 5 of the points-based system.
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Spent convictions
Convictions for criminal offences may become 'spent' after specified periods of time from the date of conviction if there are no further convictions during that time. Spent convictions will be disregarded for certain purposes. They will not normally be taken into account when assessing whether someone is of good character. Convictions that are not yet spent are known as unspent convictions and will be taken into account when assessing good character.