How do I sponsor a migrant?
Staff convictions and civil penalties
Changes to sponsor guidance for Tiers 2, 4 and 5
Changes to sponsor guidance for Tiers 2, 4 and 5
This page explains how we take into account the convictions and civil penalties of your staff when deciding your rating as a sponsor under the points-based system.
How we treat convictions at the application stage
We will refuse an application if you, or another relevant person:
- have in the previous six months been issued with a civil penalty under Section 15 of the Immigration, Asylum and Nationality Act 2006 for employing one or more illegal workers, and the fine for at least one of those workers was set at the maximum amount (currently £10,000). We will not refuse the application if we withdrew or reduced the fine or it was cancelled or reduced on appeal;
- have been issued with a civil penalty for one of the offences in Appendix C of the full policy guidance of the policy guidance and have not paid it (unless we withdrew the penalty or it was cancelled on appeal);
- has been convicted of one of the following offences, unless the conviction is spent under 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):
- any offence under the Immigration Act 1971; the Immigration Act 1988; the Asylum and Immigration Appeals Act 1993, the Immigration and Asylum Act 1999; the Nationality, Immigration and Asylum Act 2002; the Immigration, Asylum and Nationality Act 2006; or the UK Borders Act 2007;
- trafficking for sexual exploitation;
- any other offence which, in our opinion, indicates that you pose a risk to immigration control, for example, offences involving dishonesty or deception, including any of the offences listed in Appendix B of the full policy guidance of the policy guidance. Any other unspent convictions could also lead to an application being refused; or
- are legally prohibited from becoming a company director (unless this is because you are an undischarged bankrupt).
A B rating may be awarded if you, or another relevant person, have a conviction for offences (other than one listed above) in connection with the conduct of your business which calls into question your suitability as a sponsor (such as a conviction under the National Minimum Wage legislation or for benefit fraud). Spent convictions under the Rehabilitation of Offenders Act 1974 will not be taken into account.
See also
Do it online
Terms explained
-
Another relevant person
In the context of sponsor licensing under the points-based system, this means the sponsor's (or prospective sponsor's) authorising officer, key contact or level 1 user.
-
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.
-
Civil penalties
A requirement to pay money that can be imposed for an offence without the need for a court conviction.
-
Register of sponsors
A list of all organisations licensed to sponsor migrants under the points-based system.
-
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.