How do I sponsor a migrant worker?
Representatives
This page explains the role of the legal representative of a licensed sponsor under the points-based system.
On this page
Who can be a representative?
A representative is a person who is qualified to give immigration advice or services in line with Section 84 of the Immigration and Asylum Act 1999, by being:
- regulated by the Office of the Immigration Services Commissioner (OISC); or
- exempt from the requirement to be regulated by ministerial order; or
- otherwise compliant with Section 84; or
- a regulated member of a designated professional body, or working under the supervision of a regulated member.
The designated professional bodies listed in the Immigration and Asylum Act 1999 are:
- the Law Society
- the Law Society of Scotland
- the Law Society of Northern Ireland
- the Institute of Legal Representatives
- the General Council of the Bar
- the General Council of the Bar of Northern Ireland
- the Faculty of Advocates
A representative cannot act on your behalf if they do not fall within one of these categories or are not based in the United Kingdom. If the representative is not a solicitor, barrister or legal executive, you should check that they are authorised by the OISC or exempt. A person may be committing a criminal offence if they act on your behalf without being authorised by the OISC or exempt.
Anyone compliant with Section 84 through exemption by a ministerial order must still comply with the OISC code of standards. More information on Section 84 and how legal representatives can comply with it is on the OISC website, which you can find on the right side of this page.
A representative cannot act as your authorising officer.
How to appoint a representative
Once you have a licence, if you want to use a representative, you must formally appoint them using the sponsorship management system.
If you want a representative to help assign certificates of sponsorship, you must add the representative or relevant employees of the representative to the sponsorship management system as level 1 or level 2 users.
A legal representative based outside the United Kingdom cannot be added to the sponsorship management system.
The actions of the representative
You are responsible for the actions of any representatives you have set up as users of the sponsorship management system. When considering taking action against you, we treat anything done by a representative on your behalf as if it was done by you. It is therefore important that you only employ representatives who are reputable, honest and competent.
You may want to take precautions including checking the identity of the representative and ensuring that they are suitable. If you do not comply with your responsibilities, we will carry out the appropriate compliance activity. This may result in you losing your licence or being downgraded to a B rating.
If you are unsure of your representative's status, you should contact the OISC, which has a list of authorised advisers.
By post:
The Office of the Immigration Services Commissioner (OISC)
5th Floor
Counting House
53 Tooley Street
London
SE1 2QN
Phone: 0845 000 0046 (calls charged at local rate)
Fax: 020 7211 1553
Email: info@oisc.gov.uk
Website: www.oisc.gov.uk
The OISC website also contains links to websites for solicitors, advocates, barristers, legal executives and the Community Legal Service.
Terms explained
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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 a licensed sponsor to a migrant who wishes to work for them in the UK. The migrant must quote the certificate of sponsorship reference number when applying for permission to enter or remain in the UK under Tier 2 or Tier 5 of the points-based system or, where the migrant is a Croatian national, when applying for worker authorisation.
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Sponsorship management system
An IT system used by organisations that sponsor migrants under the points-based system. It allows sponsors to allocate certificates of sponsorship to migrants, carry out the administrative functions necessary to comply with their sponsor obligations and duties, and communicate information to us.