on March 27, 2022
We were instructed to apply for a sponsor licence by a company that was looking to employ a person who was a relative of one of the directors. They were looking for a sales executive who had experience of working in the US and Canadian markets.
The client was unsure whether they would be granted the licence as they were aware that the Home Office must be satisfied that the vacancy is genuine. The client advertised the role and was not able to find any suitable candidate other than the one who was a family member of one of the directors.
We advised the client that due to the relationship, we would have to provide additional documents in order to satisfy the Home Office that it was a genuine vacancy.
We advised the client that a company is allowed to sponsor family members of a person within the company so long as they are not related to the assigned Level 1 user of the Sponsorship Management System (SMS) portal.
We advised our client to not nominate the relative of the candidate as a Level 1 user, as this is not allowed and the application would be refused. We reviewed the client’s documents thoroughly, in particular, the advertisement and the profiles of candidates who applied for the position.
We submitted the application online and submitted all the relevant documentation. We disclosed the relationship of the candidate with the director to the Home Office in our detailed cover letter and we also explained how the candidate was identified and why he was selected. We were aware that due to the close relationship of the candidate, the Home Office would request this information.
The Home Office was satisfied with our representations and the documents provided in support of the application. The client received the decision within seven weeks of the submission of the application and was granted the licence.
We then successfully applied for the Skilled Worker visa for the candidate, and he is now in the UK.