Authorising Officer: Role & Responsibilities Explained

When you are applying for a sponsor licence, you will be required to nominate certain key personnel to manage the sponsorship process, including an Authorising Officer.

The following comprehensive guide to the Authorising Officer role looks at who can and cannot fill this position, together with a detailed account of the Authorising Officer’s responsibilities and duties, as well as how to report a change in the person filling this role.

 

What is an Authorising Officer?

 

An Authorising Officer is the senior individual within a UK business responsible for managing and overseeing compliance with Home Office sponsorship duties. This role is a key requirement for holding a sponsor licence and must be filled by someone in a position of authority, such as a company director or HR manager.

The Authorising Officer is accountable for ensuring the organisation adheres to UK Visas and Immigration (UKVI) rules, including reporting duties, record-keeping and preventing illegal working. Failure to meet these obligations can lead to licence suspension or revocation, putting the business’s ability to sponsor skilled foreign workers at risk.

 

Who can be an Authorising Officer?

 

The Authorising Officer (AO) must be the most senior person within your organisation responsible for the recruitment of migrant workers and ensuring compliance with all sponsor duties. They must be a paid member of staff or office-holder permanently based in the UK for the duration of their role.

From 1 January 2025, at least one Level 1 User on the sponsor licence must be both a director, employee or partner within the organisation and hold settled worker status (e.g., British citizenship or indefinite leave to remain). Previously, these conditions could be met by separate individuals, but under the revised rules, they must now be fulfilled by a single person.

For UK Expansion Worker sponsor licences, if there are no suitable staff based in the UK, an overseas worker may be appointed as the AO. However, they must obtain entry clearance specifically to oversee the UK expansion. Once in the UK, they must update their details in the Sponsorship Management System (SMS) and request an upgrade from a ‘Provisional’ licence to an ‘A-rating‘.

 

Who cannot be an Authorising Officer?

 

When assessing an application for a sponsor licence, UK Visas and Immigration (UKVI) will consider the background and suitability of both the employer and all nominated key personnel, where UKVI is the division of the Home Office responsible for sponsor licences.

To be eligible, the AO must not:

 

• Have unspent criminal convictions for a relevant offence.
• Have a history of non-compliance with sponsor requirements.
• Have been a key person at a sponsor whose licence was revoked in the last 12 months.
• Have been fined by UKVI in the past 12 months.
• Have been reported to UKVI for non-compliance.
• Be legally prohibited from being a company director.
• Be subject to a bankruptcy or debt relief restriction order or undertaking.
• Have failed to pay VAT or any other excise duty.

 

 

Can a legal representative be an authorising officer?

 

A legal representative cannot usually be appointed as the Authorising Officer (AO). The AO must be a senior member of the organisation responsible for compliance with sponsor licence duties. This means they must be directly employed by the sponsoring organisation and have authority over recruitment and compliance processes. While legal representatives can provide advice and manage administrative tasks through the Sponsorship Management System (SMS) as a Level 1 or Level 2 User, they cannot take on the AO role.

 

Does the authorising officer have to be a UK resident or British citizen?

 

In most cases, the AO must be permanently based in the UK for the entire period they hold the role. They do not have to be a British citizen but must have the right to work and live in the UK, e.g., holding Indefinite Leave to Remain, Settled Status, or a visa allowing them to work.

The only exception applies to UK Expansion Worker sponsor licences. If an organisation does not yet have a presence in the UK, an overseas employee can be appointed as the AO. However, they must obtain a visa to enter the UK to oversee the expansion and must update their details in the SMS once in the UK.

For all other sponsor licence types, the AO must meet the UK residency requirement and cannot be an overseas-based individual.

 

Authorising Officer duties & responsibilities

 

In broad terms, the Authorising Officer will be the individual with overall responsibility for the recruitment of migrant workers within the organisation applying for a sponsor licence and for ensuring that the duties placed on the sponsoring organisation are met. This will include monitoring migrant workers, keeping records and reporting any relevant changes.

The Authorising Officer will also be responsible for the activities of each individual using the sponsorship management system (SMS). The SMS is the Home Office portal that allows authorised users to administer day-to-day sponsorship duties and activities including, for example, assigning Certificates of Sponsorship (CoS) to migrant workers. The CoS contains a unique reference number that will allow new recruits to apply for a work visa.

There are two levels of user that can be authorised to access the SMS. These include Level 1 Users and Level 2 Users, where the Authorising Officer will be responsible for deciding how many staff need to have access to the SMS and what level of permission they can have.

A single Level 1 User will initially be named within the sponsor licence application. If the application is approved, they will be given access to the SMS, enabling them to appoint additional Level 1 Users, as well as Level 2 Users. Both types of SMS-user will have direct access to the online system, although Level 2 Users will have fewer permissions. However, in either case, it is important that no more SMS-users are appointed than are needed to manage the daily activities and licence of the sponsoring organisation, as the Authorising Officer will be ultimately responsible for the actions of anyone authorised to use the SMS.

In addition to the matters set out above, the Authorising Officer may also be required to liaise with UKVI both during and after the sponsor licence application. The Key Contact is the main point of contact between your organisation and UKVI, although UKVI may also contact the Authorising Officer. This means that the Authorising Officer must be available to respond to any queries raised by UKVI, not least throughout the application process.

 

Does an Authorising Officer have access to the SMS?

 

The Authorising Officer will not automatically have access to the SMS on the grant of a sponsor licence, not unless they have also been appointed as an SMS Level 1 User. If the Authorising Officer has not been named as the initial SMS Level 1 User within the licence application, but they would like to have access to the SMS, they will need to be added as either an SMS 1 Level or Level 2 User once the application has been approved.

Any Level 1 User will be responsible for carrying out the day-to-day management of the sponsor licence using the SMS, from assigning CoS and reporting migrant worker activities, to updating the sponsor licence details. The Level 1 User can also appoint additional SMS-users. Importantly, a Level 2 User will only be authorised to carry out limited SMS activities, including assigning CoS and reporting migrant worker activities on any CoS that they have personally assigned. This means that if the Authorising Officer would like to access and use all functions on the SMS, they should be appointed as a Level I User.

Ideally, to monitor and manage the activities of all SMS-users, the Authorising Officer should regularly access the SMS, to ensure that they are kept up-to-date with the latest news and messages from UKVI, and that all authorised users are abreast of any input or changes needed. The Authorising Officer should also ensure that the licence details are in order, overseeing any changes to key personnel and renewing the licence prior to its expiry.

Importantly, if you are applying for a licence on the UK Expansion Worker route and your Authorising Officer is based overseas at the time of the application, that person must be nominated as the initial Level 1 User. Once a licence has been granted, they will have access to the SMS to be able to appoint additional SMS-users, where necessary.

 

How to report a change in Authorising Officer

 

You must have an Authorising Officer in place throughout the life of your licence. This means that if your appointed officer is leaving the business, you must find a replacement.

To change your Authorising Officer, an authorised SMS Level 1 User must navigate the ‘Request changes to licence details’ on the SMS. After selecting the ‘Replace your Authorising Officer’ function, all mandatory fields must be completed before choosing ‘Next’ to continue. These fields require the personal details of the replacement Authorising Officer, including their title and name, as well as their immigration status, the expiry date of their leave to enter or leave to remain in the UK, together with their passport number.

The Level 1 User must next provide their name and position within the organisation, and date the ‘Request change of circumstances declaration’. They must tick the declaration box and electronically sign the declaration which states that the information given is, to the best of their knowledge and belief, true and correct, before selecting ‘Submit’. Once a request to replace an Authorising Officer has been submitted, changes to this request cannot be made.

From the ‘Submission successful’ screen, the submission sheet must be printed, completed and sent to UKVI by post, together with any supporting documentation, if applicable. The submission sheet declaration must be signed by the new Authorising Officer. A copy of the submission sheet and a note of the change request reference number should be retained for your own records. You can view the progress and outcome of the request using the SMS.

The SMS function to replace the Authorising Officer must only be used if this role is to be assumed by a different person. If the details of the existing officer simply need to be amended, the SMS Level 1 User should instead use the ‘Amend your current Authorising Officer’s details’ function. Additionally, if the new AO will also be the Key Contact, the SMS Level 1 User will only need to complete one request. If this is the case, they can use either the ‘Replace your Authorising Officer’ or ‘Replace your Key Contact’ function.

 

Authorising Officer compliance breaches

 

Any failure on the part of the Authorising Officer to comply with their duties, including ensuring compliance on the part of all SMS-users, may result in action being taken against you as the sponsor licence holder. Depending on the gravity of the breach, this could include a decision to downgrade your sponsor licence, or to suspend or revoke your licence.

A decision to revoke your licence is only likely to be made where there has been a significant or systematic failing, and you are deemed to pose a serious threat to immigration control, typically following suspension of your licence pending investigation.

However, even in less serious cases of alleged breach, the consequences can be far-reaching. For example, having your licence downgraded will result in a time-limited action plan at a cost to you of £1,476, where you will not be permitted to assign fresh CoS until the measures set out in that plan have been implemented and your licence has been upgraded.

Where your Authorising Officer, or those for whom activities they are responsible, have failed to conduct prescribed right to work checks, and you are found to be employing illegal workers, this could also result in a civil penalty.

 

Other sponsor licence key personnel

 

When applying for a sponsor licence, you will be required to nominate three key personnel: the Authorising Officer, a Key Contact and the initial SMS Level 1 User.

As the main point of contact between your organisation and UKVI, the Key Contact will be mainly responsible for liaising with UKVI, either during the application process or after the grant of a sponsor licence. This could entail responding to requests made in writing for additional information or documentation to support the licence application. It could also be providing access to any UKVI compliance officer conducting a pre- or post-licence site visit to ensure that the sponsoring organisation is capable of meeting all its sponsor duties.

As the individual(s) responsible for carrying out the day-to-day management of the sponsor licence using the SMS, the Level 1 User will be responsible for all of the following:

 

• managing key personnel and licence details
• creating, assigning and viewing CoS
• applying for and assigning restricted CoS
• reporting changes to a migrant worker’s circumstances
• reporting changes to the sponsor’s own circumstances
• renewing CoS allocations and applying for additional CoS
• applying for the premium customer service
• tracking premium and licence renewal applications
• paying for and tracking the progress of action plans

 

For any Level 2 Users appointed by a Level 1 User, they will be responsible for creating and assigning CoS and reporting migrant worker activities on any CoS that they have created and assigned. However, their access to the SMS is more restricted than for a Level 1 User, for example, they cannot report on CoS assigned by Level 1 Users.

It is possible to appoint just one person to fill all the key personnel roles, although much will depend on the predicted size of the sponsored migrant workforce and the extent of the responsibilities that will arise from this. In a large organisation, or where you are looking to recruit a number of migrant workers to fill essential skills gaps in your business, you may want to appoint different people to each of the three roles. Additional Level 1 and Level 2 users may also be needed to be able to adequately meet your sponsor duties.

 

Need assistance?

 

DavidsonMorris are UK sponsor licence specialists. We provide expert guidance to employers with sponsor licence application and ongoing compliance and management, including delivering training to key personnel such as authorising officers and providing advice on who can be appointed as an authorising officer.

We are also helping AOs with preparation for an eventual transition to the UKVI’s new Sponsor UK system.

For specific advice, contact us.

 

Authorising officer FAQs

 

What is an Authorising Officer in UK visa sponsorship?

An Authorising Officer is a senior staff member appointed by a business to oversee its sponsor licence responsibilities. They ensure compliance with Home Office rules and manage key personnel related to sponsorship duties.

 

Who can be an Authorising Officer?

The Authorising Officer must be a senior and competent employee, typically in a leadership or compliance role. They must be based in the UK and not have any unspent criminal convictions or history of non-compliance with immigration rules.

 

What are the main responsibilities of an Authorising Officer?

They are responsible for ensuring the organisation complies with all sponsor duties, overseeing the Sponsor Management System (SMS), ensuring record-keeping is up to date, and responding to Home Office compliance visits or audits.

 

Can an Authorising Officer delegate their responsibilities?

While they can assign tasks to other key personnel, the Authorising Officer remains ultimately responsible for ensuring compliance with sponsorship duties.

 

Can an Authorising Officer be changed?

Yes, if an organisation needs to replace an Authorising Officer, this must be reported to the Home Office via the SMS. A new appointment should be made as soon as possible to maintain compliance.

 

What happens if the Authorising Officer fails to meet compliance duties?

Failure to meet compliance obligations can lead to a sponsor licence suspension, downgrading, or revocation, affecting the ability to sponsor migrant workers.

 

Does an Authorising Officer need to be an expert in immigration law?

While not a legal expert, they must understand the Home Office’s sponsorship requirements and ensure the organisation follows all relevant rules. Regular training and compliance checks can help maintain standards.

 

Glossary

 

 

Term	Definition
Authorising Officer	A senior staff member responsible for overseeing a company’s sponsor licence compliance with UKVI requirements.
Sponsor Licence	Permission granted by the Home Office allowing UK employers to hire skilled foreign workers under specific visa routes.
UK Visas and Immigration (UKVI)	The division of the Home Office responsible for managing immigration and visa regulations, including sponsorship compliance.
Sponsor Management System (SMS)	An online system used by licensed sponsors to manage sponsored workers and report changes to UKVI.
Key Personnel	Individuals assigned specific roles in a sponsor licence, including the Authorising Officer, Key Contact, and Level 1 User.
Compliance Visit	An inspection by UKVI to assess whether an employer is meeting their sponsor licence duties and following immigration rules.
Licence Suspension	A temporary restriction on an employer’s ability to sponsor workers due to suspected breaches of sponsor duties.
Licence Revocation	The permanent removal of a sponsor licence, preventing an organisation from employing sponsored workers.
Key Contact	A person designated to liaise with UKVI regarding the sponsor licence and compliance matters.
Level 1 User	An individual responsible for managing daily sponsorship tasks within the SMS, such as assigning Certificates of Sponsorship (CoS).
Certificate of Sponsorship (CoS)	An electronic document issued by a licensed sponsor to a foreign worker, required for visa applications under the Skilled Worker route.
Immigration Compliance	The process of ensuring adherence to UK visa and sponsorship rules, preventing illegal working risks.
Right to Work Checks	Employer checks to verify an individual’s legal right to work in the UK, required before employment begins.