Representatives and agents
This page explains how you can use a representative to help you handle your affairs under the points-based system.
Full details of all requirements are in Section B - Managing the sponsor's account and applying for/allocating certificates of sponsorship - paragraphs 75 to 79 of the sponsor licensing guidance.
You may choose to use an Office of the Immigration Services Commissioner (OISC) regulated representative, for example, an immigration adviser or firm of solicitors to handle your affairs under the points-based system. If you do, you must tell us using the sponsor change of circumstances form.
A representative cannot act as an authorising officer, and cannot apply for a licence on your behalf. A representative may help you, but cannot submit the form on your behalf. If the representative does submit an application on your behalf, we will reject the application.
If you want the representative to help with issuing certificates of sponsorship, you must add each of the representative individual employees who will be dealing with your business to the sponsor management system (when it becomes available) as level 1 or 2 user and set the level of access required. An external representative that is based overseas cannot be added to the sponsor management system.
Any representative who is given access to the sponsor management system must be either regulated by OISC, exempt from the requirement to be regulated, or otherwise compliant with Section 84 of the Immigration and Asylum Act 1999. Any representative that does not fall within one of these categories or a representative that is not based in the United Kingdom cannot act your behalf.
Even if your representative is exempt from the requirement to be regulated by OISC, your representative still needs to comply with OISC. Find further details on the Office of the Immigration Services Commissioner (OISC)'s website.
If the adviser is not a solicitor, barrister or legal executive you should check that they are OISC authorised or exempt. An adviser could be committing a criminal offence if they act on your behalf without being OISC authorised or exempt.
If you are unsure of the status of your representative, you should contact the OISC, who have a list of authorised advisers.
The authorising officer is responsible for the activities of anyone acting on your behalf. If we are considering taking action against you, any acts performed by a representative on your behalf will be treated as acts of the sponsor. It is therefore vital that if you engage agents or representatives to help you recruit and bring in migrants, you ensure they are reputable, honest and competent. You may want to check the identity of the representative and ensure that they are suitable to undertake the activity required. Any non-compliance will result in the appropriate account management or compliance activity being carried out, which may result in you having your licence withdrawn or given a B-rating.
Once a representative has been accepted onto the system as acting on your behalf, they will be given their own representative'ss PBS reference number, which they can quote in all future applications under the points-based system for a migrant or sponsor. A representative will also have their own representative's management system (when it becomes available), to amend their details. However, it is up to the level 1 user to set the level of access that a representative will require within the sponsor management system.
Authorised immigration advisers
If you are unsure of the status of your representative, you should contact the OISC who have a list of authorised advisers. You can find their contact details on the right side of this page.
Terms explained
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Account management or compliance actions
Action our staff will take to ensure that organisations are complying with their sponsorship duties under the points-based system for coming to the United Kingdom to work, train or study.
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Authorising officer
The authorising officer is one of the roles required within organisations that wish to sponsor migrants under the points-based system for coming to the United Kingdom to work, train or study. The authorising officer is responsible for the activities of anyone acting on behalf of the sponsor to issue certificates of sponsorship.
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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
This is a virtual document (a unique reference number) that an organisation gives to migrants they want to employ, and that the migrant uses when applying.under the points-based system for coming to the United Kingdom to work, train or study. Also known as confirmation of acceptance of studies.
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Law Society
The Law Society is the representative body for solicitors in England and Wales.
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Office of the Immigration Services Commissioner (OISC)
OISC is the body responsible for ensuring that all immigration advisers meet the requirements of good practice.
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Sponsor management system
An IT system used by organisations that sponsor migrants under the points-based system. It will allow 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. This is not available at the moment.
Policy & Law
Internet links
Contact
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Office of the Immigration Services Commissioner (OISC)
0845 000 0046 (calls charged at local rate)
5th Floor, Counting House, 53 Tooley Street, London, SE1 2QN