17 February 2022
The Home Office has now updated the Worker and Temporary Worker Sponsorship policy guidance, first published in December 2020.
The Sponsorship policy guidance is divided into numerous sections, covering all aspects of the sponsorship process. We have outlined below a few pertinent changes to the policy guidance impacting UK sponsor licence holders.
Part 1: Applying for a licence
- The fee concession for CoS’ (Certificates of Sponsorship) assigned to CESC nationals (nationals of a country which has ratified the European Social Charter) will end on 25 February 2022, meaning that from 26February 2022, UK sponsors will have to pay the CoS assignment fee (currently £199) when assigning a CoS to a CESC national.
Part 2: General information on sponsoring a worker
- As of 9AM on 15 February 2022, SOC (Standard Occupational Classification) code 6145 (care workers and home carers) has been added to the Skilled Worker visa’s shortage occupation list, enabling migrant care workers/home carers to be sponsored under the Health and Care Worker visa. It is important to note that private households and individuals (excluding eligible sole traders) cannot sponsor migrant workers under the Skilled Worker visa.
- Skilled Worker migrants being sponsored under SOC code 6145 must provide a criminal record certificate from the relevant authority in any country in which they have been present for 12 months or more in the last 10 years, while aged 18 or above.
Part 3: Sponsor duties and compliance
- The Home Office will inform a sponsor in writing of the decision to downgrade their licence, via a letter posted by Royal Mail Signed For delivery or via email. The downgrading will take effect from the date on the decision letter, regardless of the method of delivery. Sponsors are permitted to request a hard copy of the downgrading decision letter if it is sent by email.
- Sponsors whose licence is due to expire within the next 90 days should apply now to renew their licence.
It is important for UK sponsors to ensure continued compliance with any conditions or duties imposed by the Worker and Temporary Worker Sponsorship policy guidance.
Failure to comply, whether by mistake or knowingly, may lead to enforcement action being taken. For serious breaches, the Home Office can suspend or revoke a sponsor licence.
At Clarkslegal, we regularly provide training to businesses to ensure they keep up to date with their sponsorship duties. We cover all aspects of the sponsorship licencing process from applying for a licence to maintaining an existing licence.
Our immigration team works closely with our employment team to ensure that an organisation is compliant with both immigration and employment law.