Employer Guide; Sponsoring and supporting migrant workers in the care sector

The UK is a country with a diverse and multi-ethnic population, and we value the skills and experience that people bring to our country. People from all over the world have made this country their place of work and their home.

Employers can choose to sponsor migrant workers if they have applied for and obtained a Sponsorship Licence, have a genuine job vacancy that guarantee’s hours and wages above the sponsorship threshold, and meets the skill level for the role, and you must then ensure that you assign a valid Certificate of Sponsorship (CoS) to the worker you wish to sponsor. It is your responsibility to pay any relevant CoS fee and Immigration Skills Charge not the workers.

This guide is designed to help you understand the core principles and requirements of immigration rules in relation to sponsorship and the key responsibilities which come with employing sponsored workers. It signposts helpful information to support and advise you to help your recruitment of sponsored workers be a success and legal. There have been a variety of changes in March / April 2024 with Immigration rules, and it is a complex area to navigate. For this reason, it is always important to check you are referring to the latest government guidance and regulations available. If you choose to download and save guidance documents, just make sure you double check it is still the latest version. There should be a date displayed and when it was last updated. The Home Office Approved Sponsor Self-Assessment Tool will help you assess if you are meeting your sponsorship responsibilities and help you prepare for a Home Office Inspection; access the document here.

All workers are protected by UK law. Some rights apply as soon as workers gain employment from you, others depend on how long they have worked in the role.

The link below outlines what an employee should expect from their employer and what you must do legally for any worker in the UK: Workers' rights - Employment rights - GLAA. These are their legal rights. You can also find information around employer responsibilities here: Contract types and employer responsibilities: Overview - GOV.UK (www.gov.uk)

You must always conduct a right to work check before you employ anyone (regardless of nationality) to ensure they are legally allowed to do the work in question for you. This may be a manual document check or digital check using the Home Office online service, which you access with a share code presented from the worker and their date of birth. Always ensure you refer to the latest Right to work guidance, so you keep up to date with the latest changes.

A migrant worker may already have a visa which permits them to certain work with restrictions such as a graduate, student or dependent visa. Their online right to work check would specify the permissions and restrictions around this.

A migrant worker may also be working on a skilled Worker visa, which permits them to do additional work of a certain type whilst fulfilling their sponsored role, up to 20 hours per week and outside of their normal working hours within a job on the Skills Shortage Occupation list (see section Skilled Worker Visa below).

Where a migrant worker has none of the above, this is where sponsorship would be necessary and where information in this guidance document comes to the forefront. If you are looking to employ a migrant worker as a Care Worker or Senior Care Worker, the Health and Care Worker Visa under the Skilled Worker route would be appropriate.

For more information:

Right to work checks: an employer's guide - GOV.UK (www.gov.uk)

Skilled Worker Visa - Skilled Worker visa: Overview - GOV.UK (www.gov.uk)

Health and Care Worker Visa - Health and Care Worker visa: Overview - GOV.UK (www.gov.uk)

If you decide to progress with sponsoring a worker, here is a snapshot of the most important responsibilities you have as a sponsor.

You must check your workers have the necessary skills, qualifications or accreditations to complete their role, including the relevant proof of English language skills.
You must provide them with a valid Certificate of Sponsorship and keep this updated with any relevant changes relating to the worker or their work.
You must inform Visas and Immigration (UKVI) if they are not complying with the conditions of their visa.
You must keep copies of relevant documents, including proof of verified right to work checks.
You must pay them for the work that they do and provide them with a payslip (a record of their pay) you must employ them against a genuine vacancy with work that is guaranteed/contractual and that meets the minimum salary threshold.
You are liable for any applicable Immigration Skills Charge, and this cannot be passed to the worker.
You must ensure that any salary deductions that you make as an employer do not place the worker under the minimum hourly salary threshold.

For a full list of all the employers’ responsibilities please see UK visa sponsorship for employers: Your responsibilities - GOV.UK (www.gov.uk)

To sponsor a worker, you must demonstrate that the role offered is “genuine”.

The Home Office defines a genuine vacancy as:

requires the jobholder to perform the specific duties and responsibilities for the job and meets all of the requirements of the relevant route
does not include dissimilar and/or predominantly lower-skilled duties,
is appropriate to the business in light of its business model, business plan and scale

The work must be guaranteed and must be contractual. Workers cannot be sponsored as an agency worker; by definition a genuine vacancy does not exist, the role (as provided to various engaging clients) is not defined and specific and is not guaranteed.

For more information on the definition of a genuine vacancy as defined by UK Visas and Immigration (UKVI), please visit Workers and temporary workers guidance-for-sponsors-part-3-sponsor-duties-and-compliance.

There is helpful information on the Skills For Care International Recruitment guide which provides details around different information sources / evidence which can help demonstrate the genuine vacancy. This includes examples such as contracts you hold, hierarchy charts, evidence of agency staff used to meet the demands.

Applying for a certificate of sponsorship (skillsforcare.org.uk)

You will need to ensure that the job being offered is eligible under the Skilled Worker visa.

Skilled Worker visa: eligible occupations and codes - GOV.UK (www.gov.uk)

The job must appear in the Appendix Skilled Occupations to be able to be considered for sponsorship.

Immigration Rules - Immigration Rules Appendix Skilled Occupations - Guidance - GOV.UK (www.gov.uk)

There are multiple tables within this, and the relevant table will be dependent on the salary points option applicable:

- Table 1 of Appendix Skilled Occupations if the worker is claiming points for salary under salary options A to E

- Table 2 of Appendix Skilled Occupations if the worker is claiming points for salary under salary options F to J and is being sponsored for a ‘Health and Care ASHE salary job’

- Table 2 or Table 2a of Appendix Skilled Occupations if the worker is claiming points for salary under salary options F to J and meets the transitional provision criteria

- Table 3 of Appendix Skilled Occupations if the worker is claiming points for salary under salary option K (eligible health or education job)

If you are sponsoring a Care Worker or Senior Care Worker, Table 2 is relevant. The salary option is likely to be option I, and the SOC (Skills Occupation Code) would be 6135 for Care Worker, 6136 for Senior Care Worker.

For more information: Sponsor a Skilled Worker - GOV.UK (www.gov.uk)

If a job appears in the Immigration Salary List, there are discounts on the general salary thresholds and going rates. The minimum salary is 80% of the route’s usual minimum rate to qualify for a Skilled Worker or Health and Care Worker visa.

The list displays a standard rate and lower rate. A worker would qualify for the lower rate if they are either:

applying for a Health and Care Worker Visa in certain occupations
got a certificate of sponsorship for this visa application before 4 April 2024
got a certificate of sponsorship for their first Skilled Worker visa before 4 April 2024 and have continually held one or more Skilled Worker visas since then.

If you are sponsoring a Care Worker or Senior Care Worker, the lower rate would apply.

For more information; Skilled Worker visa: immigration salary list - GOV.UK (www.gov.uk)

The salary you have to pay will depend on the salary option which the worker will score points for and the general salary threshold can be any of £38,700, £34,830, £30,960, £29,000, £26,100, or £23,200 per year. This is another recent change under the latest Immigrations Rules reform in April 2024.

The ‘going rate’ for a job will also be specified in the relevant table of the Appendix Skilled Occupations. Immigration Rules - Immigration Rules Appendix Skilled Occupations - Guidance - GOV.UK (www.gov.uk)

There are various ways a worker can score points for salary. These are labelled as Options A to K in the Immigration Rules. These options also show the minimum amount you must pay the worker in the specified circumstances, and any associated criteria for the options.

If you are sponsoring a Care Worker or Senior Care Worker, most likely option I ‘Job in Appendix Immigration Salary List (20% discount on general threshold only)’.

Salary must meet or exceed all of:

• £23,200 (general threshold) based on a 37.5 hours per week

• 11.90 per hour.

When calculating whether the general salary threshold or going rate is met, the maximum hours which can be taken into account are 48, even if the person is working more than this.

For further information: Sponsor a Skilled Worker - GOV.UK (www.gov.uk)

Everyone who works in the UK must be paid the National Minimum Wage, details can be found at National Minimum Wage and National Living Wage rates - GOV.UK (www.gov.uk) and is for every person in the UK regardless of type of visa. This is updated every year in April. If they have any deductions from their pay, it must not take their pay below the national minimum wage. Employees can query this at any time.

There are additional requirements which came into force under the April 2024 Immigration rule changes.

The employer must hold active registration with the Care Quality Commission (CQC) and be currently undertaking at least one ‘regulated activity’ if all of the following are true:

you wish to sponsor a worker under occupation code 6135 (care workers and home carers) or 6136 (senior care workers)
the job you are sponsoring the worker for has a working location in any part of England
the worker made their application for entry clearance or permission to stay on or after 11 March 2024.

There is detailed guidance on the scope of regulated activities on the CQC website: guidance providers/ scope registration regulated activities page.

Before progressing with a sponsorship for a worker, you must be confident in your expectations the worker will meet the Home Office requirements, scoring the necessary points and being able to provide the necessary document.

Points system

The full points requirement is 70 and is broken down as follows:

1/ The job must:

be a genuine role
meet the rules on working for a third party (if relevant)
comply with the National Minimum Wage and Working Time Regulations (20 points)

2/ Appropriate skill level - The job must be in an eligible occupation and (where relevant) meet the ATAS requirement (20 points)

3/Salary - you must pay the worker at least the applicable general threshold and going rate for the job they are being sponsored for. The applicable threshold depends on a number of factors (20 points)

4/ English language- The worker must have English language skills at level B1 or higher on the Common European Framework of Reference for language in all 4 components (speaking, listening, reading, writing), as specified in Appendix English Language. (10 points)

Wider requirements include:

is aged at least 18 on the date of application
meets the ‘points’ requirement of the route (sponsorship, skill level, salary and English language), as set out below
meets the genuineness requirement
meets the financial requirement
if they were previously an officially sponsored student, has the consent of that sponsor to making the application
if relevant, meets the criminal records certificate requirement
meets the requirements relating to entry to the UK, extension of permission or ‘switching’, as appropriate

A vital part of this is meeting the English Language requirements. A worker must prove they can read, write, speak and understand English to at least level B1 on the Common European Framework of Reference for Languages (CEFR) scale. Some roles do require a higher level of English which you would need to check.

A worker can provide their knowledge of English by:

passing a Secure English Language Test (SELT) from an approved provider
having a GCSE, A level, Scottish National Qualification level 4 or 5, Scottish Higher or Advanced Higher in English, gained through study at a UK school that you began when you were under 18
having a degree-level academic qualification that was taught in English - if you studied abroad, you’ll need to apply through Ecctis (formerly UK NARIC)for confirmation that your qualification is equivalent to a UK bachelor’s degree, master’s degree or PhD

There are some countries where a worker would not need to prove their English, if they were a national from:

Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, the British overseas territories, Canada, Dominica, Grenada, Guyana, Jamaica, Malta, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, USA.

Even if you are sponsoring a worker who has previously been approved for a visa, you must still see evidence of this.

In supporting migrant workers, advice and guidance is provided on the following website:

Sponsored Migrants – know your rights > Make Care Matter

It provides advice on a range of topics including responsibilities, pay and deductions, dependents, useful signposting for further support. Please familiarise yourself with the content on the site and refer your employees to it.

An itemised payslip

You must provide a pay slip on, or before the day they are paid, which shows their gross pay and their net (take home) pay. It should show the amount and reason for any deductions taken from their pay. Deductions that change each time someone is paid, such as tax and National Insurance, should be listed on each pay slip. They should receive their agreed pay on time, including any holiday or sick pay owed to them. The salary that shows on the payslip must match or exceed salary threshold for sponsorship and after any lawful deductions must still meet the national minimum wage.

As an employer, you can only make certain deductions from wages, and they must be listed on the pay slip.

Employees should always receive the ‘net amount’ shown after deductions. Some deductions are statutory, like tax and National Insurance, others may need to be agreed to, such as accommodation or transport charges.

Some deductions in contracts may not be legal. Even deductions they have agreed to must not take the employee’s pay below the minimum wage, except for a limited amount for accommodation. If you are not sure get help and advice (see below).

You must NOT be making unlawful deductions to cover the costs of recruiting any person or the costs of relocating them to the UK. These fees/ charges are the employer’s responsibility to cover.

Further details about lawful and unlawful pay deductions can be found using the link below.

Understanding your pay: Deductions from your pay - GOV.UK (www.gov.uk)

As well as the government website, ACAS can also help to provide support and information.

You can find further information on the following websites.

Making and checking deductions - Deductions from pay and wages - Acas

If you provide the employee with accommodation as part of their job, you must provide the employee with a Tenancy Agreement as you would acting as both their employer and landlord. Information for Landlord/property owners can be found on the government website - Tenancy agreements: a guide for landlords (England and Wales): Overview - GOV.UK (www.gov.uk)

You must also notify the employee the amount they are being charged either per day, or per week. This will help them to identify if it is less or more than the ‘off-set’ charge which is currently £9.99 per day from 1^st April 2024 ( £69.93 per week). This does not mean you can charge or deduct £9.99 per day from the employees pay; it is calculated as follows against their wage;

If you are providing the accommodation for free, the accommodation offset is added to their pay.
If you charge for the accommodation is lower than the offset rate their pay remains unaffected
If the accommodation rate is higher than the offset rate, their pay is calculated to take account of this and will be reduced.

It is important that, as the employer, you get the calculation right as if it takes their pay below the UK National Minimum Wage it could be unlawful.

Further details can be found at; National Minimum Wage and Living Wage: accommodation: Accommodation rates - GOV.UK (www.gov.uk)

When your employee is starting in their new role, you should provide the employee with a ‘Contract of Employment’. A contract of employment is a legally binding agreement between you the employer and your employee. Information on employment contracts can be found at Employment contracts: Overview - GOV.UK (www.gov.uk)

One of the conditions of work is that they do not work over a legal maximum number of hours. This is called a ‘Working Time Directive’. There are exceptions to this where the employee may be required to work more. As employer, you are responsible for ensuring the employee is not working over their maximum hours. Please see Maximum weekly working hours: Overview - GOV.UK (www.gov.uk).

Hours of work

Your employees should not have to work more than 48 hours a week, including any overtime, unless the employee has chosen to do so.

All employees are entitled to at least one day off per week, or two days every two weeks. If they work for more than six hours a day, you must allow them to have a rest break of at least 20 minutes.

Annual leave

You must provide your employees, by law, with a minimum number of weeks of paid holiday a year, starting from their first day at work. This includes part time, zero hours and fixed term contract workers.

The amount of holiday each person gets depends on the days or hours they work. It is based on their normal working hours (pro rata for part-time workers), accrued during the time they work for the company and should be paid at their normal working rate.

When an employee leaves employment, any holidays they have accrued and not used should be paid to the person.

Find out more about ‘pay and work rights’ at gov.uk.

Making sure your employees are safe when completing their duties is a lawful requirement for every employer. The official HSE website can provide you information regarding different health and safety regulations that must be in place. HSE: Information about health and safety at work

Inclusive Workplaces: Discrimination Free

The Equality Act 2010 legally protects people from discrimination in the workplace. This act protects employees from discrimination, harassment and victimisation.

Equality Act 2010: guidance - GOV.UK (www.gov.uk)

All employees have a right to be a member of a trade union and should not be prevented or discouraged from joining one.

A trade union is an organisation with members who are usually workers or employees. It looks after their interests at work by doing things like discussing members’ concerns with employers and negotiating agreements to provide a better working environment for the employees.

The union will charge a union membership fee (‘membership sub’) to the worker to finance the work of the union. This can be the same amount for all employees or based on pay level.

Below are links to the trade union websites which can provide further information and a link to the current list of trade unions.

UNISON - the public service union

Home - The Care Workers Union (CWU)

Trade Union, Unions UK, Workers Union - Unite the union

If you are offering accommodation as an employer, the accommodation you offer must be of a good basic standard and it should be safe. Occupants must have access to electricity, heating and water. When they move into the accommodation, they should have a Tenancy Agreement with the property owner, whether this is their employer or an independent landlord. The property owner is responsible for ensuring the accommodation is a suitable standard and that they meet all aspects of Housing and Tenancy Law

Citizens Advice, Shelter and other advice organisations offer free and impartial advice on housing issues please ensure that employees can access the help they need to know their rights and have a good standard of safe housing.

If an employee is looking for accommodation without your assistance, they should ensure they use a legitimate landlord. You can advise them to look at the below website which can support them in what to look for when renting a property.

How to rent: the checklist for renting in England - GOV.UK (www.gov.uk)

Websites such as Rightmove and Zoopla are popular ways to search for private rented accommodation.

Rightmove - UK's number one property website for properties for sale and to rent

Zoopla > Search Property to Buy, Rent, House Prices, Estate Agents

To check what the landlord is responsible for please visit; Renting out your property: Landlord responsibilities - GOV.UK (www.gov.uk)

If an employee has notified you that they have become homeless or are worried about becoming homeless, this guidance might help them:

Help if you’re homeless or about to become homeless - GOV.UK (www.gov.uk)

If your employee is working in the UK on a sponsored visa with no recourse to public funds, specialist advice is available to them, the immigration status may impact on their ability to access emergency accommodation solutions:

Find specialist immigration advice through:

Their adviser could help them identify options available to them as well.

If the person has permission to enter or stay in the UK, it may include a no recourse to public funds (NRPF) condition. The NRPF condition means they will not be able to claim most benefits, tax credits or housing assistance that are paid by the state but there are exceptions for some benefits. For more information, visit Public funds - GOV.UK (www.gov.uk)

If you want to consider other options for your employees and their dependents to work in the UK, options are detail here: Work in the UK - GOV.UK (www.gov.uk).

What is the purpose of a sponsor licence and how do I obtain one?

A sponsor licence enables you to employ migrant workers, who otherwise would not have right to work in the UK. There is a detailed application process to apply to sponsor Skilled Workers. You can apply for different routes as well, but this is the most common for employers. There are documents that you will also need to provide to support the application. You also need to have designated key personnel identified who will undertake actions, some of which in the Sponsorship Management System which you would be given access to.

For more information:

Sponsor a Skilled Worker – GOV.UK (www.gov.uk)

Workers and temporary workers guidance for support part 1 - apply for a licence (www.gov.uk)

International recruitment (skillsforcare.org.uk)

Becoming a Visa Sponsor - Help Sheet for ASC Providers (skillsforcare.org.uk)

How much does it cost?

Fees will depend on the size of the employer/organisation and the type of licence you request.

For more information: Home Office immigration and nationality fees: 10 April 2024 – GOV.UK (www.gov.uk)

Can I employ migrant workers without it?

You can employ a migrant worker, if they already have existing permissions to work in the UK in the role you require, and that the work offered falls within any visa restrictions and does not impact on the core visa requirement or engagement. Otherwise, you can't.

For more information: Right to work checks: an employer's guide - GOV.UK (www.gov.uk)

What other costs are involved?

The employer pays a processing fee when applying for each Certificate of Sponsorship (COS), currently £239. In addition to that, there is an Immigration Skills Charge which is currently £1000 per year. This is typically applied although there can be instances where you are not liable for the charge. These costs cannot be passed onto the worker.

For more information:Sponsor a Skilled Worker - GOV.UK (www.gov.uk)

How do I pay the fees each time?

This is completed at the time of assigning a Certificate of Sponsorship to a worker. The system will calculate the fee, based on the duration of the sponsorship (ISC charge) and processing fee, currently £239. The total figure will be displayed on the screen, and you will need to make the payment via credit card. You should receive confirmation of the transaction, to the email address you specify.

Can I pass on the fees to the worker?

No, you can't pass on employer costs to the worker. Your licence could be revoked if you were found to be doing this.

Do I have to pay for the workers visa?

No, you don't have to however you can choose to. If you have multiple sponsored workers, be aware of treating your workers equally and setting a precedence within your workforce.

How do I sponsor a worker?

Once you have a sponsor license, you are ready to sponsor workers. You must ensure the role and the person meets the Home Office requirements. The role must be on the Appendix Skilled Occupation list, meets the salary requirements applicable, and the person meets the requirements of the points system.

For more information: Sponsor a Skilled Worker - GOV.UK (www.gov.uk)

International recruitment (skillsforcare.org.uk)

Applying for a certificate of sponsorship (skillsforcare.org.uk)

What is the points-based system?

All applicants on the Skilled Worker route must score 70 ‘points’ to be eligible for entry clearance or permission to stay. The worker must score the specified number of points for each row in the table.

1/ The job must:

• be a genuine role

• meet the rules on working for a third party (if relevant)

• comply with the National Minimum Wage and Working Time Regulations (20 points)

2/ Appropriate skill level - The job must be in an eligible occupation and (where relevant) meet the ATAS requirement (20 points)

3/ Salary - you must pay the worker at least the applicable general threshold and going rate for the job they are being sponsored for. The applicable threshold depends on a number of factors (20points)

For more information: Sponsor a Skilled Worker - GOV.UK (www.gov.uk)

How do I know what the salary requirements are?

There are general salary thresholds, going rates and hourly rates. The applicable rate will depend on what salary options the worker will be claiming points for. There will be some options where a reduced / discounted rate will be applicable, as well as transitional provision. You need to refer to the tables and guidance for specifics.

For more information:

Sponsor a Skilled Worker - GOV.UK (www.gov.uk)

Immigration rules appendix skilled occupations - GOV.UK (www.gov.uk)

What are my responsibilities as a sponsor?

There is a range of responsibilities which need to be met. These include monitoring and reporting on activity relating to your sponsored workers, to help UKVI ensure they are still meeting their sponsorship requirements. This covers activities things such as absence from work, changes of hours / salary/ work base location, changes in role, worker resigned and so on. Reporting is time critical and should be actioned within the timescales set, usually 10 or 20 days dependent on the activity. You need to report organisational / employer changes, and comply with wider employment law and practices, treating workers as they should be treated. There is specific detailed guidance which you need to be familiar with and abide by as a sponsor.

An overview of the employers’ responsibilities is listed on the government website. UK visa sponsorship for employers: Your responsibilities - GOV.UK (www.gov.uk)

Alternatively, you can contact the UKVI contact line to speak to an advisor. Contact UK Visas and Immigration for help - GOV.UK (www.gov.uk)

For more information: Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance (accessible) - GOV.UK (www.gov.uk)

What are the implications of not meeting those responsibilities?

Implications include having your license downgraded, suspended or revoked, dependent on the severity of the failure to meet the requirements.

For more information: Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance (accessible) - GOV.UK (www.gov.uk)

What is a Certificate of Sponsorship (COS)?

The COS is what you issue in the Sponsorship Management System (SMS), detailing the specifics of the role, the contract, and the person you wish to sponsor the worker. By submitting the COS, it is confirmation;

you are satisfied the worker can meet the relevant immigration requirements
are eligible to sponsor the worker on the relevant route
agree to abide by the terms and conditions as stated on the SMS.

For more information:

Sponsor a Skilled Worker - GOV.UK (www.gov.uk)

Skills for Care International Recruitment guide

Applying for a certificate of sponsorship (skillsforcare.org.uk)

Do I need CQC registration to sponsor?

Yes you do if you wish to sponsor care and senior care workers. You must hold active registration with the Care Quality Commission (CQC) and be currently undertaking at least one ‘regulated’ activity.

For more information: Sponsor a Skilled Worker - GOV.UK (www.gov.uk)

How do I know what the correct occupation code is (SOC)?

There is detailed guidance on the SOC 2020 system on the Office for National Statistics website. The University of Warwick has also developed a Computer Assisted Structured Coding Tool (CASCOT) which can help you choose the correct SOC 2020 code.

For more information: SOC 2020 - Office for National Statistics (ons.gov.uk)

How do you determine a genuine vacancy?

The Home Office defines a genuine vacancy as: requires the jobholder to perform the specific duties and responsibilities for the job and meets all of the requirements of the relevant route, does not include dissimilar and/or predominantly lower-skilled duties, is appropriate to the business in light of its business model, business plan and scale.

A genuine vacancy would be guaranteed, specific and an integral part of your business.

For more information: Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance (accessible) - GOV.UK (www.gov.uk)

Sponsor a Skilled Worker - GOV.UK (www.gov.uk)

Skills For Care International Recruitment guide

Applying for a certificate of sponsorship (skillsforcare.org.uk)

What is a Defined COS?

These are for Skilled Workers applying for their application for permission (entry clearance) from outside the UK.

For more information: Sponsor a Skilled Worker - GOV.UK (www.gov.uk)

What is an Undefined COS?

These are for Skilled Workers applying for permission to stay from within the UK, whether applying for entry clearance, permission to enter or permission to stay.

For more information: Sponsor a Skilled Worker - GOV.UK (www.gov.uk)

What information do I need on each worker?

This will depend on whether you are sponsoring someone from within the UK or outside the UK, the role and the specific circumstances of the worker. The guidance takes you through what information you need to enter within the COS and what documents you need to keep on record. This may include personal documents such as passport, existing BRP, proof of English, certificate of good conduct, proof of address, qualifications, professional registrations etc. If outside the UK and from certain countries, a clear TB test may also be required.

For more information: Sponsor a Skilled Worker - GOV.UK (www.gov.uk)

Sponsor a worker: sponsor guidance part 2 - GOV.UK (www.gov.uk)

Sponsor guidance appendix D: keeping records for sponsorship - GOV.UK (www.gov.uk)

Can you include allowances in the salary on the COS?

Typically, you can't include these on the Skilled Worker route, even if they are guaranteed. This will be the most common situation however there are exceptions where transitional arrangements apply. If the worker is in the UK and is applying for permission to stay (or settlement), you may include guaranteed allowances in the salary figure entered on the worker’s CoS if all of the following conditions are met:

the worker was previously granted permission as a Tier 2 (General) Migrant and has had continuous permission as a Skilled Worker or Tier 2 (General) Migrant ever since
you sponsored the application which led to the worker’s last grant of permission and you are continuing to sponsor the worker; and
the allowances are guaranteed, will be paid for the duration of the worker’s permission, and would be paid to a local settled worker in similar circumstances, such as London weighting

There are also other sponsor routes which do permit allowances and other guaranteed bonuses to be included. Examples of this include Global Business Mobility, Government Authorised exchange workers and creative workers.

For more information, refer to Sponsor a Skilled Worker (publishing.service.gov.uk) and Sponsor a worker: sponsor guidance part 2 - GOV.UK (www.gov.uk)

Can you state different work locations on the COS?

You need to state the main work base, but you can also add other regular work locations. If this changes, you need to ensure you update the Certificate of Sponsorship. Day to day changes i.e., attending a different work basis for a course, do not need to be updated, it is more about a change on to regular working.

For more information: Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance (accessible) - GOV.UK (www.gov.uk)

If I provide the COS, does that mean the worker can start employment?

Typically, no it doesn't. The COS enables the worker to progress with their visa application which still needs to be approved before they can start work. However, there may be exceptions such as if they already had right to work in the UK, or applied for their new visa before previous visa expired.

For more information: Right to work checks: an employer's guide - GOV.UK (www.gov.uk)

Am I responsible for their dependents?

No, the COS relates to the sponsored worker only.

Can a sponsored worker bring their dependents to the UK?

This depends on the specific circumstances of the worker, the role and when the COS issued. Immigration rules changes from 11^th March 2024 tightened this relating to care workers.

Care workers and senior care workers already in the skilled worker route will be able to remain with their dependants, including extending and changing employer
Where a care worker or senior care worker is in the route before the Immigration Rules changed, but has not yet brought dependants, they will be allowed to bring dependants during their sponsorship (on this visa).
Individuals who are in the UK on any other route, including where that route permits dependants, who switch into the care visa as a care worker or senior care worker after this date, will not be able to stay with (or bring over) dependants

For more information: Skilled Worker visa: Your partner and children - GOV.UK (www.gov.uk)

Can I move the sponsored worker into any role?

No, you can’t do this. The Certificate of sponsorship is specific to the role. However, you can continue to sponsor a worker if they change to a different role within the same occupation code, providing a number of conditions are met, please see detailed guidance for this.

For more information: Sponsor a worker: sponsor guidance part 2 - GOV.UK (www.gov.uk)

Sponsor a Skilled Worker - GOV.UK (www.gov.uk)

Can a sponsored worker do additional hours for me in their current sponsored role?

The workers permissions will confirm what restrictions there are on the employment. They can work additional hours in the sponsored role, if this are available however you must adhere to Working Time Regulations and be considerate of the worker's health and wellbeing.

For more information: Maximum weekly working hours: Overview - GOV.UK (www.gov.uk)

Sponsored migrants in a care worker role can complete additional hours in another role, providing that role is on the skill shortage occupation list and it must NOT impact the core sponsored work and cannot be included in the min salary threshold – these must be earned and met in the core sponsored role. Please refer to question below regarding supplementary work.

Can a sponsored worker do supplementary work for another employer as well?

The workers permissions will confirm what restrictions there are on the employment. Usually, they can undertake supplementary work in a different role for the same employer or a different employer.

They can seek to work up to an additional 20 hours per week, providing it is outside of the contracted work hours and does not overlap with the sponsored role, this includes the salary being in addition to the min threshold of the sponsored role, it cannot be part of meeting the threshold
They must continue working in the job for which the CoS was assigned

If sponsored pre the 4th April 2024, the additional work MUST also be work that is detailed on the Home Office skill shortage list only.

If sponsored on or after the 4th April 2024, it must be one of the following types of eligible employment:

in the same profession and at the same professional level as the work for which the CoS was assigned
a job which is in an occupation listed in Appendix Immigration Salary List
a job which is in an eligible SOC 2020 occupation code listed in Table 1, 2 or 3 of Appendix Skilled Occupations

Under the latest Right to Work guidance, there is more information regarding employers responsibilities when employing a sponsored worker in this capacity.

An employer will no longer have a statutory excuse if during the course of employment, they become aware a sponsored worker is working in breach of the sponsorship and they continue to employ them in spite of that knowledge.
During the course of employment, the employer believes that the sponsored worker may have ceased working for their sponsor, or that their contractual hours have changed, they should request further information to confirm whether the worker is still eligible to carry out the supplementary employment
If an employer identifies that the sponsored worker is working in breach of sponsorship, they are required to take the appropriate action such as contacting the Home Office for support and/or taking steps to terminate employment.

Having the legal right to work for supplementary hours is directly linked to the worker’s core right to work under the sponsorship, therefore the employer of the supplementary hours would not have a statutory excuse to continue employing if the core sponsorship is breached or revoked.

For more information:

Visit skilled worker visa immigration salary list

Immigration rules appendix skilled occupations

Sponsor a Skilled Worker - GOV.UK (www.gov.uk)

Sponsor a worker: sponsor guidance part 2 - GOV.UK (www.gov.uk)

Can I reduce the hours /salary of a sponsored worker?

You would need to ensure if there was any change of hours / or salary, that the salary requirements of the sponsorship are still maintained and should check this before any reduction. If they don't, you may need to stop sponsoring the worker and ensuring that the changes and made meeting UK Employment. There are situations which may lead to a salary reduction where a temporary reduction is permissible, such a maternity or sick leave. You need to refer to the specific guidance on this. In all cases, you need to ensure you report changes via the SMS system.

For more information:

Sponsor a worker: sponsor guidance part 2 - GOV.UK (www.gov.uk)

Do I have to inform UKVI of changes relating to the worker?

Yes you do. There is a list of things you need to report through in terms of migrant activity / changes of circumstances including change of hours, salary, work base etc. As a sponsor, you need to be familiar with the guidance specifics on this and have mechanisms in place for capturing these employment changes.

For more information: Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance (accessible) - GOV.UK (www.gov.uk)

Can I extend the sponsorship for a worker?

Yes you can if you wish to sponsor them to continue in the same role, or to do a different job in the same occupation code. You would need to make a new Certificate of Sponsorship (CoS) and the worker must make an ‘extension of permission to stay’ application. The worker should do this before their existing permissions expire.

For more information:

Sponsor a worker: sponsor guidance part 2 - GOV.UK (www.gov.uk)

What if a sponsored worker TUPEs over to my employment?

If you already have a licence to sponsor a Skilled Worker, it is likely you would not need to pay the Immigration Skills Charge (usually £1000 year), providing the worker still has permission and is not changing role. If you don't have a sponsor licence, you would need to go through the process to obtain one and make your application within 20 days of the staff moving. If you failed to comply with this, the workers permissions would unfortunately be cancelled and when the workers permission expire they must stop working for you.

For more information:

Sponsor a worker: sponsor guidance part 2 - GOV.UK (www.gov.uk)

Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance (accessible) - GOV.UK (www.gov.uk)

What happens if the worker resigns, or we terminate the employment?

You would need to report this change via the Sponsorship Management System, as soon as possible and no later than 10 days after the change occurred. You should expect a partial refund for all whole unused 6-month periods of permission after the first year of employment. There are other circumstances where a full or partial refund would be made, please see specific guidance for this.

For more information: Sponsor a worker: sponsor guidance part 2 - GOV.UK (www.gov.uk)

Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance (accessible) - GOV.UK (www.gov.uk)

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Employer Guide; Sponsoring and supporting migrant workers in the care sector

Key resources to refer to

General Employment in the UK; what you must do as an employer

What you should check as an employer

Employment in the UK via Employer Sponsorship; What you must do:

Genuine Vacancy

Skilled Occupations

Immigration Salary List

Pay and Salary options

Additional requirements for sponsoring care workers and senior care workers

Immigration Requirements for the worker

Points system

Wider requirements include:

English Language

Wider responsibilities as an employer

An itemised payslip

Deductions from their pay

Pay deductions for accommodation provided by the employer

Pay deductions for Uniforms

Conditions of work

Hours of work

Annual leave

Health & Safety at Work

Inclusive Workplaces: Discrimination Free

Unions

Accommodation

Public Funds

Frequently Asked Questions