If your company or organization is a Skilled Worker Sponsor, you have certain responsibilities under UK immigration law. Being a sponsor means you can hire foreign workers who want to come to the UK to work in specific jobs. However, along with this opportunity comes a set of important duties to ensure the worker follows the rules.
In this guide, we’ll explain the core duties of a Skilled Worker Sponsor to help you understand your obligations and ensure you stay compliant.
1. Check the Eligibility of Workers
Before offering a job to a foreign worker, you must ensure that they meet the requirements to work in the UK. This includes:
- Valid Job Offer: The job must be eligible for a Skilled Worker visa.
- Required Salary: The position must meet the salary thresholds set by the UK government.
- Proper Qualifications: The worker must have the necessary skills and qualifications for the role.
You need to ensure that your prospective employee qualifies for a Skilled Worker visa before offering them the position.
2. Maintain Accurate Records
As a sponsor, you must keep detailed and up-to-date records about each foreign worker you employ. These records include:
- Personal details of the worker (e.g., passport, contact information).
- Details of the job being offered (e.g., job title, salary, and working hours).
- Copies of the employee’s visa and any necessary supporting documents.
You must keep these records for the entire time the worker is employed with you. If requested by UK Visas and Immigration (UKVI), you must be able to provide this information.
3. Report Changes to UKVI
It’s essential to inform UK Visas and Immigration (UKVI) if any significant changes occur in the worker’s employment status, such as:
- If the worker stops working for you or leaves their job.
- If the worker changes jobs within your company.
- If the worker fails to attend work without a valid reason.
- If the worker’s contact details change.
You must report these changes to UKVI within a specific time frame. Failing to do so could result in penalties or losing your sponsorship license.
4. Ensure the Worker Complies with Visa Conditions
As a sponsor, you are responsible for making sure the worker complies with the conditions of their visa. This includes ensuring that they:
- Work the correct number of hours.
- Do not take up unapproved work outside of their role.
- Do not breach any other conditions set by UKVI.
If the worker fails to meet these requirements, you must report the issue to UKVI.
5. Cooperate with UKVI Inspections
UKVI may inspect your business to make sure you are following all sponsorship rules. You must cooperate with these inspections and provide all requested documents and information to demonstrate your compliance.
You may also be asked to attend interviews or meetings with UKVI representatives as part of these inspections.
6. Pay the Immigration Skills Charge (ISC)
As a Skilled Worker sponsor, your business is required to pay the Immigration Skills Charge (ISC) for each skilled worker you hire. This charge helps fund training programs in the UK.
- The charge amount depends on the size of your business and the worker’s visa duration.
- Some workers, like those on lower-paid visas, may be exempt from paying the charge.
7. Maintain Your Sponsorship Licence
To continue sponsoring skilled workers, you must ensure that your sponsorship license remains valid. This means:
- You must renew your license when necessary.
- You must ensure that all employees involved in managing your sponsorship responsibilities are trained and compliant.
- You must submit regular updates or reports to UKVI about your sponsorship activity.
8. Support Worker’s Transition to Permanent Residency (If Applicable)
If a worker on a Skilled Worker visa wishes to stay in the UK long term, they may eventually apply for Indefinite Leave to Remain (ILR). As their sponsor, you may be asked to provide information and support their application for permanent residency.
9. Keep Up to Date with Sponsorship Rules
Sponsorship rules can change, so it’s essential to stay informed. This includes:
- Changes to the Skilled Worker visa requirements.
- Updates on the Immigration Skills Charge.
- New rules about reporting or record-keeping.
Failing to comply with these rules can result in penalties, including the possibility of losing your sponsorship license.
Being a Skilled Worker Sponsor in the UK comes with important responsibilities. By following these core sponsorship duties, you ensure your business stays compliant with UK immigration laws and help your foreign workers remain in good standing with UKVI.
If you need to help understanding your sponsorship duties or managing your license, Law and Visas can provide expert advice and support to guide you through the process. Reach out to us today for assistance with your Skilled Worker sponsorship needs.
