When sponsoring a worker in the UK, ensure the job details in their Certificate of Sponsorship (CoS) are correct. Report any role changes to the UK Home Office. If the job changes significantly, you may need to issue a new CoS and submit a Change of Employment visa application. Failing to report changes can result in visa cancellation and suspension of your sponsor license. This Worker’s Job Role Changes guide covers job role changes within the same company and how to fix an incorrect Standard Occupational Code (SOC).
What Information Do You Need About the Job Role?
You, as the sponsor, record the job role details on the Certificate of Sponsorship (CoS), a document you issue to support the worker’s visa application. The CoS includes:
- Job Summary: A brief description of the worker’s duties and responsibilities. This helps the Home Office understand the nature of the job.
- Standard Occupational Code (SOC): A 4-digit code that classifies the job. The role must fall under an eligible SOC (listed in the Home Office rules) for the worker to be eligible for a Skilled Worker visa.
You need to know exactly what the worker’s duties are to report any changes. If the worker’s job changes but the SOC remains the same, you may just need to update the CoS. However, if the change leads to a different SOC, you will need to assign a new CoS and submit a Change of Employment application.
Types of Worker’s Job Role Changes
- Changes Leading to Different SOC Codes: If the job change results in a different SOC code, employers must assign a new Certificate of Sponsorship (CoS) and the worker must apply for a new Skilled Worker visa. This is known as a “Change of Employment” application.
- Report any permanent changes, such as a promotion or a permanent role change, even if the worker stays within the same Standard Occupational Classification (SOC) code. For example, a junior sales manager promoted to a senior sales manager requires reporting, even though the SOC remains unchanged.
- Report any temporary changes in duties. For example, if a worker is temporarily assigned to a different project but remains under the same SOC code, you must document this change.
The Process for a Worker’s Job Role Changes of Employment Application
- Certificate of Sponsorship: If the worker’s role changes significantly, you need to request a new CoS. Depending on your company’s quota, you may need to apply for an allocation increase if you’ve used up your quota for the year.
- Paying for the CoS: As the sponsor, you are responsible for paying for the new CoS, as well as the Immigration Skills Charge and any visa application fees.
- Visa Application: The worker will need to submit a new Skilled Worker visa application. They must include the new CoS, and supporting documents, and attend a biometrics appointment if required.
- Processing Time: The standard processing time for a Skilled Worker visa is 8 weeks, but you can use priority services to speed up the process (priority service costs £200).
Visa Fees for a Change of Employment Application
When applying for a Change of Employment visa, there are several fees involved:
- Visa fee: Up to £1,408 (depending on the job and the length of the visa).
- Biometric fee: £19.20.
- Immigration Health Surcharge: £624 per year (unless exempt).
If the worker is applying for a visa with a shorter or longer duration, the fees may vary. In some cases, the worker may be eligible for a partial refund on the Immigration Health Surcharge if there is duplicate coverage for the same period.
Compliance and Record Keeping for Worker’s Job Role Changes
- Maintaining Records: Employers should maintain accurate records of where sponsored workers are located and the nature of their roles. This includes documenting any changes in work location or job responsibilities.
- Right-to-work Checks: Following any approved change of employment application, employers are required to conduct repeat right-to-work checks before the employee starts in their new role. This is crucial for maintaining compliance with sponsor duties.
- Potential Consequences of Non-Compliance: Failure to report changes appropriately can lead to serious repercussions, including the risk of losing the sponsor license or facing penalties for illegal working conditions.
Do Dependants Need to Apply for a New Visa?
Dependents (such as partners and children) who are on a Skilled Worker visa do not need to submit a new application every time the worker’s role changes. They only need to apply for a new visa if their current visa is about to expire.
For example, if the main applicant applies for a Change of Employment visa in January 2023, their dependants will not need to apply for a new visa unless their visas are expiring at the same time.
What If You Discover You Assigned the Wrong SOC?
If you mistakenly assigned the wrong SOC to a worker’s role, you must take steps to correct it. This can occur if you select the wrong code or make a typo. Once you discover the mistake, you should apply for a Change of Employment and assign the correct SOC.
It’s important to fix the mistake immediately, as failing to do so could lead to compliance issues. If the Home Office discovers the error before you correct it, it could lead to penalties, including the suspension of your sponsor license.
What Happens if You Don’t Report Changes or Assign the Wrong SOC?
Failing to report a change in the worker’s role, or employing the worker under the wrong SOC, may prompt the Home Office to take compliance action. This could lead to the cancellation (curtailment) of the worker’s visa or the suspension or revocation of your sponsor’s license.
Employers have the right to change a sponsored worker’s role, but they must follow strict rules to report any changes. If the role changes significantly, requiring a new SOC, you must assign a new CoS and submit a Change of Employment visa application before the worker starts the new role.
To avoid compliance issues, it’s essential to carefully manage job role details and promptly report any changes. If you need help navigating these requirements, Law and Visas can assist with sponsor license compliance, reporting changes, and ensuring your visa applications are processed correctly.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the UK for work straightforward and successful. Whether you’re applying for a Business Visa or an Immigrant Investor Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to do business in Ireland. Call us today at +234 812 5505 986 to learn how we can assist you.
