Q&As

Can a Tier 2 or 5 sponsored migrant continue to work if their Certificate of Sponsorship has expired or their sponsor's licence been revoked?

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Published on LexisPSL on 30/11/2016

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • Can a Tier 2 or 5 sponsored migrant continue to work if their Certificate of Sponsorship has expired or their sponsor's licence been revoked?

This Q&A addresses whether a person who has leave in a Tier 2 or 5 sponsored work category can continue to work lawfully in two particular situations. These are:

  1. where they have applied for further leave to remain (in the same or another category), or indefinite leave to remain, and the end date of their current Certificate of Sponsorship (CoS) passes while the application is still pending, and

  2. where their previous sponsor no longer has a sponsor licence but the Home Office has not yet curtailed their leave, eg where it has been revoked or surrendered, or following a restructure where the new entity to which they have been transferred does not have and has not applied for a sponsor licence

As explained in various Practice Notes dealing with Tier 2 and 5 subcategories, including Practice Note: Sponsoring an employee under Tier 2 (General), under Part 6A and Appendix A of the Immigration Rules, a sponsor issues a CoS for each of their sponsored migrants. This CoS covers the duration of their intended period of engagement in the UK, and the migrant is then granted entry clearance or leave to remain for that period (plus usually some additional days at the beginning and end of the engagement).

There is nothing in the Immigration Rules or Home Office policy guidance which requires a sponsored migrant to have

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