Q&As

Can a sponsored worker continue to work if their Certificate of Sponsorship has expired or their sponsor's licence been revoked? (updated 14 June 2021)

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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  • Can a sponsored worker continue to work if their Certificate of Sponsorship has expired or their sponsor's licence been revoked? (updated 14 June 2021)

Can a sponsored worker continue to work if their Certificate of Sponsorship has expired or their sponsor's licence been revoked? (updated 14 June 2021)

This Q&A addresses whether a person who has permission in a Workers or Temporary Workers category can continue to work lawfully in two particular situations. These are:

  1. where they have applied for permission to stay (in the same or another category), or settlement, 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has a sponsor licence but the Home Office has not yet cancelled their permission to stay, eg where the licence has been revoked or surrendered, or following a restructure where the new entity to which they have been transferred does not have and has not applied for a sponsor licence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 Workers and Temporary Workers categories, including Practice Note: Sponsoring an employee under Skilled Worker, a sponsor issues a CoS for each of their sponsored workers. This CoS covers the duration of their intended period of engagement in the UK, and the workers is then granted entry clearance or permission to stay 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

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