Q&As

What are the implications for a Skilled Worker sponsor if they report a mistake on the salary of a Certificate of Sponsorship years later? Will it lead to a revocation of the sponsor licence if the mistake was only discovered recently?

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Published on LexisPSL on 16/03/2021

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

  • What are the implications for a Skilled Worker sponsor if they report a mistake on the salary of a Certificate of Sponsorship years later? Will it lead to a revocation of the sponsor licence if the mistake was only discovered recently?

What are the implications for a Skilled Worker sponsor if they report a mistake on the salary of a Certificate of Sponsorship years later? Will it lead to a revocation of the sponsor licence if the mistake was only discovered recently?

We have assumed that:

  1. the sponsored worker is not a high earner

  2. the correct figure does not amount to a reduction in salary from what was initially stated on the Certificate of Sponsorship (CoS), and

  3. the initial salary stated on the CoS is at or above the minimum salary threshold/going rate for sponsorship

The implications for a sponsor not reporting a change to the Home Office, or reporting a change outside of the specified timeframes is set out in Practice Note: Skilled Worker and Intra-Company routes: changes of employment.

The relevant excerpt from that Practice Note (under the heading Skilled Worker and Intra-Company routes: changes of employment—What happens if a report or a change of employment application has not been made?) is set out below. Sponsor breach will be relevant from the time that the breach commenced, ie when there was a disparity between the amount stated on the Certificate of Sponsorship (CoS) and the amount actually paid. This explains the references to the resident labour market test in this Practice Note, as the relevant provisions prior to 1 December 2020 were Tier 2 (General) category.

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