Q&As

Where an employer intends to sponsor a new hire overseas under the skilled worker route, are there any workarounds in a situation where the new hire has a lengthy notice period (eg more than three months) with their existing employer and does not wish to resign before their visa is granted?

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Last updated on 02/02/2021

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

  • Where an employer intends to sponsor a new hire overseas under the skilled worker route, are there any workarounds in a situation where the new hire has a lengthy notice period (eg more than three months) with their existing employer and does not wish to resign before their visa is granted?

Where an employer intends to sponsor a new hire overseas under the skilled worker route, are there any workarounds in a situation where the new hire has a lengthy notice period (eg more than three months) with their existing employer and does not wish to resign before their visa is granted?

For the purposes of this response, the sponsor will need to have a skilled worker licence to sponsor an employee.

When assigning a defined Certificate of Sponsorship (CoS) to a worker, the sponsor must confirm the proposed start date of employment and the end date for sponsorship. However, anxious to have some certainty that relocation can go ahead, it is not uncommon for a proposed worker to want to wait until the visa is granted before handing in their notice.

The following rules'>Immigration Rules are relevant to this situation:

  1. the CoS must be assigned no more than three months before application

  2. there can be no more than three months between the visa application date and the start date on the CoS. While the sponsor can push back the start date on the CoS after it has been assigned and prior to the grant of the visa per para S3.6 of Part 2 of the Workers and Temporary Workers: guidance for sponsors,

Related documents:
Key definition:
Certificate of Sponsorship definition
What does Certificate of Sponsorship mean?

A unique electronic reference number that is assigned to each non-EEA migrant worker. The Certificate of Sponsorship (CoS) contains both personal information about the migrant and information about the role. The CoS is used to support an application under Tiers 2 or 5 of the Points-Based System.

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