Work sponsorship: sponsors

Practice notes

Skilled Worker and Intra-Company routes: changes of employment

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...

Produced in partnership with Tom Brett Young of VWV 21st Jan

Q&As

Are there any restrictions on a Tier 2 sponsor making a loan to a Tier 2 migrant and deducting loan repayments from their salary? Would this have to be reported?

In relation to the first part of this question, under section 13 of the Employment Rights Act 1996 (ERA 1996), an employer cannot make any deductions...

18th Jan

Practice notes

Working remotely outside the UK—considerations for UK employers

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Stephen Ratcliffe of Baker McKenzie and Gill Murdoch 18th Jan

Practice notes

Challenging Tier 2 or 5 sponsor licence decisions by way of judicial review

STOP PRESS: This Practice Note is being updated to reflect changes to the Immigration Rules further to Statement of Changes in Immigration Rules HC...

Produced in partnership with Shahjahan Ali of DAC Beachcroft 16th Jan

Practice notes

Applying for a sponsor licence under Tiers 2 and 5: eligibility and suitability

STOP PRESS: This Practice Note is being updated to reflect changes to the Immigration Rules further to Statement of Changes in Immigration Rules HC...

16th Jan

Practice notes

Applying for a sponsor licence under Tiers 2 and 5: key personnel and representatives

STOP PRESS: This Practice Note is being updated to reflect changes to the Immigration Rules further to Statement of Changes in Immigration Rules HC...

16th Jan

Practice notes

Applying for a sponsor licence under Tiers 2 and 5: showing common ownership and control for Tier 2 (Intra-Company Transfer) applications

STOP PRESS: This Practice Note is being updated to reflect changes to the Immigration Rules further to Statement of Changes in Immigration Rules HC...

16th Jan

Practice notes

Sponsor duties under Tiers 2 and 5 and adapting human resources systems

STOP PRESS: This Practice Note is being updated to reflect changes to the Immigration Rules further to Statement of Changes in Immigration Rules HC...

16th Jan

Practice notes

Sponsor duties under Tiers 2 and 5: preparing for and attending a Home Office visit

STOP PRESS: This Practice Note is being updated to reflect changes to the Immigration Rules further to Statement of Changes in Immigration Rules HC...

16th Jan

Practice notes

The small companies regime

The statutory rules governing the annual accounts and reports of small companies (other than micro-entities) are set out in:•Part 15 of the Companies...

15th Jan

Practice notes

Downgrading and revocation of sponsorship licences under Tiers 2 and 5

STOP PRESS: This Practice Note is being updated to reflect changes to the Immigration Rules further to Statement of Changes in Immigration Rules HC...

Produced in partnership with Shahjahan Ali of DAC Beachcroft 8th Jan

Q&As

Are there any difficulties from the perspective of the Home Office’s Tiers 2 and 5 Sponsor guidance or otherwise with a prospective non-EEA or Croatian employee paying the sponsor licence fee for a Tier 2 (General) licence for an employer who wishes to take them on (and if the applications is successful, the immigration skills charge)?

The basic position is that employers—as the sponsors under Tier 2 and 5—take responsibility for the licensing and sponsorship processes, including...

Produced in partnership with Gary McIndoe of Latitude Law 8th Jan

Q&As

What would be the key issues when applying for a sponsor licence, if the potential sponsor runs their business from home?

This Q&A specifically considers sponsor licence applications under Tiers 2 and 5 and excludes Tier 4 applications.The Home Office Guidance for Tier 2...

Produced in partnership with Jocelyn Howorth of Immigration Joss 8th Jan

Q&As

Can, and if so, in what circumstances, a Tier 2 sponsor ask the Home Office to postpone a compliance visit?

Each Tier 2 sponsor licence holder agrees, as a part of the conditions of holding a licence, that the Home Office can access their premises or sites...

Produced in partnership with Nick Nason of Edgewater Legal 8th Jan

Q&As

If a sponsor is acquired by another company resulting in its direct ownership changing but where no sponsored workers are being transferred to the acquiring company, does this just need to be reported on the Sponsor Management System rather than requiring the sponsor to obtain a new sponsor licence? The acquiring company holds a sponsor licence under the same tier already.

Home Office guidance on mergers, takeovers and similar changes can be found in the Tiers 2 and 5: guidance for sponsors at section 13. Unfortunately,...

Produced in partnership with Joel Reiss of Latitude Law 8th Jan

Practice notes

Tier 2 and 5 licence suspensions, surrender and CoS reductions

STOP PRESS: This Practice Note is being updated to reflect changes to the Immigration Rules further to Statement of Changes in Immigration Rules HC...

Produced in partnership with Shahjahan Ali of DAC Beachcroft 8th Jan

Q&As

What notifications must a Tier 2 (General) sponsor make when ceasing to employ a migrant who is changing employer? At what point must the migrant stop working for the Tier 2 (General) sponsor once the notifications have been made?

The Tiers 2 & 5 sponsor guidance confirms at paragraph 15.6 that where a Tier 2 (General) migrant’s sponsored employment is terminated prior to the...

Produced in partnership with Nicholas Nason of Edgewater Legal 8th Jan

Q&As

Is it possible to apply only for a Tier 2 (Intra-Company Transfer) (ICT) licence or is it necessary to apply for both Tier 2 (General) and (ICT)? If you can only apply under one tier, what considerations are relevant, eg would it improve the application's chance of success (by limiting the scope of the licence)?

When completing the online sponsor licence application form, an organisation may indicate the sub-tier in which it wishes to become a sponsor and may...

Produced in partnership with Gary McIndoe of Latitude Law 8th Jan

Q&As

Can a Tier 2 sponsor reduce a sponsored migrant’s number of weekly hours in order for them to be able to undertake supplementary employment (for another employer)? If so, is the sponsor required to report this change in employment via the sponsor management system?

When a Tier 2 sponsor issues a certificate of sponsorship (CoS) to a sponsored migrant, certain conditions of employment are confirmed when the CoS is...

Produced in partnership with Gary McIndoe of Latitude Law 8th Jan

Practice notes

Checklist—immigration-related requirements on a TUPE transfer

This Checklist gives an overview of the immigration matters that should be considered on a relevant transfer under the Transfer of...

8th Jan

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Most recent Work sponsorship: sponsors content

Skilled Worker and Intra-Company routes: changes of employment

Are there any restrictions on a Tier 2 sponsor making a loan to a Tier 2 migrant and deducting loan repayments from their salary? Would this have to be reported?

Working remotely outside the UK—considerations for UK employers

Challenging Tier 2 or 5 sponsor licence decisions by way of judicial review

Applying for a sponsor licence under Tiers 2 and 5: eligibility and suitability

Applying for a sponsor licence under Tiers 2 and 5: key personnel and representatives

Applying for a sponsor licence under Tiers 2 and 5: showing common ownership and control for Tier 2 (Intra-Company Transfer) applications

Sponsor duties under Tiers 2 and 5 and adapting human resources systems

Sponsor duties under Tiers 2 and 5: preparing for and attending a Home Office visit

The small companies regime

Downgrading and revocation of sponsorship licences under Tiers 2 and 5

What would be the key issues when applying for a sponsor licence, if the potential sponsor runs their business from home?

Can, and if so, in what circumstances, a Tier 2 sponsor ask the Home Office to postpone a compliance visit?

Tier 2 and 5 licence suspensions, surrender and CoS reductions

What notifications must a Tier 2 (General) sponsor make when ceasing to employ a migrant who is changing employer? At what point must the migrant stop working for the Tier 2 (General) sponsor once the notifications have been made?

Can a Tier 2 sponsor reduce a sponsored migrant’s number of weekly hours in order for them to be able to undertake supplementary employment (for another employer)? If so, is the sponsor required to report this change in employment via the sponsor management system?

Checklist—immigration-related requirements on a TUPE transfer

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