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The UK Home Office has published figures showing a huge increase in work visas over the past year: 248,919 in the year ending September 2022 (82% more than the pre-pandemic year ending December 2019). Paradoxically, even though record numbers of people have been granted right-to-work in the UK over the past year, the number of unfilled job vacancies has never been higher. So despite the announcements of late from various politicians, we expect points-based sponsorships to continue to be crucial for employers recruiting the talent they need.
The latest Home Office transparency data shows that Home Office action against non-compliant sponsors has peaked and returned to normal levels after investigations slowed due to the pandemic. The increase in sponsor license suspensions and revocations since the pandemic underscores the importance of employers staying on top of compliance requirements.
In other news, the Home Office this month published some small but important changes to guidance for organizations with sponsor licenses that are worth keeping on top of.
Reporting changes in sponsored staff start dates
Until now if an employee’s start date was delayed, the sponsor needed to be notified within 10 business days through its sponsorship management system. If there was a delay of more than 28 days, the organization needed to stop sponsoring the migrant (ie the sponsor needed to restart the process if it still wanted the worker to join them).
Sponsors are no longer required to report if the start date is delayed for a period of less than 28 days, which removes the administrative burden for sponsors.
Sponsors can now also hire a worker whose start date is delayed by more than 28 days if they report the change in start date and give reasons.
However, new guidance from the Home Office warns that UK Visas and Immigration (UKVI) can still cancel a worker’s visa if they are not satisfied with the reason given for the delay. The guidance suggests examples of suitable reasons, such as:
- travel interruption due to natural disaster, military conflict or epidemic;
- to work for the duration of the contractual notice;
- require an exit visa for their home country but there are administrative delays in obtaining this; Or
- Illness, bereavement or other unavoidable circumstances.
Properly checking the right to work of sponsored employees
Sponsors must check the right to work for all workers before starting employment, but it is particularly important that they do so where the start date is delayed by more than 28 days.
In such cases, as discussed above, UKVI is still likely to cancel the visa – if they do, the worker will no longer have the right to work so the sponsor is employing them illegally and may be liable for civil penalties. Up to £20,000. However, if right-to-work checks are fully complied with prior to commencement of employment, the organization will have statutory immunity from civil penalties and will not be required to pay them.
Checks the right to work after a change in employment role
The new guidance contains a reminder that before a sponsored worker starts a new role – even if it’s for the same employer – a relevant right to work check should be carried out once their new UKVI application has been approved.
The current right to work check would provide a statutory excuse against civil penalties for the remainder of the original permission to remain in the UK, but with a change in job role, status changes and employers can no longer rely on the former. Check right to work.
Reporting unpaid leave of sponsored employees
Previously, employers were required to withdraw sponsorship if a worker took four or more weeks of unpaid leave in a calendar year. Now, as with the changes for delayed start dates, if sponsors want to keep a worker employed, they need only report the reasons for the unpaid leave.
However, as with a delayed start date, UKVI can still cancel a worker’s permit if they are not satisfied with the reasons.
New exemption from immigration skills charge
The Home Office’s new guidance also details exemptions from immigration skills charges for sponsors licensed in the Global Business Mobility – Senior or Specialist Worker category (formerly known as intra-company transfer). This is still subject to new rules being approved by Parliament, but the plan is to start from 2023 to sponsor senior or specialist workers who are EU citizens (or Latvian non-citizens) and are seconded to the UK from EU businesses. Three years will be exempt from the Immigration Skills Charge – potentially saving sponsors up to £3,000. Please note that this does not apply to EEA or Swiss citizens – this is a rare instance where the rules for EU citizens do not apply in Iceland, Norway, Liechtenstein and Switzerland as well.
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