Businesses who sponsor overseas workers should be aware of the Home Office’s recent changes to the general and skilled worker guidance.
Start dates
The new changes mean greater flexibility and less red tape. It is no longer necessary for a sponsored worker to wait until the date specified on the Certificate of Sponsorship (CoS) to start – instead, they can begin working immediately after receiving permission to enter or remain in the UK.
For those who wish to start after the date specified on the CoS, there is no longer any need to report it to the SMS system if the delay is less than 28 days. It is also permissible to sponsor someone beyond that timeframe if there is an acceptable reason, such as:
- Travel disruption due to a natural disaster, military conflict or pandemic
- The worker is required to work out a contractual notice period for their previous employer – if the worker is in the UK, their conditions of stay must allow them to do this
- The worker requires an exit visa from their home country and there have been administrative delays in processing this
- Illness, bereavement or other compelling family or personal circumstances
This is not a comprehensive list, and each case will be judged on its own merits.
Working hours for a Defined Certificate of Sponsorship
For a defined CoS, the number of hours to be worked each week must be placed in the “Summary of job description” text box. If not yet agreed, the sponsor should simply enter the number of hours normally expected for that role and mention that it is to be confirmed.
Note that failing to provide the above will likely result in a rejection by the Home Office. The Home Office can also request additional information or documents and will consider them within 20 working days of receipt.
Extended absences without pay
It is now possible for an individual who has been absent for work (without pay) for more than 4 weeks to continue in their employment. There must be a compelling and compassionate reason that falls outside the specified exceptions. The four weeks do not need to be consecutive. For skilled workers, that must be within any calendar year.
These absences must be reported through the SMS system. As each case will be considered individually, the Home Office may cancel a worker’s leave if they do not find the reason is acceptable.
Allowances in a salary
For skilled workers, only guaranteed basic gross pay should be included in the CoS. Allowances, pay, or benefits (such as pensions, accommodation, or cost of living allowances) should not be included. However, these can be included for applications to stay or obtain indefinite leave to remain until 1 December 2026, if:
- The worker was previously granted permission as a Tier 2 (General) Migrant and has had continuous permission as a skilled worker or a Tier 2 (General) Migrant ever since;
- The employer sponsored the application which led to the worker’s last grant of permission and is continuing to sponsor the worker; and
- The allowances are guaranteed, will be paid for the duration of the worker’s permission, and would be paid to a local settled worker in similar circumstances
In summary, these changes make it easier for businesses to navigate the complexity of sponsoring an overseas worker. Additionally, the changes show that the Home Office recognises the impact of pandemics, military conflicts and other unpredictable events on potential workers from abroad and offers greater flexibility for all parties.
By Tiffany
18 November 2022