Covid Confusion: Sponsorship Licenses and Skilled Worker Visas

In the midst of the Covid-19 pandemic, the UK government decided to introduce the replacement to the Tier 2 visa program in the form of the Skilled Worker visa, which has caused confusion for employers and employees alike. Our Immigration Team has been consulted by numerous clients to alleviate this confusion. This article highlights some of those concerns and provides answers to common problems.

Will it be months before your employee can start their new job?

A far too common concern among employers is that they would first have to apply for a sponsorship licence from the Home Office and only then would their employee be able to apply for a Skilled Worker visa to join their operations in the UK. We understand that employers have urgent business needs, therefore cannot afford to wait months for a new employee to start. Our Immigration team has streamlined the application process so that we run both, the sponsorship license and the skilled worker visa, applications simultaneously.

By the time your sponsorship license arrives, all that needs to be done for the skilled worker visa application is to enter the certificate of sponsorship number, ensuring in 100% cases we are instructed on, it is sent out the same day. In our experience, it is best to instruct the same solicitors to handle both applications as this results in massive savings in terms of time and headache, which translate into money. Our team has accumulated a vast amount of experience in both applications and will manage the entire process so that you can focus on what matters most: your business.

 To fly or not to fly?

During the pandemic, employees have notices that they are issued a vignette in their passport which is valid for 90 days instead of the usual 30 days. This leads to confusion as to whether it is essential for them to fly out as soon as they get their passport back or if their employer is flexible, they can start anytime before the 90 days are up.

Home Office guidance strictly states that it is essential for the employee to start their new job within 28 days of the latest of the start date recorded on the certificate of sponsorship and any subsequent amendment, the date that entry clearance (visa) becomes valid or the date the employee is granted permission to enter or stay in the UK. It is therefore sensible to fly out as soon as you have your visa and, in any event, before 28 days have lapsed.

Employers are under an obligation to cease sponsoring a worker and inform the Home Office is an employee has not started working within 28 days of the latest, as above. By failing to do so, you may be risking losing your sponsorship license. Our solicitors handle the entire process from start to finish and communicate with both parties to alleviate any concerns so that you can avoid such costly and frequently, irreversible risks.

But I am still working out my previous notice.

One notable exception to the above is when the employee is contractually required to work out a notice period with a previous employer. The employer is still under an obligation to notify the Home Office of this change in start date via their SMS account. It is best to factor this in when writing a start date on the certificate of sponsorship. In doing so it must be borne in mind that the employee cannot apply for permission to enter (visa) more than 3 months before the start date mentioned on the certificate of sponsorship.

I’ve made a mistake on the certificate of sponsorship

Fret not. You can use the sponsor note field to amend, update or clarify information such as work start or end dates, salary details, or working hours. A misspelt name or date of birth can also be corrected, but if you make more than one error in the worker’s personal details, it is best to assign a new certificate of sponsorship. Personal details for this purpose are the employee’s date of birth, surname and nationality.

If you have entered the wrong occupation code or assigned the certificate of sponsorship on the wrong route or in the wrong subcategory, you must cancel it and issue a new one. Failing to do so would mean risking your application being rejected.

Successful Sponsorship License and Skilled Worker visa applications

The key ingredient to success if having the right support. Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. They are in it with you, from start to finish and will manage the entire process on your behalf.

We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of the merit of your application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA and LEXLAW are just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is integral to success. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and develop a timely strategy for your successful application.

Contact our London immigration solicitors on 02030110276 or complete our contact form.

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