Learn the detailed process of UK Immigration for Employers sponsored workers, as the UK is amending its immigration rules to accommodate its new international immigration policy post-Brexit. There is always a risk that transferring a sponsored worker can collide with the most up-to-date sponsor licence guidance, resulting in a sponsor licence being revoked, which makes it even more important to follow this comprehensive guide on how to do it properly.

Transferring a sponsored worker if the current employer has a valid sponsor licence. This licence is essential because it enables employers to recruit non-UK residents via the Skilled Worker visa route. A number of important amendments were made to the sponsor licence guidance in September 2023, affecting the way transfers can be made. It is important for employers to understand the changes in order to maintain compliance and ensure a smooth transition for their employees.

What is a Sponsor Licence?

A sponsor licence is an actual permission issued by the UK Home Office to employers, enabling them to employ foreign workers from overseas. Sponsor Licence is a legal requirement as well as a sign that employers are serious about following immigration laws and regulations. Employers have to comply with different obligations to keep hold of their sponsor licence, including reporting changes in employment and ensuring they do not pass sponsorship costs on to workers.

The new sponsor licence guidance re-emphasises the need for strong compliance systems. Some HR processes must be in place to manage sponsored workers effectively, and that is the responsibility of the employers. This includes data on employees' status, jobs, and changes during employment.

Why Would a Sponsored Employee Switch Jobs?

As a sponsored worker, there are many reasons a person may want to transfer to a new employer in the UK. Some common examples of such situations are as follows: better career opportunities, dissatisfaction with the current working life, a change in personal circumstances, etc. The sponsored professionals are experienced, and hiring one can be beneficial for an employer because these workers often bring specialised skills and knowledge.

However, transferring sponsorship is not as easy as switching jobs in one country. This requires considerable admin on the side of the existing employer (who is currently the sponsor licensor) and the future employer (who must obtain sponsorship approval). Furthermore, both parties need to conduct a compliance check to ensure the transfer doesn't contravene any immigration regulations as per sponsor licence guidance.

How to Help a Sponsored Employee Transfer

Evaluate Transfer Eligibility: Prior to the transfer process, it is imperative for both the current employer and the prospective employer to determine if the sponsored worker meets the eligibility requirements to transfer the sponsorship. This means that the new role must be compliant in terms of salary thresholds and job descriptions, as per the Home Office's guidance.

Apply for a New CoS: The new employer must then apply for a Certificate of Sponsorship (CoS) for the worker they wish to employ. This process requires filling out an application and submitting it through the Sponsorship Management System (SMS) along with detailed information on the role/job title and salary. The CoS is important because it is evidence that the new employer is ready to sponsor the worker.

Inform Current Employer: The current employer needs to be notified about the transfer procedure. They must notify the Home Office via their SMS account of changes in employment status. Not doing so can lead to fines or even a sponsor licence being revoked.

Submit Transfer Application: After the new employer has obtained a CoS, they may apply for a Skilled Worker visa for the sponsored employee. The worker will have to submit appropriate evidence that proves their current employment status and information on their CoS.

Wait for Decision: After submitting the visa application, employers and workers need to wait for a decision from UK Visas and Immigration (UKVI). Processing times can also vary according to individual circumstances, so open communication between all parties involved—both the sender and receiver—is a must.

Compliance Obligations

You should always follow the sponsor licence guidance throughout this process. Employers should be aware that it is necessary to follow the processes correctly and keep proper documentation for all transactions and communications regarding the transfer. Conducting regular audits of HR practices will highlight areas of weakness in compliance.

The latest guidance clearly states that employers cannot pass on sponsorship-related costs to employees, including fees for obtaining a CoS or maintaining a sponsor licence. This positive change helps to protect these workers from unnecessary financial burdens while also ensuring that any employer who has sponsored the visa takes full responsibility for fulfilling these obligations.

Likely Consequences for Non-Compliance

Employers can suffer severe consequences for working contrary to sponsor licence guidance. Failure to comply can result in the loss of their sponsor licence, preventing the employer from hiring any foreign worker in the future. Moreover, failure to comply may result in legal consequences, tarnish one's reputation and forfeit potential business prospects.

Employers must also understand their obligations to keep records and report changes in employee status or circumstances. Few training days for HR professionals regarding compliance requirements can turn down risks related to ignoring or not knowing existing directives.

Get professional guidance

It also involves understanding and acting upon current immigration laws that govern the transfer of the sponsored worker to the new employer in the UK. Updates are continually shaping the sponsorship landscape, and being mindful of alterations to sponsor licence guidance is essential for employers and employees alike. If you are dealing with these intricacies, the good news is that you can enlist professional help in determining the right solution for you as you make your way through the transfer. As experts in these processes, A Y & J Solicitors specialises in sponsor licence guidance, and we can work towards ensuring compliance while also making sure transitions for sponsored workers are as smooth as they can be. 

A Y & J Solicitors is a specialist immigration law firm with extensive experience in sponsor licence guidance. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us at +44 20 7404 7933. We’re here to help!