Changes to Guidance to Sponsors on Applying for Defined Certificates of Sponsorship
The Home Office has issued new guidance to sponsor licence holders on applying for a defined certificate of sponsorship. The revised guidance is of relevance to all UK businesses with a sponsor licence. However, some of the updates are only relevant to the healthcare sector and care homes and nursing homes applying for defined certificates of sponsorship to sponsor carers and senior carers on Health and Care Worker Visas.
In this blog, our Immigration Solicitors look at the updated guidance and what sponsor licence holders and key personnel need to look out for.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
The revised guidance
The revised defined certificate of sponsorship guidance is contained in the Workers and Temporary Workers: sponsor a skilled worker guidance. The latest version of this guidance is dated 11 March 2024.
Changes to defined certificate of sponsorship applications
The major change to defined certificate of sponsorship applications is that your key personnel now need to provide the Home Office with extra information when applying for a defined certificate.
Under the new guidance you now need to say what the Skilled Worker Visa applicant's total weekly working hours will be when applying for the defined certificate. The reason behind this change is to assist the Home Office in confirming that the minimum income requirement for the Skilled Worker Visa will be met.
There is now a field on the certificate of sponsorship to detail the weekly hours of work. In some cases, the exact hours of work may not have been decided at the application for a defined certificate of sponsorship stage. If that is the case, Sponsorship Licence Lawyers say the answer is to state the expected number of hours to be worked per week and to adjust as required when assigning the certificate of sponsorship after triple-checking that the final weekly hours figure will meet the minimum income requirement.
Changes to defined certificates of sponsorship applications for carers and senior carers
If you are sponsoring a carer (standard occupational classification code 6145) or a senior carer (standard occupational classification code 6146) on a Health and Care Worker Visa the new guidance says that when applying for a defined certificate of sponsorship or requesting an undefined certificate of sponsorship or assigning a certificate you must include the following information:
- The job or working location/s where the sponsored employee will be working from
- CQC registration confirmation
The guidance says that if your business is not CQC registered then you need to explain the reason for the lack of registration. An example given is that a business is continuing to sponsor a worker in a non-regulated activity and the job meets the transitional provisions.
Different rules apply on registration with a regulatory body if the working location of the job is in Scotland, Wales or Northern Ireland and the business is undertaking regulated or equivalent activities in those areas of the UK. For example, in Scotland, the business must be registered with the Care Inspectorate (Scotland) and in Wales with the Care Inspectorate Wales.
Defined certificates of sponsorship
The updated sponsor licence guidance still talks about 2 types of certificates of sponsorship: defined and undefined.
A defined certificate of sponsorship is required if the job applicant is applying for a Skilled Worker Visa or Health and Care Worker Visa from outside the UK.
Unlike an undefined certificate of sponsorship, you cannot apply for an annual allocation of certificates in anticipation of your overseas recruitment needs.
A defined certificate of sponsorship applications is submitted online using the Home Office sponsor management system. If the Home Office grants the request the certificate of sponsorship is added to your account ready to be allocated to the Skilled Worker Visa applicant or Health and Care Worker Visa applicant so that they can then apply to the Home Office for their Work Visa.
Sponsorship Licence Lawyers warn that defined certificates must normally be allocated to a visa applicant within 3 months of them being issued. If you cannot comply with that timescale for allocation to a visa applicant the Home Office will withdraw the certificate and your business will have to start the defined certificate of sponsorship application process again.
Sponsorship Licence Lawyers say it is surprisingly easy for key personnel to struggle with getting defined certificates of sponsorship. That is because if they are not exclusively dealing with sponsor licence management it is easy to miss key information, such as the working hours or the minimum income requirement.
How can OTS Solicitors Business Immigration Lawyers help your business?
OTS Solicitors specialise in business immigration and employment law and can provide your business with all the expert legal advice it needs to navigate the complexities of recruiting from overseas to secure global talent.
Our Sponsorship Licence Lawyers and Employment Solicitors can help with:
- Pre-sponsor licence application advice
- Sponsor licence applications
- Sponsor licence and right-to-work training
- Sponsor licence management services for a fixed monthly retainer
- Key personnel selection advice and training
- Advice on the certificate of sponsorship allocation
- Employment contract advice
- HR policy advice
- Employment tribunal claims advice and representation
- Sponsor licence problem shooting if the Home Office says your business has not fully complied with its reporting and recording duties
UK Online and London-Based Immigration Solicitors, Sponsorship Licence and Employment Lawyers
For UK employment and immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
Related Posts
Immigration News: the Government Publishes its Statement of Changes in Immigration Rules
Sponsor Licence News: Changes to the Immigration Salary List
OTS Solicitors Celebrates its Inclusion in the 2024 Chambers Guide to the Legal Profession