We can usually expect to see updated Sponsor Guidance for Tier 2 and Tier 5 sponsors each autumn. This year is no exception. There are also new developments to be aware of in the run up to the publication of the new Points-Based Immigration System.
Sponsor Guidance
The Sponsor Guidance has been updated, but there are no significant changes. The updates reflect changes to Tier 4 (now the Student Route) and provide clarification on how sponsors should indicate that a migrant is eligible for a Health and Care visa.
When the guidance is updated, it is always a good time for sponsors to check that they are compliant with the sponsor duties generally and these include:
- notifying UKVI if there are any relevant changes to the sponsoring entity (for example, change of ownership/shareholding/acquisition, change of address, different key personnel, changes in the size of the sponsor (from small to large company, etc.);
- monitoring the attendance/absences of sponsored workers;
- reporting any changes to the sponsored worker’s employment;
- carrying out right to work checks;
- retaining documents as set out in Appendix D of the Sponsor Guidance;
- complying with the law; and
- cooperating with the Home Office.
Detailed information on all the duties and how to comply with them is contained in the Sponsor Guidance.
If there has been a failure to comply with any of the duties, please contact us and we can advise.
MAC publishes its review of the Shortage Occupation List
Preparations for the UK’s new Points-Based Immigration System are well underway.
The skill level for the Skilled Worker route, which will replace Tier 2 (General), is changing from RQF 6 and above (i.e. roles at a skill level of Bachelor Degree and above) to RQF 3 and above (i.e. A-Level or above).
The Migration Advisory Committee (MAC) has published its report containing recommendations for a new Shortage Occupation List (SOL). Jobs on the SOL are eligible for the lower salary requirements. The report can be found here and the final SOL is to be confirmed by the government. This will be rolled out at the same time as the new system.
MAC to review the ICT route
The Home Secretary has recently commissioned the MAC to review the Intra-Company Transfer (ICT) route and report by the end of October 2021.
The following aspects of the scheme are of particular interest:
- the salary threshold for entry to the ICT route
- what elements, if any, beyond base salary should count towards meeting the salary requirement
- whether, as now, different arrangements should apply to the very highly paid
- what the skills threshold for the route should be
- the conditions of the route, in particular those where it differs from the main Tier 2 (General)/Skilled Worker route
The Home Secretary’s letter to the MAC can be found here.
How we can help
We have a range of services in place to assist sponsors, including compliance reviews, training and general advice.
Please contact us and one of our team will be able to discuss your requirements with you or alternatively please complete our enquiry form below.
