A sponsor must assign a Certificate of Sponsorship (CoS) to each migrant worker they employ. In this article, we consider circumstances when the sponsor must assign a new CoS to a sponsored worker.
A new CoS will be required if the sponsored worker needs to extend their visa and continue working for their sponsor in the same employment or occupation code, or when a sponsored worker wishes to switch employment and work for another sponsor, in a new job.
There are also instances where a new CoS is required even though the worker is continuing to work for the same sponsor. This will be in circumstances where the worker’s role has changed significantly so that their job falls under a different occupation code to the one indicated on the CoS for their current role.
What information is included on a CoS?
Information included on the CoS comprises of personal details of the worker and their employment details, including:
- Job title
- Job type (occupation code)
- Summary of job description
- Salary and working hours
- Place of work
The employment details on the CoS must reflect the job that the sponsored worker will be, or is, doing for their sponsor. If any of the sponsored worker’s employment details change, their sponsor will need to report the change through the online sponsor management system (SMS), in accordance with their reporting duties.
Update of employment details
When a sponsored worker’s employment details change, the sponsor is required to report those changes on the SMS within ten working days of the change occurring.
Sometimes there are delays in communicating these changes to the Level 1 users, particularly in large organisations, and it may happen that the change occurred more than ten working days ago. In those instances, the report should be made as soon as possible.
Different role in the same occupation code
The employer can continue sponsoring a worker without needing to assign a new CoS to them if they change to a different role within the same occupation code (including where the occupation code has changed as a result of the transition from SOC 2010 to SOC 2020 occupation codes), providing all of the following conditions are met:
- the sponsor assigned the CoS which led to the worker’s last grant of permission;
- the new role is within the same occupation code that was on the CoS which led to the worker’s last grant of permission (or, if the worker was sponsored in a SOC 2010 occupation code, the new role is in an equivalent SOC 2020 occupation code);
- the new role is eligible to be sponsored on the relevant route – for example, if the worker is sponsored on the Skilled Worker, Global Business Mobility, Scale-up or Government Authorised Exchange routes, the role must meet the skill-level requirement for the relevant route;
- if the worker is being sponsored on the Skilled Worker, Scale-up or Global Business Mobility routes, the new role must meet any relevant salary requirements of the route;
- if the worker is being sponsored on the Skilled Worker route, and they were awarded points on the basis of a job in Appendix Immigration Salary List (or the former Appendix Shortage Occupation List), the new role must also be listed in Appendix Immigration Salary List.
When is a new CoS required?
Unless an exception applies, a worker must be assigned a new CoS and make a new application for entry clearance or permission to stay, even if their existing visa is not due to expire for some time, if any of the following is true:
- the sponsor wishes to sponsor the worker to do a job in a different occupation code (except where the change of occupation code is as a result of the transition from SOC 2010 occupation codes to SOC 2020 occupation codes);
- the worker was previously sponsored in a job listed in Appendix Immigration Salary List (or the former Appendix Shortage Occupation List or Appendix K) and is now moving to job that is not listed in Appendix Immigration Salary List; or
- the worker wishes to work for a different sponsor or employer and none of the exceptions apply.
Following the assigning of the new CoS, the worker will need to apply for a new visa, and this is known as a ‘change of employment’ application. The application must be approved by the Home Office, and the sponsor must carry out relevant right to work checks, before the worker can start work in their new job. This applies in all cases, even if the new job is with the same sponsor.
Provided the worker submits a new application before their current permission expires, they can continue working in the same job and for the same sponsor as in their last grant of permission until the change of employment application is granted, or, where their visa conditions permit it, while working out a contractual notice period.
What are the exceptions – when is a change of employment application not required?
A worker will not be required to make a change of employment application if any of the following exceptions apply:
- there is a change of sponsor, but the worker will continue working for the same employer in the same occupation code;
- there is a change of employer or sponsor, but the change is covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE arrangements’) or similar protection, provided the worker will continue working in the same occupation code assigned by their previous employer or sponsor;
- the worker is sponsored on a graduate training programme covering multiple roles within the organisation and they change occupation during the programme or at the end of the programme when they are appointed permanently;
- the worker is an International Sportsperson, is being sponsored by a sports club, and is moving to another sports club on loan, where the sports’ governing body permits this;
- the worker is being sponsored on the Government Authorised Exchange route or the Seasonal Worker route, the change of employment is authorised by the sponsor and is otherwise permitted on that route; or
- the worker is being sponsored in a SOC 2010 occupation code and the change of occupation code is a result of the transition to SOC 2020 occupation codes.
In all of the above cases (except where the change is only as a result of the transition from SOC 2010 to SOC 2020 occupation codes and the worker is staying in the same role), the sponsor must report the change of details via the SMS, in accordance with their reporting duties.
How our Immigration Solicitors can help
If your organisation requires legal assistance in relation to obtaining or maintaining a sponsor licence, a change of circumstances, resolving any existing compliance action, or assistance with Skilled Worker applications, we would be more than happy to assist you.
To speak with one of our immigration solicitors, please contact us or complete our enquiry form below.
