The Home Office has updated the guidance it issues for organisations sponsoring individuals under Tiers 2 and 5 of the Points Based System.
The main feature of the latest version is that it paves the way for the new January 2021 immigration system. The guidance makes it clear that organisations that do not currently have a need to sponsor migrants, but who may need to do so once the new system is in place – when many EU/EEA nationals will need to be sponsored – can apply now for a licence. Information is provided on how to assign CoS for roles at RQF Level 3 and above.
The guidance also reiterates that sponsors must report changes to the type of company they are (for example, if they become a charitable entity) and changes to their size. UKVI can initiate enforcement action if a sponsor fails to report such changes.
The updated version can be found here.
Appendix D has also been updated to confirm that the statement of employment/particulars of contract must include the hours the migrant will work (in addition to the other requirements).
We would urge anyone involved in sponsor compliance to take a moment and review the new guidance to ensure that the organisation is compliant with all the sponsor duties and has appropriate documentation for all sponsored workers. The Home Office continues to investigate breaches and, in some cases, suspend and revoke sponsor licences.
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