On April 9, 2025, the Home Office updated its Worker and Temporary Worker Sponsor Guidance in addition to changes in the Statement of Changes in Immigration Rules HC 733.
Key changes, beyond those in Immigration Rules HC 733, include:
- Cost Recoupment: The ban on sponsors recovering licence and Certificate of Sponsorship (CoS) fees, previously for Skilled Workers, now applies to all Worker and Temporary Worker routes. This includes Global Business Mobility, Minister of Religion, International Sportsperson, Scale-up, and Seasonal Worker routes for CoS assigned on or after April 9, 2025. Breaching these duties is grounds for normal revocation of the licence (now in Volume 3 of the primary guidance, Annex C2(dd) and (cc)).
- Associated Administrative Costs defined: This now includes premium or priority service fees for licence applications, changes of circumstances requests, or assigning, requesting, or applying for a CoS. It also includes legal advice related to sponsorship, and certain third-party/sponsor-provided immigration advice to workers without genuine choice.
- Licence Refusal or Revocation: There is a new circumstance where a licence can be refused; if a key personnel member was involved in a refused sponsor licence application (any type) in the last six months (subject to usual exceptions). This is also grounds for revocation in Volume 3 of the guidance (Annex C2(i)).
- Pre-Licence Checks: Clarification that not all criteria may be assessed during pre-licence checks.
- Unpaid Leave: Statutory neonatal care leave is now a permissible reason for absences from work without pay or for reduced pay.
- Voluntary Work: Guidance on voluntary work is clarified and extended to more Global Business Mobility routes, with a link to HMRC guidance on the National Minimum Wage Act 1998.
- Role Changes (Skilled Worker): Permitted role changes within the same occupation code now include situations covered by transitional provisions for roles removed from the Immigration Salary List or Shortage Occupation List.
- Change of Employer (Intra-Sponsor): A change of employment application isn't needed when an employee moves to a registered branch of the same sponsoring organisation.
Care Worker Recruitment Requirement (Skilled Worker):
The main change to the ‘Sponsor a Skilled Worker’ guidance is that new detailed guidance has been published in relation to the requirement added in HC 733 for persons applying as care workers and home carers (SOC 2020 occupation code 6135) and senior care workers (SOC 2020 occupation code 6136), where they will be:
- working in locations entirely in England, and are either:
- applying for entry clearance, or
- applying to switch into the route from another route in-country—unless they have already been working for the sponsor in one of those SOC 2020 occupation codes for at least three months in that other immigration route.
New guidance mandates sponsors in England recruiting care workers (SOC 6135/6136) from overseas or switching routes (unless already employed by the sponsor in those roles for 3+ months in another route) to first engage with regional care partnerships to consider displaced workers. Sponsors must explain exceptions on the CoS.
If no suitable displaced worker is found, sponsors must document their efforts (e.g., advertising) and confirm engagement with the regional partnership on the CoS. Providing false information can lead to licence revocation. Related guidance documents are highlighted.
Immigration rules change quickly, and so it is important to stay informed to avoid any revocation of licences. If you have any questions, do not hesitate to contact us.
