S4.

Pay and conditions for sponsored

workers
Content in this section:

• How much you have to pay your workers

• Compliance with National Minimum Wage and the Working Time Regulations
• Salary information you must include on a CoS
• How you can pay your workers
• Absence from work without pay or on reduced pay
• Salary otherwise reduced

How much you have to pay your workers

S4.1. If you are sponsoring a Skilled Worker, Senior or Specialist Worker, Graduate
Trainee, UK Expansion Worker, Scale-up Worker or Seasonal Worker, you
must ensure the worker’s salary meets or exceeds the relevant salary
thresholds for those routes, as set out in the Immigration Rules and route-
specific guidance. We will refuse any application for entry clearance or
permission, and reject any application for a Skilled Worker Defined CoS (or
reject any sponsorship submission made by a PB1 sponsor), if we are not
satisfied the worker will be paid the appropriate salary.

S4.2. In all cases (even if the Rules or this guidance do not specify a minimum
salary threshold for a particular route), you must ensure the worker will be
paid in accordance with National Minimum Wage legislation and the role will
comply with the Working Time Regulations.

S4.3. There are limited circumstances in which a worker can be paid less than the
relevant salary threshold, or the amount stated on their CoS. You will
normally need to report any salary reductions to us and the worker may need
to make a new application for permission – see:

• Absence from work without pay or on reduced pay

• Salary otherwise reduced

S4.4. We will make regular checks with HMRC (and, where necessary, compliance
checks) to ensure you are paying your sponsored workers the amount you
said you would. Unless an exception applies, if we find you are paying them
less, and the new amount would not be eligible for a grant of permission on
the relevant route, we will cancel the worker’s permission and take
compliance action against you – this could include revoking your licence.

S4.5. For more information on the salary requirements for the route in which you
are sponsoring the worker, refer to the relevant route-specific guidance.

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Compliance with National Minimum Wage and the Working
Time Regulations
S4.6. The role you are sponsoring the worker for must always comply with both the:

• National Minimum Wage Regulations 2015

• Working Time Regulations 1998

S4.7. We will refuse an application for entry clearance or permission, reject an

application for a Skilled Worker Defined CoS, or reject a sponsorship
submission made by a PB1 sponsor, if we have reasonable grounds to
believe the role does not comply with these regulations. We will also normally
revoke your licence if we find you are breaching these regulations.

National Minimum Wage

S4.8. The worker’s pay must always comply with National Minimum Wage
legislation. If you are sponsoring a worker on a route with a minimum salary
threshold (Skilled Worker, Senior or Specialist Worker, Graduate Trainee, UK
Expansion Worker, Scale-up, or Seasonal Worker), and their salary meets or
exceeds the relevant threshold, it is likely to be compliant with National
Minimum Wage. However, National Minimum Wage legislation is complex
and contains provisions not expressly covered by the Immigration Rules or
sponsor guidance. It is your responsibility to ensure you are compliant with
these.

S4.9. If you will not be paying National Minimum Wage to a worker because an
exemption in the legislation applies, you must explain this when you assign a
CoS. You can do this either in the salary details box or by adding a sponsor
note. If you are a PB1 sponsor, you must give this information when you
make a sponsorship submission for the worker.

S4.10. For guidance on National Minimum Wage, how to calculate it, and
exceptions, see:

• The National Minimum Wage and Living Wage

• Minimum wage for different types of work
• Calculating the minimum wage – Department for Business and Trade
guidance
• National Minimum Wage – HMRC technical guidance

Working Time Regulations

S4.11. The Working Time Regulations provide a number of important protections for
workers on things like maximum weekly working hours, holiday entitlement
and rest breaks. You must ensure the role you are sponsoring the worker for
complies with these.

S4.12. For example, a worker aged 18 or over can choose to work more than 48
hours per week but, unless an exception in the Working Time Regulations

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 applies, you cannot force them to do this.

S4.13. For detailed guidance on the Working Time Regulations, see:

• Maximum weekly working hours

• Holiday entitlement
• Rest breaks at work
• Night working hours

Salary information you must include on a CoS

S4.14. When you assign a CoS to a worker, you must give the following information
about the salary package:

• the gross salary figure, which must:

o represent the total amount paid to the worker, gross of any tax paid,
whether paid in the UK or overseas
o if the worker is being sponsored on the Skilled Worker route, not include
any allowances, unless an exception applies – see Sponsor a Skilled
Worker for information
o for routes other than Skilled Worker, include any permitted allowances
and guaranteed bonuses
• a separate figure for the total of all allowances and guaranteed bonuses
(where these are permitted by the route)
• a detailed breakdown of each allowance and each guaranteed bonus
showing their value (where these are permitted by the route)
• if you are sponsoring a Skilled Worker, Senior or Specialist Worker,
Graduate Trainee, UK Expansion Worker, or Scale-up Worker, the PAYE
scheme reference number through which the worker will pay tax and
national insurance – if you are not required to operate PAYE on that
worker’s earnings, you must explain this (you cannot sponsor a Scale-up
Worker who will not be paid through PAYE)

S4.15. The figure you give for the gross salary must not be inflated in expectation of
any tax relief, such as relief on expenditure related to the employment, or tax
incurred by the employment of a settled worker, but not incurred for a
sponsored worker. For example, if the gross salary package is £34,500 per
year, but the sponsored worker will have the same net package after tax as a
settled worker who is paid £40,000 per year before tax, the CoS must show
that the salary package is £34,500, not £40,000.

If you are a PB1 sponsor, see Annex GA1 of Sponsor a Government

Authorised Exchange worker for guidance on how to enter salary information
when making a sponsorship submission via the Sponsor UK service.

Period the salary must cover

S4.16. When you assign a CoS to a worker, or apply for a defined CoS for them, the
gross salary figure you enter can cover any of the following time periods:

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 • hour
• day
• week
• month
• year (this option is not available for Seasonal Workers)
• contract (this option is not available for Skilled Workers or Scale-up
Workers)
• performance (International Sportsperson and Creative Worker only)

If you are a PB1 sponsor, the salary figure you enter in your sponsorship
submission must be either an annual or a monthly figure.

How you can pay your workers

S4.17. Salary may be paid in the UK or from abroad but the salary you enter on a
CoS (or in a sponsorship submission) must always be in pounds sterling.
Where the worker will be paid from abroad in a currency other than pounds
sterling, the salary you enter must be based on the exchange rate for the
relevant currency on the day the CoS is assigned, taken from the rates
published on OANDA. If you are applying for a Defined CoS for a Skilled
Worker, the amount must reflect the exchange rate on the date you applied
for that CoS. You should update this, by adding a ‘sponsor note’, when you
assign the CoS to a worker.

S4.18. All payments to sponsored workers must be made into their own bank
account in the UK or overseas. You must not pay them in cash – if you do,
we are likely to revoke your licence. Pre-paid cards such as FOREX are
acceptable, but you must be able to give evidence that you have made
payments onto the worker’s card. If you pay the worker by cheque, this must
be paid into the worker’s own bank account.

Absence from work without pay or on reduced pay

S4.19. Unless a valid exception reason applies, you must normally stop sponsoring
a worker who is absent from their sponsored work without pay, or is absent
on reduced pay, for more than 4 weeks in total during either:

• if the worker is a Scale-up Worker, the period you have sponsorship

responsibility for that worker
• in all other cases, in any calendar year (1 January to 31 December)

S4.20. This applies whether the worker is absent from work for a single period of
more than 4 weeks, or if they have a number of absences which cumulatively
total more than 4 weeks.

S4.21. The 4 weeks is calculated according to the sponsored worker’s normal

working pattern. For example, if the worker normally works 5 days per week,
this would be 20 working days (5 (days) x 4 (weeks)). If they normally work 3
days per week, this would be 12 working days (3 (days) x 4 (weeks)).

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S4.22. If a worker has been, or will be, absent from work without pay, or on reduced
pay, for more than 4 weeks in total (as defined above), you must either:

• stop sponsoring the worker and report this via your SMS account (or
Sponsor UK account if you are a PB1 sponsor)
• if the period of absence is due to a valid exception reason, or you believe
there are compelling reasons for you to continue sponsoring the worker,
report the period of absence (including reasons, duration and any changes
to salary) via your SMS account (or Sponsor UK account if you are a PB1
sponsor)

S4.23. You must also tell us if a sponsored worker has been absent from work for
more than 10 working days without your permission (‘unauthorised absence’),
whether or not you make any salary reductions for the period of unauthorised
absence.

S4.24. You do not have to report shorter absences without pay, or on reduced pay.
However, you may find doing so will help you monitor whether a sponsored
worker has exceeded, or is likely to exceed, the permitted periods of
absence.

S4.25. For more information on your reporting duties, including time limits for
reporting changes, see section C1 of Part 3: Sponsor duties and compliance.

Valid exception reasons: permissible absences

S4.26. The following are permissible absences. You do not have to stop sponsoring
a worker if they are absent without pay, or on reduced pay, for any of the
reasons listed below (and they would not otherwise have been absent without
pay, or on reduced pay, for more than 4 weeks):

• statutory maternity leave

• statutory paternity leave
• statutory parental leave
• statutory shared parental leave
• statutory adoption leave
• sick leave
• assisting with a national or an international humanitarian or environmental
crisis, provided you agreed to the absence for that purpose
• taking part in legally organised industrial action
• jury service
• attending court as a witness
• statutory neonatal care leave

S4.27. However, you should still report the period of absence via your SMS account
(or Sponsor UK account), as outlined above.

S4.28. If a valid exception reason does not apply but you believe there are
compelling reasons for you to continue sponsoring a worker who has been
absent from work without pay, or on reduced pay, for more than 4 weeks, you

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 must report the absence and reasons via your SMS account (or Sponsor UK
account) for UKVI to consider. You should be aware that UKVI may cancel
the worker’s permission if they are not satisfied there is a satisfactory reason
for continuing to sponsor the worker. If this happens, you must stop
sponsoring the worker.

Salary otherwise reduced

S4.29. You must tell us via your SMS account if a worker’s salary is reduced for a
reason not related to absence after you have assigned a CoS (including after
they have been granted entry clearance or permission). If you are sponsoring
a Skilled Worker or Tier 2 (General) Migrant, you must check if you will need
to assign a new CoS (and if the worker will need to apply for new permission)
before you can reduce their salary. See section SK8 of Sponsor a Skilled
Worker for further information. For guidance on updating salary details if you
are a PB1 sponsor, see Annex GA1 of Sponsor a Government Authorised
Exchange worker.

S4.30. You must stop sponsoring the worker if their revised salary no longer meets
any salary, hourly or going rate requirement for the job or the route on which
they are being sponsored, or the change is otherwise not permitted by the
Immigration Rules or sponsor guidance. You must tell us you have stopped
sponsoring the worker via your SMS account (or Sponsor UK account if you
are a PB1 sponsor).

Salary reductions: exceptions

S4.31. You do not have to stop sponsoring a worker if you reduce their salary and
any of the following exceptions apply (although you must tell us via your SMS
account or Sponsor UK account that you have reduced the worker’s salary):

• the reduction coincides with a temporary reduction in the worker’s hours,

or a phased return to work, for individual health reasons, provided:
o this is supported by an occupational health assessment; and
o the reduction does not result in the hourly rate falling below any hourly
rate requirement which applied when the person obtained their most
recent grant of permission
• the worker is on a GBM route and a temporary reduction in salary
coincides with working for the sponsor group or linked overseas business
while the worker is not physically present in the UK
• the person is a Skilled Worker, GBM worker or Scale-up Worker and, after
the change in salary, would continue to be eligible for points for salary, as
set out in Sponsor a Skilled Worker, Sponsor a Global Business Mobility
worker, or Sponsor a Scale-up Worker
• the person is a Skilled Worker and the reduction in salary has been
authorised as a result of a grant of new entry clearance or permission to
stay
• the worker otherwise continues to meet the salary requirements on the
route on which they are being sponsored

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Contents

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S5. Immigration Skills Charge
This section tells you about the Immigration Skills Charge you may have to pay to
sponsor a Skilled Worker or a Senior or Specialist worker.

Content in this section:

• About the charge

• When you have to pay
• When you don’t have to pay
• Consequences of non-payment
• Refunds and ‘top-up’ charges
• How TUPE or similar protection affects the Immigration Skills Charge

About the charge

S5.1. You may have to pay the Immigration Skills Charge each time you assign a
Certificate of Sponsorship (CoS) to a Skilled Worker or a Senior or Specialist
Worker.

S5.2. The amount you have to pay is specified in the Schedule to the Immigration
Skills Charge Regulations 2017 and depends on:

• the size and type of your organisation on the date you assign the worker’s
CoS
• the length of employment stated on the CoS

S5.3. If you are a small or charitable sponsor, as defined in regulation 2 of the

Immigration Skills Charge Regulations, you will pay the ‘small’ charge:

• £364 for any stated period of employment up to 12 months

• an additional £182 for each subsequent 6-month period stated on the CoS

S5.4. In all other cases, you must pay the ‘large’ charge:

• £1,000 for any stated period of employment up to 12 months

• an additional £500 for each subsequent 6-month period stated on the CoS

S5.5. When you apply for a licence, it is essential that you select the correct size or
type for your organisation, as this will determine not only the licence fee you
will pay, but also the level of Immigration Skills Charge you will pay
throughout the life of your licence, or until you tell us of a change of
circumstances through the sponsorship management system (SMS) and this
has been processed and accepted by UKVI.

S5.6. To comply with your reporting duties, you must tell us as soon as possible –
and in any case within 20 working days – if the size or type of your
organisation changes. This will ensure you pay the correct Immigration Skills
Charge for each CoS you assign. If you fail to inform us within 20 working

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 days, we may take compliance action against you. This could include
downgrading, suspending or revoking your licence. For further information on
reporting changes to your organisation, see section C2 of Part 3: Sponsor
duties and compliance.

S5.7. You must not pass on any of the charge to, or attempt to recoup it from, the
sponsored worker. If we find out that you have done so, we will normally
revoke your licence.

When you have to pay

S5.8. Unless an exception applies, you must pay the charge each time you assign
a CoS to a Skilled Worker or a Senior or Specialist Worker and the worker is
either:

• applying from outside the UK for entry clearance (a visa) to work in the UK
for 6 months or more
• applying from within the UK for permission to stay of any duration,
including for less than 6 months

When you don’t have to pay

S5.9. You do not have to pay the charge if you assign a CoS to any of the
following:

• a worker who is applying for entry clearance from outside the UK for a
period of less than 6 months
• a worker who is being sponsored for any of the following occupations:
o 2111 Chemical scientists
o 2112 Biological scientists
o 2113 Biochemists and biomedical scientists
o 2114 Physical scientists
o 2115 Social and humanities scientists
o 2119 Natural and social science professionals not elsewhere classified
o 2161 Research and development (R&D) managers
o 2162 Other researchers, unspecified discipline
o 2311 Higher education teaching professionals
• a worker you have previously assigned a CoS to (or who has transferred
to you under TUPE or similar protection) where:
o you assign them a new CoS to work for you; and
o the new period of permission they are seeking will not exceed their
current period of permission – if the application would result in a longer
grant of permission, you must pay a charge for the additional period that
would be granted, unless another exemption applies
• a worker who has valid permission for the purpose of study (see below for
an explanation of what we mean by ‘valid permission for the purpose of
study’)
• a worker who had valid permission for the purpose of study when you
previously sponsored them (and you therefore did not have to pay the
charge), and you assign a new CoS to that worker to continue sponsoring

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 them in the same role (see also How TUPE or similar protection affects the
Immigration Skills Charge below)
• a worker who was assigned a CoS under Tier 2 (General) or Tier 2 (ICT)
Long-term Staff before 6 April 2017 and all of the following are true:
o that CoS resulted in a grant of entry clearance or permission to stay
o the worker undertook the role for which that CoS was assigned
o the worker has not since ceased to have permission under Skilled
Worker (or its predecessor route, Tier 2 (General)) or Senior or
Specialist Worker (or its predecessor routes, Intra-Company Transfer,
or the Long-term Staff sub-category of Tier 2 (Intra-Company Transfer))
• a Senior or Specialist Worker who benefits from the ‘EU-UK Trade and
Co-operation Agreement’ exemption – this applies if all of the following
requirements are met:
o you assign the CoS to the worker on or after 1 January 2023
o the worker is a national of an EU country or is a Latvian non-citizen (this
concession does not apply if the worker is a national of Iceland,
Norway, Liechtenstein or Switzerland)
o the worker has been assigned to the UK by a business established in
the EU, and which forms part of the same “sponsor group”, as defined
in Sponsor a Global Business Mobility Worker
o the worker has worked for the sponsor group for at least one year
before the CoS was assigned
o the end date of the assignment, as specified on the CoS, is no more
than 36 months after the start date

S5.10. You do not have to pay the charge for any of the worker’s family members
(dependants) who are not themselves sponsored workers on the Skilled
Worker or Senior or Specialist Worker routes. The charge does not apply to
any other Worker or Temporary Worker route.

‘Valid permission for the purpose of study’

S5.11. This exemption applies if the worker you are assigning a CoS to has current
permission on one of the following routes:

• Student
• Child Student
• Tier 4 (General)
• Tier 4 (Child)
• Short-term Student (English Language)

S5.12. The exemption applies whether or not the worker is in the UK, provided they
have current permission on one of the above routes on the date you assign
the CoS. However, where the person has permission as a Short-term
Student, they must make their application from outside the UK, as they will
not normally be allowed to ‘switch’ to either the Skilled Worker route or the
Senior or Specialist Worker route from within the UK.

S5.13. This exemption does not apply if the worker’s permission:

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 • has already expired by the time you assign the CoS
• is on any route not listed above – for the avoidance of doubt, you will not
be exempt from paying the charge if the worker’s permission is as a
Graduate or as a dependant of someone on one of the study routes listed
above

S5.14. If this exemption applies, you will continue to be exempt if you later assign a
new CoS to the same worker to continue working in the same role. See also
How TUPE or similar protection affects the Immigration Skills Charge below.

Consequences of non-payment
S5.15. Any CoS you have assigned which requires the charge to be paid will
become and remain invalid until the outstanding charge is paid in full. This
means any application for entry clearance or permission to stay made on the
basis of that CoS will be delayed until the charge is paid in full.

S5.16. UKVI will contact you if you have not paid the charge or have not paid the full
amount when you assigned the CoS.

S5.17. The worker’s entry clearance or permission to stay application will be refused
if you fail to pay the full amount within 10 working days of the first formal
reminder to make the payment.

Refunds and ‘top-up’ charges

S5.18. The Secretary of State may refund all or part of the charge. A refund will be
paid to the debit or credit card the charge was paid with, unless you advise
us of different payment arrangements. In some cases, we may need to
request a ‘top-up’ charge (an additional amount from you) if you have not
paid the full amount you owe.

Partial refund
S5.19. A partial refund will be made for all whole unused 6-month periods of
permission after the first year of employment where the worker:

• is granted permission for less than the period requested on the CoS – for
example, if a 5-year visa was applied for, but a 3-year visa is granted, the
difference between the period requested and the period granted will be
refunded (in this example, £2,000 for a large sponsor or £728 for a small
sponsor or charity)
• starts work for one sponsor, but then voluntarily changes to another
sponsor – the first sponsor will be paid the difference between the charge
paid and the charge payable for the length of time the individual has
worked for the first sponsor
• leaves their post early – for example, if they return home due to ill health,
are made redundant or dismissed, fail their probation, or fail to secure a
necessary professional qualification

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Partial refund due to change in size or charitable status
S5.20. A partial refund will also be made if both of the following are true:

• you assign a CoS to a worker and pay the large fee

• before you assigned that CoS, you had notified us that your company had
changed from large to small, or gained charitable status, and we have
verified this information

S5.21. In these circumstances, we will refund the difference between the large fee
and the small fee once we have verified the information you have provided.
We will only issue refunds for CoS issued on or after the date you notified us
of your change in status. It is therefore important you tell us of any change in
status as soon as possible.

Full refund
S5.22. A full refund will be paid where the worker’s application for entry clearance or
permission to stay is:

• refused
• withdrawn; or
• granted but the worker does not travel to the UK or start work for the
sponsor

S5.23. A full refund will also be made if the relevant CoS is not used to make a valid
application for entry clearance or permission to stay.

How soon decisions on refunds are made

S5.24. Decisions on refunds are made within 90 days of the relevant event:

• the date you notified UKVI via the SMS that the worker didn’t come to the
UK to start work or has left the relevant employment early
• the CoS expiry date, if no valid visa application is made by the worker – a
CoS expires if not used within 3 months of the date it was assigned
• the date you notified UKVI that you had withdrawn the CoS
• the deadline date for making an administrative review application, if the
worker’s visa application has been refused and they have not applied for
an administrative review
• the worker’s administrative review being dismissed
• the date you notified us of the change in your organisation’s size or
charitable status

Contact UKVI if your refund hasn’t been paid within 90 days of the relevant
date.

Circumstances in which no refund will be made

S5.25. We will not refund any of the Immigration Skills Charge in the following
circumstances:

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 • the worker changes job but remains working for the same employer
• the worker changes (‘switches’) from the Skilled Worker or Senior or
Specialist Worker route to another immigration route but remains
employed in the same job
• your licence is made ‘dormant’ (for example, following a takeover of your
company)
• your licence is revoked
• the worker’s permission is cancelled (unless the reason for cancellation is
because the worker failed to start the relevant employment or finished the
employment early – a full or partial refund may be paid in these
circumstances)

Top-up charges
S5.26. We will request additional funds (a top-up charge) if both of the following are
true:

• you assign a CoS to a worker and pay the small fee

• before you assigned that CoS, you had notified us that you no longer
qualify as a small or charitable sponsor, and we have verified this
information

S5.27. In these circumstances, we will request a top-up charge (the difference

between the small fee and the large fee) for any CoS you have assigned on
or after the date you notified us of your change in status.

S5.28. We will also request a top-up charge in any case where you do not pay the
full charge (or any charge) for any other reason. See ‘Consequences of non-
payment’ above for what happens if you fail to pay the charge in full.

How TUPE or similar protection affects the Immigration

Skills Charge
S5.29. If a sponsored worker transfers to you under the Transfer of Undertakings
(Protection of Employment) (TUPE) Regulations or similar protection, you do
not have to pay the Immigration Skills Charge if the worker still has valid
permission and is not changing role.

S5.30. You will need to pay the charge if you later assign a CoS to sponsor an
application by that worker for further permission, unless an exemption
applies. You will not have to pay the charge if the previous sponsor was
exempt from paying it and either of the following is true:

• the new CoS will not result in the worker’s permission being longer than
their existing permission
• the previous sponsor was exempt because the worker had valid
permission for the purpose of study when they were originally sponsored
and you are continuing to sponsor that worker in the same role

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S5.31. For further information on TUPE and similar protection, see section C4 of
Part 3: Sponsor duties and compliance.

Contents

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S6. After you have assigned a CoS
Content in this section:

• Using the CoS in an immigration application

• Cancelling or withdrawing a CoS
• Providing immigration advice or immigration services to your sponsored workers
or students

Paragraphs S6.1 to S6.7, and S6.12 to S6.18, do not apply to Government

Authorised Exchange ‘PB1 sponsors’ who have sponsored a worker via the Sponsor
UK service. See Annex GA1 of Sponsor a Government Authorised Exchange worker
for guidance.

Using the CoS in an immigration application

S6.1. Once you have assigned a valid CoS to a worker, and you have paid any
Immigration Skills Charge, if required, they can use it to make an application
for entry clearance, permission to enter or permission to stay.

S6.2. When you assign a CoS, a reference number is generated and you must give
this number to the worker you wish to sponsor. They must then include the
reference number in their application for entry clearance, permission to enter
or permission to stay. When you give the CoS reference number to the
worker, you should treat it as secure and confidential information.

S6.3. You can give the worker a copy of their CoS if they ask for it (although they
do not need it to make an immigration application). There is a function within
your SMS account to print any CoS you have assigned. You can do this by
using the ‘View CoS’ function, where you can open the CoS and choose
‘Print’. The SMS user guide has more information on how to use this function.

S6.4. When a CoS you have assigned has been used to support an application, it
will show in your SMS account as ‘used’. This means it cannot be used again
in another application. The only exception is where the CoS has been
assigned to and used by a worker to enter the UK under the Creative Worker
visa concession. These workers can use the same CoS each time they re-
enter the UK under this concession, provided the CoS is still valid and they
continue to qualify for entry under the concession.

S6.5. If a worker’s application is refused and they wish to re-apply, you must assign
a new CoS to them before they can make a new application.

S6.6. If the worker’s application is rejected or withdrawn (but not refused), the CoS
will still show in your SMS account as ‘assigned’. It can be used again to
support a further application by the same individual, provided it has not
expired (see next paragraph).

S6.7. Once you have assigned a CoS, the worker must use it in an application for

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 entry clearance or permission no later than 3 months after the date you
assigned it. If the worker does not use the CoS within this 3-month period to
make an application, it will expire and will show as ‘expired’ in your SMS
account. If the worker still wishes to make an application, you will need to
assign them a new CoS.

How to make an immigration application

S6.8. Once the worker is ready to make an application for entry clearance or
permission to stay, they must:

• complete the relevant online application form – the relevant forms can be
found in the Work visas section of the GOV.UK website
• pay the application fee – see the UK visa fees page on GOV.UK
• pay the immigration health charge, if required
• prove their identity (and provide any required biometrics) by either:
o attending a biometric appointment at a visa application centre
o if eligible, using the ‘UK Immigration: ID Check’ app
• in some cases, take a tuberculosis test
• provide all relevant documents and information with their application, as
specified in the application form or guidance notes

S6.9. Different arrangements are in place for people eligible to enter the UK without
entry clearance under the Creative Worker visa concession.

S6.10. All applications for entry clearance or permission to stay must now be made
online. As the sponsor, you should be prepared to give the worker any
assistance they need to complete the online application. This could include
allowing them to access a computer on your premises if the person would not
otherwise have access to a computer or the internet, or by offering technical
support to those who do not have the ability or confidence to use online
services on their own.

S6.11. You may also, subject to certain restrictions, provide immigration advice or
immigration services to individuals you are sponsoring.

Cancelling or withdrawing a CoS

S6.12. We can cancel a CoS assigned by you if we find it should not have been
assigned – for example, if it was assigned through misrepresentation or
fraud, or if you have not paid the correct CoS fee in full.

S6.13. You can withdraw a CoS assigned to an individual which has not yet been
used to support an application for entry clearance, permission to enter or
permission to stay. This can be done through your SMS account.

S6.14. A worker can normally only have one CoS assigned to them for use in an
application at any given time. The only exception to this is where the worker
is undertaking ‘consecutive engagements’ with more than one sponsor on the
Creative Worker route.

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S6.15. If you have assigned a CoS to a person who intended to start working for
you, but they then decided to take up a job offer with a different sponsor, they
must contact you to arrange the withdrawal of their CoS. This is because the
sponsor they want to start work with will not be able to assign a CoS to them
until you have withdrawn the one you assigned. They must request this in
writing or by email and give you 5 working days to withdraw the CoS. If you
do not carry out their request, they must send a reminder, after which you will
have a further 5 working days to withdraw it.

S6.16. If you refuse or fail to withdraw the CoS within this time, the individual can
ask us to cancel it. We will not cancel it until we have talked to you about why
you have not withdrawn the CoS as requested by the individual. We may take
compliance action against you if you fail to withdraw a CoS when requested
within the specified time limit.

S6.17. If a CoS is cancelled or withdrawn, we will not refund your CoS fee and we
will refuse any application that is supported by that CoS.

S6.18. If a worker is in the UK with entry clearance or permission, we will cancel or

shorten their permission if we find the CoS which supported their application
was improperly assigned. If this happens, their permission will be cancelled
or shortened in one of the following ways:

• if they were not actively involved in the CoS being improperly assigned,
permission will normally be shortened so they have 60 days’ permission
remaining to give them a chance to find a new sponsor, apply on another
immigration route or make arrangements to leave the UK (we will not
shorten their permission if they already have no more than 60 days’
permission remaining)
• if they were actively involved in the CoS being improperly assigned, their
permission will be cancelled completely so that they have no permission
remaining and will be required to leave the UK immediately.

Providing immigration advice or immigration services to

your sponsored workers or students
S6.19. It is prohibited under section 84(1) of the Immigration and Asylum Act 1999,
and a criminal offence under section 91(1) of that Act, to provide immigration
advice or immigration services if you are not one of the following:

• registered with the Immigration Advice Authority (IAA) (formerly the Office
of the Immigration Services Commissioner (OISC))
• authorised by either a designated professional body or a designated
qualifying regulator
• acting on behalf of and under the supervision of a person who meets
either of the above requirements
• otherwise exempt

S6.20. Licensed sponsors are exempt from the general prohibition, although this will

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 apply only in specified circumstances. As a licensed sponsor, you can
provide immigration advice and immigration services, free of charge, to
individuals you are sponsoring (and, where relevant, their eligible family
members), within the limits set out in the Immigration and Asylum Act 1999
(Part 5 Exemption: Licensed Sponsors) Order 2022 (‘the 2022 Order’).

S6.21. This Order has replaced the Immigration and Asylum Act 1999 (Part V
Exemption: Licensed Sponsors Tiers 2 and 4) Order 2009 from 11 April 2022.
Whereas the exemption created by that Order applied only to Worker and
Student sponsors, the exemption in the 2022 Order applies to all licensed
sponsors, including Temporary Worker sponsors.

S6.22. If you provide immigration advice or services in accordance with the 2022
Order, you must comply with the Code of Standards issued by the IAA.

What you can do

S6.23. Under the 2022 Order, you can only provide immigration advice and
immigration services if they are given:

• free of charge
• in relation to an individual you are sponsoring (‘the main applicant’) or an
‘eligible family member’ of the main applicant
• in connection with a ‘relevant application’

S6.24. In this section, a ‘relevant application’ is an application:

• by the main applicant for entry clearance or permission for the purpose of
work or study in the UK (where you are the main applicant’s sponsor in
relation to that work or study); or
• by a family member of the main applicant for entry clearance or permission
as their ‘eligible family member’

S6.25. This includes an application the individual is proposing to make, has made
and is awaiting a decision on, or which has already been determined.

S6.26. Advice and services you can provide in connection with a relevant application
include:

• advising the individual how to make an application and of the immigration

requirements for the route on which they’re applying
• making enquiries with the Home Office on behalf of the individual about
the progress of the application
• advising the individual of the length of permission they have been granted
and the conditions attached to it
• assisting the individual in an administrative review application if their
application for entry clearance or permission has been refused, or their
permission has been cancelled –however, the exemption does not extend
to the provision of immigration advice or immigration services in relation to
an appeal or judicial review proceedings

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S6.27. You can only provide immigration advice and immigration services to the
main applicant (and, where relevant, their eligible family members) during the
period for which you have sponsorship responsibility for the main applicant –
see paragraph C1.8 of Part 3: Sponsor duties and compliance for a definition
of when this period begins and ends.

S6.28. If you are sponsoring a person with permission as a Scale-up Worker, you
will only sponsor them for the first 6 months of their permission – you cannot
provide immigration advice or immigration services to the worker (or their
family members) after this period, unless you are otherwise authorised or
exempt. The 6-month period is calculated from the date the worker’s entry
clearance as a Scale-up Worker becomes effective (the ‘valid from’ date on
their visa) or the date they are notified of a grant of permission to stay as a
Scale-up Worker.

Immigration advice or services provided to eligible family

members
S6.29. You can provide immigration advice and immigration services in relation to an
individual other than the person you are sponsoring (the main applicant) in
connection with their application for entry clearance or permission but only if
you reasonably believe both of the following:

• the application will be, or was, made as an eligible family member of the
main applicant
• the outcome of that application is, or was, dependent on the outcome of
the main applicant’s application

S6.30. This includes where the individual is applying, or has applied, as an eligible
family member at the same time as the main applicant, or after the main
applicant has already been granted permission.

S6.31. The 2022 Order also covers the situation where the individual has existing
permission as an eligible family member, and the main applicant
subsequently applies to vary their permission (for example, to work for
another sponsor, or to do a different job or course of study). In such
situations, the eligible family member may not necessarily need to apply to
vary their own permission in line with the main applicant (for example, if they
already have sufficient existing permission) but they may need advice on (for
example) their conditions of stay or whether they need to make a further
application.

S6.32. In all cases, to be eligible to provide immigration advice or services, you must
be the sponsor of the main applicant. Where the main applicant has more
than one sponsor (for example, if they’re doing secondary employment), each
sponsor can provide immigration advice and services to both the main
applicant and their eligible family members, if the requirements in this section
are met.

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Meaning of ‘eligible family member’
S6.33. For routes other than Child Student and Seasonal Worker, eligible family
members are the main applicant’s:

• partner (spouse, civil partner or unmarried partner)

• dependent children aged under 18
• dependent children aged 18 or over if they have previously been granted
permission as a dependent child of the main applicant or of their partner

S6.34. A Child Student can be accompanied or joined by one parent (on the Parent
of a Child Student route) if the child is aged between 4 and 11 and is
attending an independent fee-paying school. The Seasonal Worker route
does not permit any family members.

S6.35. The exemption in the 2022 Order does not cover immigration advice or
services provided to family members other than those listed above.

What you cannot do

S6.36. You must not provide immigration advice or immigration services if they are
not covered by the 2022 Order. For example, you are not permitted to:

• charge any fee to the main applicant (or their eligible family members) for
providing immigration advice or services to them
• provide immigration advice or services if this is not in connection with a
relevant application – for example, you cannot provide advice in
connection with an application for settlement, an appeal, a judicial review
or other litigation, or on wider immigration issues
• provide immigration advice or services to individuals you are not currently
sponsoring (other than their eligible family members) – this applies even if
you have previously sponsored them

S6.37. If you wish to undertake any of the above activities (or provide any other
immigration advice or services not covered by the 2022 Order), you must
register with the IAA, or be otherwise qualified or exempt. If you are unsure
whether you can provide such advice or services, you should contact the IAA
for assistance.

Contents

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S7. Immigration requirements
This section tells you about the main immigration requirements a Worker or
Temporary Worker must meet to qualify for entry clearance or permission.

It is not a complete statement of the requirements and you must refer to the relevant
Immigration Rules and route-specific guidance for further details.

Content in this section:

• Relevant Immigration Rules

• Applying from outside the UK: entry clearance
• Applying from inside the UK: permission to stay
• Former government-sponsored students
• Genuineness requirement
• Financial requirement
• Academic Technology Approval Scheme (ATAS) requirement
• English language requirement
• Age requirement
• Decision on application: proof of immigration status
• Leaving and returning to the UK
• Further information on immigration requirements

Relevant Immigration Rules

S7.1. You must be satisfied that any workers you wish to sponsor can meet the
relevant Immigration Rules. The fact that you have assigned a valid
Certificate of Sponsorship (CoS) does not guarantee they will be granted
entry clearance or permission – UKVI will make the final decision on this.

S7.2. The relevant requirements are contained in the following parts of the
Immigration Rules:

• Appendix Skilled Worker

• Appendix Global Business Mobility – Senior or Specialist Worker
• Appendix Global Business Mobility – Graduate Trainee
• Appendix Global Business Mobility – UK Expansion Worker
• Appendix Global Business Mobility – Service Supplier
• Appendix Global Business Mobility – Secondment Worker
• Appendix Skilled Occupations
• Appendix Immigration Salary List
• Appendix T2 Minister of Religion
• Appendix Scale-up
• Appendix International Sportsperson
• Appendix Sports Governing Bodies
• Appendix Temporary Work – Seasonal Worker
• Appendix Temporary Work – Creative Worker
• Appendix Creative Worker Codes of Practice

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 • Appendix Temporary Work – Religious Worker
• Appendix Temporary Work – Charity Worker
• Appendix Temporary Work – International Agreement
• Appendix Temporary Work – Government Authorised Exchange
• Appendix Government Authorised Exchange schemes

S7.3. Even if the worker meets all of the relevant Rules and you have met all of
your sponsorship duties, the worker can still be refused permission to enter
or stay in the UK, or have their permission cancelled, under the grounds for
refusal in Part 9 of the Immigration Rules. This could be, for example, if the
worker has used deception in their application, has previously breached their
conditions of stay, or has a criminal record.

Applying from outside the UK: entry clearance

S7.4. If the worker you wish to sponsor is outside the UK, they must obtain entry
clearance (a visa) on the relevant route before they come to the UK. The only
exception to this is where the worker is eligible to enter the UK under the
Creative Worker visa concession. See section CRW6 of Sponsor a Creative
Worker for information on this concession.

S7.5. If a worker tries to enter the UK without the required entry clearance, they will
be refused entry, even if they meet all of the other requirements of the Rules.

S7.6. Some applicants applying for entry clearance may need to undergo a test for
pulmonary tuberculosis in order to get their visa – for further information, see
Tuberculosis test for visa applicants on GOV.UK.

Applying from inside the UK: permission to stay

S7.7. If the worker you wish to sponsor is already in the UK, they must apply for
‘permission to stay’ (also known as ‘leave to remain’). This could be to:

• extend their existing Worker or Temporary Worker permission, either to

continue working in the same job or to change employment – see
Extensions, change of employment and settlement
• ‘switch’ from a different immigration route where the Rules allow this

S7.8. Applicants applying from within the UK must not be either:

• in the UK without permission (subject to limited exceptions in paragraph

39E of the Immigration Rules)
• on immigration bail

Switching immigration route while in the UK

S7.9. Switching is the term we use when a person who is already legally in the UK
changes from one immigration route to another, where the Rules allow this.

S7.10. People can switch to, or between, the Worker, Global Business Mobility or

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 Scale-up routes, provided they:

• were not last granted permission:

o as a Visitor (there is a limited exception to this for some people on the
International Sportsperson route – see section SPT3 of Sponsor an
International Sportsperson for details)
o as a Student, unless they meet the additional rules for people switching
from the Student route (as set out below)
o as a Short-term Student
o as a Parent of a Child Student
o as a Seasonal Worker
o as a Domestic Worker in a Private Household; or
o outside the Immigration Rules; and
• meet all of the requirements of the route they are applying to switch to

S7.11. Switching to, or between, the Temporary Worker routes (other than the
Global Business Mobility routes or the Scale-up route) is not generally
permitted. There is an exception which allows some students to switch to the
Government Authorised Exchange route (see section GA4 of Sponsor a
Government Authorised Exchange worker).

S7.12. If you want to sponsor a person who is already in the UK on another

immigration route, you should check that their current immigration status
allows them to switch. This is important because if the individual is in the UK
on a route that does not allow them to switch, we will normally reject their
application. If they are not in the UK on a route that allows them to switch,
they must leave the UK and apply for entry clearance.

Switching from the Student route

S7.13. If the person you wish to sponsor will be applying for permission to stay on
the Worker, Global Business Mobility or Scale-up routes, and they have, or
last had, permission as a Student (including as a Tier 4 (General) Migrant),
they must meet one of the conditions below on the date they make their
application to be allowed to switch:

• they must have completed the course of study for which they were being
sponsored as a Student
• they must be studying a full-time course of study at degree level or above
with a higher education provider which has a track record of compliance,
and the start date on their CoS must be no earlier than the course
completion date
• they must be studying a full-time course of study leading to the award of a
PhD with a higher education provider which has a track record of
compliance, and the start date on their CoS must be no earlier than 24
months after the start date of their PhD

S7.14. A ‘higher education provider with a track record of compliance’ will be shown
on the Register of student sponsors with the type ‘Higher Education
Institution (HEI)’ and with the status ‘Student Sponsor – Track Record’.

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S7.15. If you wish to sponsor a worker who has, or last had, permission as a
Student, you must carefully check they can meet one of the above conditions
before you assign a CoS to them. If they do not meet one of these conditions,
they will not be permitted to switch.

Permission to work while a switching application is pending

S7.16. A person who has made an application to switch to a sponsored work route
must not start working for you until their application has been granted, unless,
on the date of application, they already have a type of immigration permission
which allows them to do the work in question (for example, if they have
permission as a dependant of a Skilled Worker and a right to work check
confirms they are not prohibited from doing the work in question).

S7.17. Where a person is allowed to work in these circumstances, you must stop
sponsoring them if their application to switch is eventually refused (and any
administrative review is finally dismissed), and must not continue to otherwise
employ them, unless (despite the refusal) they still have a valid immigration
permission that allows them to do the work in question.

S7.18. A Student who meets the second bullet point in paragraph S7.13 above, and
has made a valid application as a Skilled Worker, may be allowed to start
working for you immediately if they meet certain conditions – see section SK3
of Sponsor a Skilled Worker for further information.

Former government-sponsored students

S7.19. If you wish to sponsor a worker on any of the Worker, Scale-up, Global
Business Mobility, or Government Authorised Exchange routes, and they are
currently being financially sponsored for the purpose of study by a
government or international scholarship agency, or were so sponsored during
the 12 months immediately before their application, they must obtain the
written consent of that sponsor before applying for entry clearance or
permission to stay. If they do not provide this consent, we will refuse their
application.

Genuineness requirement
S7.20. A sponsored worker must:

• genuinely intend, and be able, to do the role for which they are being
sponsored; and
• not intend to undertake employment other than in the role for which they
are being sponsored, or as otherwise permitted by their conditions of stay

Financial requirement
S7.21. Sponsored workers are not permitted to claim public funds (benefits and
other assistance from the state). We must therefore be satisfied that any
worker you sponsor has enough money to support themselves, and any

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 family members (dependants) in the UK, until they start to receive an income.
This is known as the ‘financial requirement’ (or ‘maintenance requirement’).

S7.22. An applicant on the Worker and Temporary Worker routes must meet the
financial requirement if they are applying for:

• entry clearance
• permission to enter on the Creative Worker route, or
• permission to stay, if they have been in the UK for less than one year at
the date of application

S7.23. In most cases, you can ‘certify’ this requirement is met by ticking the relevant
‘maintenance’ box on the worker’s CoS. This is known as ‘certifying
maintenance’. You cannot certify maintenance on the UK Expansion Worker
route. For other routes, you are able to do so provided your licence is rated
A, A (Premium) or A (SME+). If you certify maintenance, the applicant does
not have to provide any further evidence of their finances.

S7.24. By ticking the box on the CoS, you agree to certify maintenance for both the
worker and (if relevant) any dependants of the worker. If you do not wish to
certify maintenance for dependants, you must add a ‘Sponsor note’
confirming this after you have assigned the CoS.

If you are a Government Authorised Exchange PB1 sponsor, you can confirm
whether or not you are certifying maintenance for the worker (and their
dependants if relevant) when you complete your sponsorship submission for
that worker.

S7.25. If you certify a worker’s maintenance, you confirm that you will, if necessary,
maintain and accommodate the worker up to the end of their first month of
employment in the UK. You may limit the amount of the undertaking, but any
limit must be no less than £1270.

S7.26. If you certify maintenance for dependants, you confirm that you will maintain
and accommodate them for the first month of any permission that is granted
to them. You may limit the amount, but it must be at least:

• £285 for a dependent partner

• £315 for the first dependent child
• £200 each for any other dependent child

S7.27. If you certify maintenance, you must make sure the individuals are aware
they must not claim public funds. If they claim public funds with your
knowledge, we may take enforcement action against them and compliance
action against you. See Part 3: Sponsor duties and compliance for further
information on this.

S7.28. If you do not wish to certify maintenance for either the worker or their
dependants, they must provide evidence they have the necessary level of
funds with their application for entry clearance, permission to enter or

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 permission to stay. Acceptable evidence is set out in Appendix Finance to the
Immigration Rules. For guidance, see the ‘Financial evidence for sponsored
or endorsed work routes’ page on GOV.UK

S7.29. Applicants will automatically meet the financial requirement if, at the date of
application, they have been in the UK with permission for 12 months or
longer. This means you do not have to certify maintenance for such
applicants, and they do not need to provide evidence of their finances with
their application.

ATAS requirement
S7.30. If you assign a CoS on any of the routes listed below, you will need to check
and confirm on the CoS whether the worker needs an Academic Technology
Approval Scheme (ATAS) certificate:

• Skilled Worker
• the Global Business Mobility routes
• Government Authorised Exchange
• International Agreement
• Scale-up

S7.31. ATAS is a scheme administered by the Foreign, Commonwealth and

Development Office (FCDO). Its purpose is to prevent the transfer of
information, knowledge or technology which could develop, advance or
support an Advanced Conventional Military Technology (ACMT) and
Weapons of Mass Destruction (WMD) programme or their means of delivery.

S7.32. Overseas nationals who wish to undertake study or research at postgraduate

level or above in certain sensitive subject areas must apply for an ATAS
certificate before they can start their study or research in the UK. It is your
responsibility to check whether the person needs an ATAS certificate and, if
so, to ensure they apply for one. The person’s application is likely to be
refused, and you may lose your sponsor licence (or licences), if you do not
meet these responsibilities.

Who needs an ATAS certificate?

S7.33. A worker will need an ATAS certificate if all of the following are true:

• you are also licensed as a Student sponsor

• the worker is not an exempt national
• you are sponsoring the worker on any of the following routes:
o Skilled Worker
o any of the Global Business Mobility routes
o Government Authorised Exchange
o International Agreement
o Scale-up
• the role in which you are sponsoring the worker is in a relevant occupation
code

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 • the role includes an element of research at PhD level or above in a
relevant subject area

S7.34. If all of the above are true, the worker must apply for an ATAS certificate
before they start their research and include a copy with their application for
entry clearance or permission to stay. An ATAS certificate is valid for 6
months once issued – if it has not been used in an application for entry
clearance or permission to stay within this period, the worker will need to
apply for a new one.

S7.35. If any of the above bullet points are not true, the worker does not need an
ATAS certificate.

S7.36. For a list of relevant occupation codes, relevant subject areas and exempt
nationals, see Annex S1 of this document.

Action for you as the sponsor

S7.37. When you assign a CoS on any of the routes listed above, you must confirm
(by answering ‘yes’ or ‘no’ to the relevant question) whether the worker needs
an ATAS certificate.

If you are a PB1 sponsor making a sponsorship submission for a

Government Authorised Exchange worker via the Sponsor UK service, you
will only be asked to confirm if the worker needs an ATAS certificate if the
worker is being sponsored in a relevant occupation code and is not an
exempt national. If the worker is doing research at PhD level or above in a
relevant subject area, you will need to find out the Common Aggregation
Hierarchy (CAH) code for their research area.

S7.38. You must make these checks each time you assign a CoS to a worker on
these routes. This includes for extension of permission applications, even if
the worker did not require an ATAS certificate when they were last granted
permission.

S7.39. You must take care to give accurate information. If you say a worker does not
need an ATAS certificate when they do, we will consider revoking your
sponsor licence (or licences).

If the worker needs an ATAS certificate

S7.40. If the worker needs an ATAS certificate, you should advise them to apply for
one as soon as possible, if they have not already done so. The worker will
need to include a copy of their certificate with their application for entry
clearance or permission to stay. You must also keep a copy of either their
ATAS certificate, or the electronic approval notice the worker received from
the FCDO, as part of your record-keeping duties (see Appendix D to the
sponsor guidance).

S7.41. You and the worker should bear in mind that it can take at least 2 weeks (3
weeks if applying between April and September) to process an application for

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 an ATAS certificate. You should therefore encourage the worker to apply in
plenty of time to ensure their immigration application is not delayed or
refused.

S7.42. If a worker who requires an ATAS certificate does not obtain one and include
a copy with their application for entry clearance or permission to stay, we will
refuse their application. We will also consider revoking your sponsor licence
(or licences). You must not continue to sponsor a worker who is subject to
the ATAS requirement if they either refuse to apply for an ATAS certificate or
the FCDO refuses their application.

If the worker does not need an ATAS certificate

S7.43. If you state that the worker does not need an ATAS certificate, you must
provide additional information on the CoS if all of the following are true:

• you are also licensed as a Student sponsor

• the worker is not an exempt national
• the role in which you are sponsoring the worker is in a relevant occupation
code

S7.44. You must give a brief explanation of why the worker does not need an ATAS
certificate – for example, that the role does not involve any research at PhD
level or above in a relevant subject area. You can include this information in
either the job description field or by adding a sponsor note after you have
assigned the CoS. (You will not need to provide an explanation if you are a
PB1 sponsor making a sponsorship submission via the Sponsor UK service,
due to the way the sponsorship submission form is structured.)

S7.45. If any of the above bullet points are not true, you do not have to provide this
additional information.

Further information
S7.46. For more information on ATAS, including how to apply for a certificate, see
the ‘Academic Technology Approval Scheme’ page on GOV.UK.

S7.47. For additional information on your sponsor duties in relation to the ATAS
requirement, see ‘Complying with our immigration laws’ in section C1 of Part
3: Sponsor a worker.

English language requirement

S7.48. A worker will need to prove they have English language skills to the required
level if they are applying on any of the following routes:

• Skilled Worker
• T2 Minister of Religion
• International Sportsperson, if applying for entry clearance or permission to
stay for longer than 12 months
• Scale-up

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S7.49. The level required depends on the route. For further information, see the
relevant guidance for work visa applicants on GOV.UK. For detailed
information, you can read the Home Office staff guidance on English
language requirements on GOV.UK.

S7.50. If you are sponsoring a Seasonal Worker, you must ensure they are given an
employment contract in their first language, as well as in English. This is also
considered to be good practice for any other route on which the worker does
not have to meet a formal English language requirement.

Age requirement
S7.51. You cannot sponsor a worker who will be aged under 18 on the date they
apply for entry clearance or permission to stay, except in the following
circumstances:

• you can sponsor an International Sportsperson if they are aged at least 16

on the date they apply for entry clearance or permission to stay
• you are sponsoring a T2 Minister of Religion who applied before 6 October
2021, in which case the minimum age was 16
• there is no specified minimum age on the Creative Worker or Government
Authorised Exchange routes
• there was no specified minimum age for applicants applying on the former
T5 (Temporary Worker) routes (other than Seasonal Workers and private
servants in a diplomatic household) before 11 October 2021

S7.52. If you are sponsoring a worker who is aged under 18 (where this is
permitted), you must have regard to your duty to safeguard children’s welfare
– see ‘Safeguarding children’ in section L2 in Part 1: Apply for a licence for
further information on this.

S7.53. You have additional safeguarding duties if you are sponsoring a Creative
Worker who is under school-leaving age– see section CRW2 of Sponsor a
Creative Worker for further information.

S7.54. Workers aged under 18 (where permitted) must also meet a ‘parental
consent’ requirement to be eligible for a grant of entry clearance or
permission to enter or stay – see the relevant route-specific guidance for
information on this.

Decision on application: proof of immigration status

S7.55. The applicant will normally receive a letter or an email telling them the
outcome of their application for entry clearance or permission to stay. This
written notification cannot be used as evidence of the right to work and
access services. If the application is granted, the worker will also be issued
with proof of their immigration status. In most cases, this will be in the form of
an eVisa (either on its own or in conjunction with a vignette).

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S7.56. You must always check the person’s immigration status before they start
working for you and make any necessary follow-up checks if they have time-
limited permission. If you fail to make these checks, your sponsor licence
may be revoked and you may be issued with a civil penalty if the worker is
found to be working illegally. In most cases, you must make the check online.

S7.57. You may also need to check (and retain evidence) of the date the worker
entered the UK – see section 1.2 of Appendix D to the sponsor guidance for
further information on this requirement.

If the application is granted

S7.58. If the worker’s application is granted, they will receive proof of their
immigration status. Depending on the circumstances, this could be:

• an eVisa only
• an eVisa and a vignette sticker in their passport or other document
• a vignette only or other proof

S7.59. The Home Office is gradually replacing physical immigration documents with
a digital record of the holder’s identity and immigration permission known as
an ‘eVisa’. We stopped producing biometric residence permits for
applications submitted after 31 October 2024 and have now started phasing
out vignettes issued to entry clearance applicants. Eventually all successful
applicants will receive an eVisa only.

S7.60. Where a person has been issued with an eVisa, they must create a UKVI
account to access it and be able to share their status where required (for
example, with an employer or a landlord). For further information on eVisas
and how to create an account, see eVisas: access and use your online
immigration status on GOV.UK.

S7.61. A sponsored worker can start working in their sponsored role as soon as their
immigration permission becomes valid, provided you (or the employer) have
carried out the relevant right to work check. Where the worker has (or is
eligible for) an eVisa, you must carry out an online right to work check. In
other cases, you must carry out a manual right to work check. For detailed
guidance, see Right to work checks: an employer’s guide.

Workers who will receive an eVisa only

S7.62. The worker will receive an eVisa only (and no other proof of their immigration
status) if they are granted permission following an application in any of the
following circumstances:

• for entry clearance (from outside the UK) and they used the ‘UK
immigration: ID check’ app to prove their identity – this service is available
to people with a biometric passport issued by an EU country, Iceland,
Liechtenstein, Norway, or Switzerland

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 • for entry clearance on or after 15 July 2025 with a Home Office accepted
passport or other identity document on an eligible sponsored work route –
this means any Worker or Temporary Worker route other than Minister of
Religion, Scale-up or Seasonal Worker
• for permission to stay (from within the UK) – all routes and nationalities

Workers who will receive both an eVisa and a vignette

S7.63. Until further notice, the worker will normally receive both an eVisa and a
vignette if they do not fall into any of the categories listed above. This
includes those who applied for entry clearance (and did not use the UK
immigration: ID check app):

• as a Minister of Religion or Scale-up Worker

• on an eligible sponsored work route but they did not have a Home Office-
accepted passport or other identity document
• on an eligible sponsored work route before 15 July 2025

S7.64. Dependants of sponsored workers (other than those eligible to use the UK
immigration: ID check app) will also continue to receive a vignette as well as
an eVisa, even if they applied on or after 15 July 2025.

S7.65. The vignette will normally be affixed to the worker’s passport. The only
exception is if the worker does not have Home Office accepted passport (for
example, a passport issued by a country or territory not recognised by the
UK), in which case it will be affixed to a ‘Form for Affixing a Visa (FAV)’.

S7.66. Where the worker is granted entry clearance for longer than 6 months, their
vignette will be valid for 90 days. Where the vignette is on a FAV, and the
worker fails to travel within 90 days, they will need to apply for a replacement
vignette and FAV before they travel to the UK. Where the vignette is affixed
to a passport, there is no requirement to apply for a replacement vignette if
the worker fails to travel within 90 days, provided they still have a valid eVisa.

S7.67. Where the worker is granted entry clearance for 6 months or less, their
vignette will be valid for the full duration of their permission.

Workers who will not receive an eVisa

S7.68. Until further notice, the worker will not receive an eVisa in either of the
following circumstances:

• they are granted entry clearance as a Seasonal Worker (and did not apply
using the UK immigration: ID check app) – in this case, they will receive a
vignette only, valid for the full duration of their permission
• they are granted permission to enter under the ‘Creative Worker visa
concession’ – in this case, they will receive either a ‘wet ink’ stamp in their
passport (if they entered the UK from outside the Common Travel Area),
or they will be given an electronic ‘remote clearance’ before they arrive in

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 the UK (if they wish to enter the UK from another part of the Common
Travel Area)

If the application is refused

S7.69. If the worker’s application is refused, they will be informed of the reasons
why. They may have a right of administrative review against the decision.

S7.70. You must not employ a worker whose application has been refused, unless
they were already legally working for you when they made that application,
and you’ve received a ‘Positive Verification Notice’ from the Home Office
Employer Checking Service confirming that the worker has an outstanding
administrative review or appeal.

S7.71. You must stop sponsoring a person whose application has been refused
(and, unless you are a PB1 sponsor) tell us you have done so via your SMS
account) if any of the following are true:

• they do not apply for an administrative review within the relevant deadline
• their administrative review (or any onward right of appeal) is dismissed
• you receive a ‘Negative Verification Notice’ from the Home Office
Employer Checking Service

S7.72. If you are a PB1 sponsor who sponsored a Government Authorised

Exchange worker via the Sponsor UK service, your sponsor duties for that
worker will automatically end in any of the above circumstances.

Leaving and returning to the UK

S7.73. If a worker:

• entered the UK with entry clearance (granted for any duration); or

• was granted permission to stay for more than 6 months

they can leave and re-enter the UK for business, holiday or personal reasons
as often as they wish, provided their entry clearance or permission to stay
has not expired or been cancelled and they otherwise continue to meet the
requirements of the route on which they were granted.

S7.74. If you know or anticipate that the worker you wish to sponsor will need to
travel in and out of the UK on a regular basis in connection with their job, you
can choose to (but do not have to) tick the ‘Multiple entry’ box when
assigning their CoS. If you do this, it does not involve any extra benefits or
restrictions on the worker’s ability to travel but does help to show their
intentions and likely travel plans to us.

S7.75. This type of CoS is not needed by a sponsored worker who simply wishes to
travel overseas for leisure or domestic purposes during the period you
sponsor them. If they take annual leave and return home during that period,
they can still return to the UK to resume work if their permission is still valid.

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 The ‘Multiple entry’ option is not available in the Sponsor UK service. This
does not affect the ability of workers sponsored via that service to travel
outside the UK – provided they meet the conditions outlined above, they can
leave and re-enter the UK as often as they wish during the validity period of
their permission.

S7.76. If, however, a worker:

• has been granted permission to stay in the UK for 6 months or less

• has had their permission shortened so they have less than 6 months’
permission remaining; or
• entered the UK without entry clearance under the Creative Worker visa
concession

their permission to enter or stay will end (lapse) if they leave the Common
Travel Area (CTA). The CTA is the UK, Ireland, the Isle of Man and the
Channel Islands (Bailiwick of Guernsey and Bailiwick of Jersey).

S7.77. If a worker’s permission lapses, or expires, while they are outside the CTA,
they will not be able to re-enter the UK unless they make a further successful
application for entry clearance or permission to enter. In most cases, the
application must be supported by a new CoS. The only exception to this is
where the worker is eligible to re-enter the UK under the Creative Worker visa
concession. Such individuals can use their previous CoS to apply for a new
period of permission to enter, provided that CoS is still valid.

S7.78. Religious Workers and Charity Workers applying for entry clearance will be
subject to a ‘cooling-off’ period if they’ve been in the UK during the previous
12 months with permission on either of these routes – see Sponsor a Minister
of Religion or Religious Worker or Sponsor a Charity Worker for further
information on this.

Further information on immigration requirements

S7.79. There is general information on all work routes on the GOV.UK website in the
Work visas section.

S7.80. Sections S8 to S9 of this document contain information on conditions of stay,

extending permission to stay, change of employment applications, and
settlement.

S7.81. Detailed guidance for Home Office decision makers handling applications for
entry clearance and permission to stay can be found on GOV.UK: Working in
the UK (immigration staff guidance).

Contents

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S8. Conditions of stay
This section tells you about the conditions of stay a sponsored worker will be subject
to if they are granted permission on the Worker or Temporary Worker routes.

Content in this section:

• Overview
• No access to public funds
• Employment restrictions
• Study

Overview
S8.1. All people granted entry clearance or permission on the Worker and
Temporary Worker routes are subject to the following conditions:

• no access to public funds

• restrictions on the employment they can take
• study is permitted, subject to certain restrictions

S8.2. It is important that you and the worker understand these conditions. If the
worker breaches their conditions of stay, we may take action against you
and/or the worker, including:

• cancelling or shortening the worker’s leave

• removing the worker from the UK
• downgrading, suspending or revoking your licence
• in serious cases, referring you or the worker to the police or other relevant
authorities

No access to public funds

S8.3. All workers granted permission on the Worker and Temporary Worker routes
will be subject to a ‘no access to public funds’ condition. This means they
may not claim most state benefits or tax credits or access homelessness or
housing assistance from the state. Read the guidance on public funds for
further information.

Employment restrictions
S8.4. Generally, workers granted permission on the Worker or Temporary Worker
routes must work for the sponsor, and in the employment, specified on their
Certificate of Sponsorship (CoS). Minor changes to the details of that
employment are permitted, provided:

• you notify us of the change via the sponsorship management system

(SMS) (or Sponsor UK service if you are a PB1 sponsor)

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 • the worker continues to meet any salary or other requirements of the route
on which they are being sponsored; and
• the change would not require a ‘Change of employment’ application

S8.5. In addition, depending on the route on which they have been granted,
sponsored workers may be allowed to:

• take additional employment (Scale-up Workers only)

• work out a contractual notice period
• take supplementary employment
• take secondary employment with a second CoS
• take limited temporary employment as a sportsperson or as a sports
broadcaster
• do voluntary work

The subsections below give further information on these allowances.

Additional employment for Scale-up Workers

S8.6. A person granted permission as a sponsored Scale-up Worker can take
employment (including self-employment and voluntary work) additional to the
work for which they are being sponsored. The only restriction on this
additional employment is that they must not work as a professional
sportsperson or sports coach.

Working out a contractual notice period

S8.7. A worker who is sponsored on a Worker route, or a Global Business Mobility
route other than Service Supplier, and is making a ‘change of employment’
application, is permitted to work out a contractual notice period for their
existing employer, provided they were lawfully working for that employer on
the date of application.

Supplementary employment
S8.8. Some sponsored workers can take additional paid employment, known as
‘supplementary employment’. Except where the worker has completed
specialty training as a general practitioner, they must continue to work for
their sponsor and in the employment specified in their CoS while doing
supplementary employment. In all cases, the additional employment must
meet the conditions for supplementary employment set out below.

S8.9. Not all sponsored workers are permitted to take supplementary employment
– you and the worker must ensure you understand who can and who cannot
take this type of employment and, where it is permitted, what the conditions
of that employment are.

Who can take supplementary employment?

S8.10. A worker can take supplementary employment if they have been granted
entry clearance or permission on any of the following routes:

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 • Skilled Worker
• the Intra-Company routes in place before 11 April 2022
• Senior or Specialist Worker (but only if they qualify under a transitional
arrangement)
• T2 Minister of Religion
• International Sportsperson
• Creative Worker
• Government Authorised Exchange
• International Agreement (but only if the worker has been granted as an
employee of an overseas government or international organisation)
• Religious Worker

S8.11. There are different rules for Scale-up Workers taking ‘additional employment’.

What are the rules of supplementary employment?

S8.12. Supplementary employment must meet all of the following requirements:

• it must be for no more than 20 hours a week

• the worker must continue working in the job specified in their CoS (except
where they have completed specialty training as a general practitioner, as
set out below)
• it must take place outside of the hours when the worker is contracted to
work for the sponsor in the job for which they are being sponsored
• it must be one of the following types of eligible employment:
o in the same profession and at the same professional level as the work
specified in the worker’s CoS
o a job which is in an occupation listed in Appendix Immigration Salary
List – if the occupation is later removed from this list, the worker must
finish that employment
o for Skilled Workers only, a job which is in an eligible SOC 2020
occupation code listed in Table 1, 2 or 3 of Appendix Skilled
Occupations
o for Skilled Workers who were granted permission under the Immigration
Rules in force before 22 July 2025, and have held continuous
permission as a Skilled Worker since then, a job which is in an eligible
SOC 2020 occupation listed in Table 1a, 2aa or 3a of Appendix Skilled
Occupations

S8.13. Where supplementary employment is permitted, it does not have to be with a

licensed sponsor. Sponsored workers do not need to advise us of any
supplementary employment they undertake as long as it meets these criteria.

S8.14. If the worker undertakes additional employment that does not meet the
supplementary employment criteria, and they have not been granted
permission to allow them to take such employment, the worker will be in
breach of their conditions of stay.

S8.15. A sponsored worker should advise their new employer that the employment

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 is supplementary to the work they are being sponsored to do, so their
supplementary employer can make the necessary right to work checks
outlined in Right to work checks: an employer's guide.

Supplementary employment for general practitioners in specialty

training
S8.16. From 7 August 2023, where the worker is being sponsored on the Skilled
Worker route under occupation code 2211 as a general practitioner in
specialty training, they will be granted an additional period of 4 months
beyond the end date on their CoS. During this 4-month period they can take
supplementary employment even after they have finished working for their
sponsor. The supplementary employment must otherwise meet the
requirements set out above.

Who cannot take supplementary employment?

S8.17. Workers granted on the following routes are not permitted to take
supplementary employment – if they do, they will be in breach of their
conditions of stay:

• the Global Business Mobility routes (unless a transitional arrangement

applies)
• Charity Worker – however, Charity Workers can do additional voluntary
work for another organisation, provided it’s in the same role as the one
specified on their CoS
• Seasonal Worker
• International Agreement, unless they have been granted as an employee
of an overseas government or international organisation – however, a
private servant in a diplomatic household can take additional employment
as a domestic worker in a different household, provided their main
employment continues to be as a private servant in the household
specified on their CoS

Transitional arrangement for Senior or Specialist Workers

S8.18. A worker granted permission as a Senior or Specialist Worker can take
supplementary employment only if all of the following are true:

• the application which led to their current grant was for permission to stay
(not entry clearance)
• the worker was previously granted permission under the Intra-Company
routes in place before 11 April 2022
• the worker has, since then, continuously had permission as a Senior or
Specialist Worker (including any period of overstaying disregarded under
paragraph 39E of the Immigration Rules)

S8.19. In all other cases, Senior or Specialist Workers are not permitted to take
supplementary employment.

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Secondary employment (employment with a second CoS)
S8.20. A worker sponsored on any of the Worker routes (other than Senior or
Specialist Worker) may be allowed to take a second job which does not meet
the supplementary employment criteria described above. We call this
secondary employment. It is distinct from the supplementary employment and
requires a second CoS to be assigned to the worker.

S8.21. The worker must have used their first CoS in a successful application for
entry clearance or permission on a Worker route, and have started the
employment for which that CoS was assigned, before they can be assigned a
second CoS.

S8.22. Any secondary employment must be with a licensed sponsor and the worker
must meet the criteria relevant to the route in which their secondary
employment falls. The secondary employer must assign a new CoS to the
worker, so that the worker can make an application for permission to stay that
will allow them to undertake the secondary employment, in addition to their
main employment.

Employment as a sportsperson or sports broadcaster

S8.23. Workers granted permission on the International Sportsperson route can do
any of the following:

• employment as a sportsperson for their national team while their national

team is in the UK
• playing in British University and College Sport (BUCS) competitions
• temporary engagements as a sports broadcaster – this means providing
guest expert commentary on a particular sporting event

S8.24. They do not need to be assigned an additional CoS to do this.

Voluntary work
S8.25. People sponsored on the following routes are permitted to do voluntary work
in addition to the work for which they are being sponsored (and in addition to
any permitted supplementary employment or additional employment):

• Skilled Worker
• any of the Global Business Mobility routes
• Minister of Religion
• International Sportsperson
• Scale-up
• Charity Worker, provided any additional voluntary work is in the same role
as the one for which they are being sponsored and meets the definition of
‘eligible charity work’ on that route

S8.26. ‘Voluntary work’ has the same meaning as in section 44 of the National
Minimum Wage Act 1998. People doing voluntary work must receive no

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 payment or other remuneration for this activity, other than reasonable
expenses and accommodation, as defined in section 44. For detailed
guidance, see section NMWM05090 of the HMRC internal manual.

S8.27. Workers sponsored on any route not listed above are only permitted to do
voluntary work if that is the role they are being sponsored for (in which case,
they can do that voluntary work only).

Study
S8.28. Workers and Temporary Workers may undertake courses of study if they
wish, provided their study does not affect their ability to carry out the job they
have been sponsored to do, and, if relevant, they meet the ATAS condition
below.

S8.29. Study may be undertaken anywhere the individual chooses and does not
have to be with a licensed Student sponsor. There is no limit on the number
of hours they can study or the level of course they undertake.

ATAS condition
S8.30. If a Worker or Temporary Worker (who is not an exempt national) intends to
undertake a course of study or research at postgraduate level or above in a
discipline specified in Appendix ATAS to the Immigration Rules, they must
obtain an Academic Technology Approval Scheme (ATAS) clearance
certificate from the Counter-Proliferation and Arms Control Centre of the
Foreign, Commonwealth and Development Office before starting the relevant
course or research.

S8.31. If they fail to do so, they will be in breach of their conditions of stay.

Contents

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