United Kingdom: Improvements Related to Salary Reductions, Government Notifications and Fees Implemented

• • Effective immediately, employers no longer need to submit a change of employment application if a Skilled Worker’s salary is reduced because of a temporary reduction in their hours for individual health reasons or a phased return to work for individual health reasons.
  • In either case, this must be supported by an occupational health assessment and their hourly pay must not fall below any requirement which applied when their current permission was granted. 
  • Employers must still notify the Home Office of this change.  

• • Effective immediately, UK employers are no longer required to notify the Home Office of delayed start dates for foreign nationals, unless the delay is more than 28 days.
  • If delays are more than 28 days:
    • The employer should notify the UK government via the Sponsor Management System (the system used by the Home Office to monitor employer compliance with immigration matters);
    • There must be a valid reason for the delayed start date, including but not limited to travel disruption due to a natural disaster, military conflict or pandemic; the worker requires an exit visa from their home country and there have been administrative delays in processing this; or illness, bereavement or other compelling family or personal circumstances.
    • If there is not a valid reason, the employer must stop sponsoring the worker.
  • If the employer wishes to continue sponsoring the worker, they should be aware that the Home Office may cancel the worker’s permission if they do not consider there is a valid reason for the delayed start.
  • If the worker tells the employer their permission has been cancelled, the employer must stop sponsoring them and report this within 10 business days after the 28-day period ending.

• • Effective January 1, 2023, UK employers will be exempt from paying the Immigration Skills Surcharge to the UK Home Office when sponsoring EU-linked senior or specialist workers assigned to work in the United Kingdom for less than a three-year period.
  • An EU-linked worker is defined as a national of an EU country or a Latvian non-citizen (this concession does not apply if the worker is a national of Iceland, Norway, Liechtenstein or Switzerland and is assigned to a business established in the European Union).
  • Currently, employers must pay a fee of either GBP 1,000 or GBP 364, depending on the size and revenue of the employer, regardless of the assignment period, for each year the sponsored worker remains in the United Kingdom.

This exemption is subject to Parliamentary approval, though it is expected to be passed.