United Kingdom: Sponsor Guidance Updated
April 3, 2023
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At a Glance
- On March 31, 2023, the Home Office updated Part 3 of the sponsor guidance (sponsor duties and compliance), which is effective immediately.
- The new guidance introduces a definition of “hybrid working pattern” and other information concerning hybrid work, and describes the additional requirements for sponsoring offshore workers. The latter requirement goes into effect on April 12, 2023.
- The guidance also clarifies the following information: reporting duties, including due to unauthorized absences; circumstances under which certain reported changes will automatically be approved in the Sponsor Management System; validity of sponsor licenses under UK Expansion Worker or Scale-up routes; and penalties for provisional sponsors on the UK Expansion Worker route.
- Employers should review internal process and procedural documents to ensure that they reflect the updated guidance and provide staff training on the new reporting duties.
The situation
On March 31, 2023, the Home Office updated Part 3 (sponsor duties and compliance) of the Workers and Temporary Workers sponsor guidance, which is effective immediately.
A closer look
The following changes have been made to the sponsor guidance:
| Change | Details |
| Hybrid working pattern information introduced |
|
|
Additional reporting duties for offshore workers |
|
|
Reporting duties in relation to unauthorized absences |
Sponsors must notify the Home Office if a sponsored worker has been absent from work without permission for more than 10 consecutive days. The report must be made no later than 10 business days after the tenth day of absence. This must be done even if the sponsor intends to continue sponsoring the worker. |
|
Circumstances under which certain reported changes will automatically be approved in the Sponsor Management System |
|
|
Validity of sponsor licenses under UK Expansion Worker or Scale-up routes |
Although sponsor licenses are normally valid for four years and can be renewed, the new guidance clarifies that a sponsor cannot be licensed in the UK Expansion Worker or Scale-up routes for more than four years. |
|
Penalties for provisional sponsors on the UK Expansion Worker route |
|
Impact for employers
- Update internal procedural documents. Employers should review internal processes and procedural documents to ensure that they reflect the updated guidance, especially where sponsored workers are working in a “hybrid working pattern” or where offshore workers are being sponsored.
- Consider refresher training on updated guidance. Employers should ensure all staff are aware of the new reporting duties – including the requirement to notify the Home Office of offshore workers’ arrival/departure dates via the new dedicated email address. Employers should also look to identify where the definition of a “hybrid working pattern” will apply to their business.
Background
The changes are part of an ongoing effort by the Home Office to make its guidance clearer and to reflect new processes.
Looking ahead
Employers should contact their immigration professional to discuss, review and assist with navigating these changes and provide training where needed.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
