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.

The following changes have been made to the sponsor guidance:

Change Details
Hybrid working pattern information introduced
  • The new guidance introduces a requirement for sponsors to report a change of work location when a sponsored worker moved into a “hybrid working pattern” via the Sponsor Management System.
  • This requirement was already in place for when a sponsored worker’s work location changed, but the change in guidance expands this to hybrid working patterns.
  • A “hybrid working pattern” is also defined in the new guidance as when a worker will work remotely on a regular and planned basis from their home or another address (e.g. a work hub space), that is not a client site or an address listed on the license, in addition to regularly attending one or more of the sponsor’s offices or branches or a client site.

Additional reporting duties for offshore workers
  • As previously reported, effective April 12, 2023, the sponsor of the offshore worker (or the individual themselves, if not sponsored) must notify the Home Office of the arrival and departure of the worker no earlier than the day of arrival or departure and no later than 10 business days after arrival or departure. All notifications must be sent to [email protected].
  • The notification must also include the following information: sponsor license reference number, Certificate of Sponsorship reference number of the offshore worker, name of the ship or vessel on which the offshore worker will be based, and the date they arrived in or left UK waters (as appropriate).

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
  • Certain reported changes will be automatically approved, including the replacement of the Authorizing Officer or Key Contact. Previously, this was only allowed for those sponsors licensed before April 2009.
  • In order to qualify for automatic updates, the employer’s sponsor license must be fully active, A-rated, and the postcode stated for the new Key Personnel must match the postcode of the main or head office address (or that of the representative if the sponsor has appointed a representative as the Key Contact/Level 1 User).

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
  • If the provisional sponsor on the UK Expansion route fails to meet its sponsor duties or otherwise fails to meet its obligations under the sponsor guidance, the Home Office will not issue them an action plan and will consider revoking the license.
  • Unlike other types of sponsors with the above-listed issues, provisional sponsors on the UK Expansion route cannot be downgraded to a B-rating and instead, face harsher penalties.

 

  • 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.

The changes are part of an ongoing effort by the Home Office to make its guidance clearer and to reflect new processes.

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].

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