Workers and Temporary Workers: guidance for sponsors

The Home office have recently issued guidance for sponsors pertaining to Workers and Temporary Workers on the Skilled Worker immigration route.

Here’s what you need to know.

(Updated as of 6 April 2021)

What is the Skilled Worker route for Workers and Temporary Workers?

Replacing the then existing Tier 2 (general) route from 1st December 2020, the Skilled Worker route grants employers the ability to recruit people to work in the UK in specific skilled roles. This applies to both:

  • European Economic Area (EEA) nationals who arrived in the UK after 11 pm on 31 December 2020 (see below); and
  • non-EEA nationals who apply for entry clearance or permission to stay on or after 1 December 2020

What are the Intra-Company Routes for Workers and Temporary Workers?

The two Intra-Company routes are:

  • Intra-Company Transfer: For established employees, this route enables employers to transfer said employee to do a skilled job for an employer linked in the UK
  • Intra-Company Graduate Trainee: For employees partaking in a structured graduate training programme, this route enables employers to transfer said employees to an employer linked in the UK

What do I need to know before I sponsor an International Agreement Worker or Temporary Worker?

The International Agreement Worker route is for a person who wants to come to the UK to provide a service covered under international law, such as private servants in diplomatic households, employees of overseas governments and international organisations, or under the General Agreement on Trade in Services (GATS), or another services trade agreement under which the UK has similar commitments.

What do I need to know before I sponsor Government Authorised Exchanged Worker or Temporary Worker?

The GAE route is for individuals who want to come to the UK for a temporary period for work experience, job shadowing or training, to take part in an Overseas Government Language Programme, or undertake research or a fellowship through an approved exchange scheme. GAE Workers can stay in the UK for a maximum of 12 months or two years, depending on the scheme under which they are sponsored.

What do I need to know about before I sponsor Skilled Workers or Temporary Workers?

To be eligible to sponsor a Skilled Worker, you must:

  • Hold a valid sponsor license (dependent on the category of sponsorship)
  • Have a clear understanding of the route and who you can sponsor
  • ensure the worker’s salary meets the requirement
  • assign a valid Certificate of Sponsorship (CoS) to the worker you wish to sponsor, pay the necessary fee and guarantee you understand the difference between a ‘defined’ and ‘undefined’ CoS
  • Pay the Immigration Skills Charge for each worker you wish to sponsor
  • Keep records of each person you sponsor
  • Have personnel in place to meet Home Office requirements
  • Understand and comply with all of your sponsor duties

Who can sponsor Skilled Workers or Temporary Workers?

 Applications must be made online by those who wish to sponsor a Skilled Worker. Additionally, you must offer genuine employment that meets the required skill level for this route.

Please be advised that the above information is not exhaustive as there are more requirements and points to consider.

For more information provided by Bolton’s leading Immigration Solicitors on Workers and Temporary Workers: guidance for sponsors, send an email to info@compasslaw.org.uk to book a telephone/Skype consultation. The fee is £30.

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