PBS - Sponsorship Duties

Sponsors must issue Sponsorship Certificates only to those candidates who are in their estimation, and in accordance with UK work permit or study visa requirements, eligible and qualified to perform the employment or course of study in the UK.

As a leading authority on the UK visa and immigration law Global Visas provide expert immigration solutions in accordance with the Points Based System.

We provide expert guidance and compliance services to help organisations navigate tiers 1 to 5 of the UK immigration system. The Home Office Border and Immigration Agency (BIA) will carry out Immigration Compliance visits, with or without prior notice to ensure that sponsors continue to adhere to the obligations of their licence.

Global Visas are qualified to represent sponsors throughout this process and our offices may function as the nominated location used by Immigration Officials when conducting a visit.

General Sponsor Duties

Keeping Records

Sponsors are required to keep a broad range of documentation pertaining to each candidate for whom they are responsible. This documentation must be made available to the Border and Immigration Agency on request.

Among the documentation, it is necessary to keep full contact details for each individual as well as a copy of their passport or UK visa status, demonstrating authorization to work or study in the UK. Where migrants have biometric Immigration Documents, commonly known as identity cards, a copy must be retained.

Reporting Duties

As well as maintaining records, sponsors are obliged to take a proactive approach to reporting a sponsored migrant where their conduct is unsatisfactory.

Where a sponsored migrant does not arrive for their first day of work or study, this must be reported within ten working days. The absence must still be reported in cases where a reason has been given.

Where candidates fail to attend work or study for a period of more than ten working days, without the permission of the sponsor, this must also be reported, once again within ten working days.

Termination of contracts or 

studies

, whether through the candidates' own choice or due to dismissal must also be reported within the same period. In such cases, any information held by the sponsor pertaining to the candidate's new place of employment or study must also be provided.

If, for any other reason, sponsor and candidate part company, this too must be reported. Sponsors must also make the Border and Immigration Agency aware of any significant changes in the circumstances of either party.

Category Specific Sponsor Duties

Tier 2 Visa - Skilled workers

As with the former UK work permit system, Certificates of Sponsorship may only be awarded where a candidate is qualified to perform a specific role at NVQ3 or higher.

The position must have been subjected to the Resident Labour Market Test (RLMT) ensuring that the position includes appropriate remuneration and that it has been established through advertising that no EEA national can fill the position.

The RLMT does not apply to positions which are deemed to be in a shortage occupation or those offering a salary of £40,000 per annum or more.

RLMT does not apply in the following circumstances:

• Intra-Company Transfer - A candidate arriving through an ICT must have been working for the same company overseas for 6 months or more.
• Religious Worker - Sponsor of religious workers must demonstrate that candidates have Faith Body Endorsements of their suitability, from the relevant faith body.
• Sportsperson - Where a sportsperson aims to establish a presence in the UK, their sponsor must show that the migrant has a Governing Body Endorsement for their sport. They must also show that the migrant is internationally established and will make a significant contribution to the UK.

Tier 3 Visa - Low Skilled Workers

Certificates of Sponsorship may only be issued in tier 3 where a sponsor has signed up to the conditions of a low-skilled employment scheme agreed with the BIA. At present, no such schemes exist.

Tier 4 Visa - Students

A 

Certificate

 of sponsorship for a student is known as a "confirmation of acceptance of studies" and may be issued only where the sponsor is satisfied of the candidates' suitability and intention to follow the course.

Tier 5 Visa - Temporary Categories

The temporary immigration categories below are included in tier 5, with certificates of sponsorship being issued subject to the following requirements:

• Creative and sporting - Where a candidate is entering the UK for a specific event or series of events, not to establish himself or herself in the UK.
• Voluntary - Where a candidate will undertake temporary, voluntary work directly linked to the purpose of the sponsor.
• Religious - Where the candidate is endorsed by the relevant faith body and will not undertake employment other than in their capacity as a religious worker.
• Exchange - Where a candidate will be working or training in the UK on a temporary basis through an approved scheme.
• International Agreement - Where a candidate either works in a country that is a member of the WTO or EU or has a bilateral agreement with the UK.
• Overseas Government Employee - where the migrant is an employee of the overseas Government and will not work in any other capacity.
• Private Servants in Diplomatic Households - where the candidate is aged 18 or over and their employer has diplomatic privileges and immunity through the Vienna Convention on Diplomatic Relations.
• Youth Mobility - Where the candidate is from a very low risk country, is aged 18-30 and will work within the terms of the Youth Mobility Scheme.