How do I sponsor a migrant worker?
If a worker starts a new job
This page explains what a sponsor must do if a sponsored migrant worker changes their job.
On this page
If a migrant sponsored under Tier 2 or Tier 5 wants to leave their job and work for a different employer, they must make a new application for permission to stay and work in the UK. If they are a Croatian national and not in a exempt category, they must apply again for worker authorisation. They must have a certificate of sponsorship from their new employer to support their new application. The only exception to this is where the migrant will be continuing in the same job for a new employer following a takeover, merger or de-merger.
If the migrant is continuing to work for the same sponsor but in a new job within the same Standard Occupational Classification (SOC) code, they do not need to make a new application for permission to stay and work in the UK unless:
- they are changing from a job that is on the list of shortage occupations to one that is not.
If the migrant is starting a new job in a different SOC code with the same sponsor, they must make a new application for permission to stay and work in the UK. The sponsor must carry out a resident labour market test (where appropriate) for the new job, and that test must show that no suitable settled workers are available to fill the post.
Making a new application - the sponsor's role
The (new) sponsor must assign a certificate of sponsorship, and the migrant must then make a new application to stay in the UK under Tier 2 or Tier 5. We must approve the migrant's application before they can start their new job, whether that job is with their existing sponsor or with a new sponsor. Until then, the migrant can continue working in their original job for their existing sponsor (provided their previous permission has not expired) until the start date of the new job, which should be the start date given on the new certificate of sponsorship.
Migrants will automatically get points for English language skills, because they will have shown this for their initial application. (This does not apply to migrants who came to the UK under any of the previous or existing intra-company transfer routes.) Additionally, they will not need to prove they have maintenance (funds).
Migrants who are in the UK with valid leave can make a new application if they change jobs, but we will only grant permission to stay up to the maximum time allowed under the relevant sub-category. They will not be able to switch into another tier, category or sub-category unless they have already been granted permission to work under Tier 5 (Temporary worker - Creative and sporting) as a footballer, in which case they can switch into Tier 2 (Sportsperson) if they will still be employed as a footballer and can meet the tier 2 (Sportsperson) requirements.
Acceptable reductions in hours and salary
If at any time, you decide to reduce a migrant's salary and/or allowances to below what is indicated on the CoS (for example, because certain tax is no longer payable), the new rate of pay must still be at or above the appropriate rate as set out in the Guidance for sponsors and the codes of practice. The only exceptions to this rule are where:
- you are making company-wide reductions due to the current economic climate (see the sponsor guidance for further details).
- the migrant is on a period of maternity, paternity or adoption leave, or a period of long-term sick leave in excess of 1 month.
If the reduction in salary is due to the migrant being absent from work without pay for 1 one calendar month or more during any 12 month period from 1 January to 31 December for any reason other than for those listed above (whether over a single period, or multiple periods), you cannot continue to sponsor them and you must report this to us using your SMS account. The same app[lies if a migrant wishes to take a longer period of other unpaid leave, for example a sabbatical - you must stop sponsoring them and report this to us using your SMS account.
If the migrant was granted leave under Tier 2 (General) as a 'high earner' and the reduction in salary takes them below the high earner threshold, the migrant must make a new application for leave but where this happens, you do not have to conduct a resident labour market test..
Terms explained
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Resident labour market test
This is the process an employer must follow before employing a person who is not a permanent resident of the United Kingdom if he/she is first required to show that no resident worker could be found to take a job.
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S/NVQ level 3
This refers to either the Scottish Vocational Qualification or the National Vocational Qualification at level 3. A qualification at this level is one that shows competence that involves the application of knowledge in a broad range of varied work activities performed in a wide variety of contexts, most of which are complex and non-routine. There is considerable responsibility and autonomy and control or guidance of others is often required.
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Settled
You are normally resident in the United Kingdom with no immigration restriction on the length of your stay. To be free of immigration restriction you must have the right of abode or indefinite leave to enter or remain in the United Kingdom.