NEWS: UNITED KINGDOM

UK Immigration Updates to Sponsorship Management System

The Home Office has introduced updates to the Sponsorship Management System (SMS), new minimum salary requirements for Skilled Worker, Scale-up and Senior or Specialist Worker applicants, and general sponsor requirements.

The Home Office has introduced updates to the Sponsorship Management System (SMS), new minimum salary requirements for Skilled Worker, Scale-up and Senior or Specialist Worker applicants, and general sponsor requirements. Here, we identify the most important updates relevant to corporate sponsors and HR professionals.

Updates to Sponsorship Management System (SMS)

Requests to update the details of authorising officers (AO), key contacts (KC), Level 1 Users and organisation details, as well as requests to replace the AO, KC or add new Level 1Users will now be implemented immediately, subject to certain criteria being met. In addition, if sponsors hold a licence for an eligible route, their annual allocation for Certificates of Sponsorship (CoS) will automatically renew, again subject to certain criteria being met.

These functions have been introduced so that sponsors can keep their licence details as up-to-date as possible without having to wait for these requests to be agreed upon by UKVI, which can be a lengthy process. Sponsors with currently outstanding SMS requests of this type may wish to withdraw them and submit new requests following these changes, as the new requests are likely to be processed instantly.

Replace AO and KC, Add L1 User requests

The criteria for these requests being fulfilled immediately are that:

  • the sponsor’s licence is fully active;
  • the sponsor is A rated; and
  • the postcode of the address stated for the new AO, KC or Level 1 User matches either the postcode of the main organisation address or that of the head office address – or, for KCs and Level 1 Users, the postcode of a legal representative organisation where the Home Office has been notified that they are acting.

If the criteria are not met, the SMS request can still be submitted for the Home Office to consider in the usual way. It is also worth noting that the submission sheet and supporting evidence will still be required in the case of requests to replace the AO (whether immediately fulfilled or not).

Renewal of Allocation of Certificates of Sponsorship (CoS)

For A rated sponsors licenced in one of the Home Office’s ‘eligible routes’ for automatic renewal (which includes undefined Skilled Worker CoS, GBM – Senior or Specialist Worker and Scale-up, amongst others) whose current annual allocation status is ‘active’, the annual allocation of CoS will be renewed if it is due to expire more than three months from today’s date. However, if a sponsor’s annual allocation expires within three months from today or where the allocation status is listed as ‘expired’, they will still need to apply to renew it (the following annual allocation will instead be automated).

Once a sponsor reaches an automated allocation status, they will be granted the number of CoS assigned in their previous annual allocation. This allocation can be manually increased if required.

Statement of Changes HC 1160

On 9 March 2023, the Home Office published its latest Statement of Changes in Immigration Rules with an accompanying Explanatory Memorandum. Most pertinent to employers, this latest Statement delivers updates to salary and sponsor requirements in work routes. The majority of provisions will come into force on 12 and 13 April 2023.

Changes to Appendix Skilled Worker and Appendix Skilled Occupations

In line with the increases in National Minimum Wage from 1 April 2023, applications may be refused where a caseworker has reasonable grounds to believe that the role does not comply with Working Time Regulations or the National Minimum Wage Regulations. This change applies to all sponsored work visa routes.

Under the Skilled Worker route, new minimum salary thresholds will apply as follows:

  • general threshold for applicants – £26,200 per year;
  • applicants with a relevant PhD – £23,580 per year;
  • applicants with a PhD in a STEM subject area – £20,960 per year;
  • hourly rates across all categories – £10.75 per hour.
Additionally, the Statement clarifies minimum salary categories for three of the new routes introduced in 2022:
  • Scale-up route – £34,600;
  • Senior or Specialist Worker visa (Global Business Mobility) – £45,800.

These rates apply with the caveat that if an entry clearance or leave to remain application is submitted using a Certificate of Sponsorship issued before 12 April 2023, it will be decided under the rules in force on 11 April 2023 whereby lower salary thresholds and current salary calculations will apply.

Amendments have been made throughout Appendix Skilled Occupations to reflect a change in the going rate for base salaries from a 39-hour working week to 37.5 hours per week. Additionally, changes are inserted to clarify how wages are considered and calculated for those working shift patterns or irregular hours.