Workers and Temporary Workers: sponsor a skilled worker … – GOV.UK

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Updated 9 November 2022

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Version 11/22
This document forms part of the collection ‘Workers and Temporary Workers: guidance for sponsors’. It provides information for employers on how to sponsor a person on the Skilled Worker immigration route.
This version of the guidance is valid from 9 November 2022.
The guidance provides information for employers on how to sponsor a person on the Skilled Worker immigration route.
The Skilled Worker route allows employers to recruit people to work in the UK in a specific job in an eligible skilled occupation. It replaced the Tier 2 (General) route from 1 December 2020.
Content in this section:
To make sure you meet all of the relevant requirements and fulfil your sponsorship duties, you must read the following parts of the sponsor guidance, in addition to this document:
You can access all of these documents, and other information on sponsorship, on the Sponsorship: guidance for employers and educators page on GOV.UK.
This guidance is subject to change. If you have printed or downloaded a copy of this guidance, check the version number and date on GOV.UK to ensure you are using the most up-to-date version.
There is a glossary of terms used throughout the sponsor guidance (including this document) at the beginning of part 1: apply for a licence.
The following additional terms are used in this document:
This means a person who is:
The route in Appendix Skilled Worker to the Immigration Rules.
Where the context requires, it can also refer to the Tier 2 (General) route in place before 1 December 2020.
A person with permission on the Tier 2 (General) route.
The route in Part 6A of the Immigration Rules in place before 1 December 2020. This was the main route for skilled workers before the launch of the Skilled Worker route.
You can find previous versions of the Immigration Rules in the Immigration Rules Archive on GOV.UK.
If you think this guidance has factual errors or broken links, you can email the Business Helpdesk at BusinessHelpdesk@homeoffice.gov.uk.
If you have read this guidance, and the guidance referred to above, and you still have any queries, you can call us on 0300 123 4699 or email the Business Helpdesk at BusinessHelpdesk@homeoffice.gov.uk.
Below is information on the version number of this guidance and when it was published:
You can view previous versions of this guidance on the National Archives website.
This version replaces version 04/22 (published on 11 April 2022). The guidance has been updated to reflect changes to the Immigration Rules coming into force on 9 November 2022, as set out in Statement of Changes HC 719 (published on 18 October 2022) and to make some other minor amendments and clarifications. Details of the changes are set out below:
This section provides an overview of the Skilled Worker route and the sponsorship requirements you must meet.
Content in this section:
SK1.1. The Skilled Worker route is the main immigration route for overseas nationals who wish to work in the UK. It allows UK-based employers to recruit overseas workers to fill a wide range of skilled vacancies in the UK.
SK1.2. A Skilled Worker must have a job offer in an eligible skilled occupation from a Home Office-approved sponsor. Eligible jobs are generally those which involve a variety of work activities, which may be complex. They are likely to include considerable responsibility and autonomy, and may include managing others. The job must normally be skilled to level 3 on the Regulated Qualifications Framework (RQF) for England and Northern Ireland, or the equivalent level in Wales or Scotland. This does not mean the worker has to have a level 3 qualification, but the job will involve the application of knowledge and skills at that level.
SK1.3. You can also sponsor eligible healthcare professionals for the Health and Care visa, which is a special subcategory of the Skilled Worker route.
SK1.4. All jobs sponsored on this route must meet the Skilled Worker salary requirements.
SK1.5. Skilled workers can bring their family members (partner and children) to the UK and can apply to settle in the UK after 5 years’ continuous lawful residence on this (or another eligible) route.
SK1.6. You will need to sponsor any overseas national you wish to employ if they are not a ‘settled worker’ or do not otherwise have immigration permission to work for you in the UK. This includes most EU, EEA and Swiss nationals who arrived in the UK after 31 December 2020.
SK1.7. You do not have to sponsor certain categories of worker, including:
SK1.8. This is not a complete list. For further information on who does, and does not, need sponsorship, see section S1 of Part 2: Sponsor a worker
SK1.9. If you wish to sponsor a Skilled Worker, you must:
This section tells you about the requirements you must meet to be eligible for a Skilled Worker sponsor licence.
Content included in this section:
SK2.1. If you wish to sponsor a Skilled Worker, you must hold a valid sponsor licence for the Skilled Worker route. If you do not already hold such a licence, you must apply for one by completing the online application form, paying the relevant application fee, and submitting the supporting evidence specified in Appendix A to the sponsor guidance.
SK2.2. Before applying for your licence, you should read:
SK2.2A. If you already hold a valid licence to sponsor workers, but it does not include the Skilled Worker route, you can apply to add the Skilled Worker route to that licence. You may have to pay an additional fee for this. For further information on adding routes to your licence, see section L10 of Part 1: Apply for a licence.
SK2.3. If you already hold a Skilled Worker sponsor licence and it’s due to expire within the next 90 days, you should apply now to renew it. See section C5 of Part 3: Sponsor duties and compliance for guidance on renewing your licence.
SK2.4. In addition to the general requirements for a sponsor licence set out in Part 1: Apply for a licence, to be eligible for a Skilled Worker sponsor licence, you must be able to offer employment that:
SK2.5. As the sponsor, you will normally be the employer and therefore responsible for paying the sponsored worker. We recognise there are certain circumstances, such as in parts of the creative sector, where there is no direct employer-employee relationship. In such circumstances, the worker must still have a sponsor that is able and willing to accept all of the responsibilities and duties associated with being their sponsor.
SK2.6. There will also be circumstances where there is a clear statutory relationship between the employing body and a publicly funded body, where the publicly funded body can intervene in the running or funding of the employing or paying body. In these cases, the publicly funded body can be the sponsor.
There are 2 examples of this:
A local authority has powers of control and direction over self-governing schools, so the local authority can sponsor teachers in these schools.
A Strategic Health Authority, through its Deanery, Local Education and Training Board (LETB), provider, or commissioning organisation, has funding control of training posts for doctors and dentists within NHS Trusts, even though it is not the paying body. In this case, the Deanery or LETB can be the sponsor.
SK2.7. Where a worker is not your direct employee, we will look closely at the arrangement to make sure you can fulfil your sponsor duties and we will take action against you if we find you are not. For further information, see:
SK2.8. If you are granted a licence, you must comply with all of your sponsor duties. If you do not, we may take action against you, including:
SK2.9. For details, see Part 3: Sponsor duties and compliance.
This section tells you about the immigration requirements Skilled Workers must meet and where you can find further information.
Content in this section:
SK3.1. People who wish to come to the UK on the Skilled Worker route must meet the requirements in Appendix Skilled Worker to the Immigration Rules.
SK3.2. These requirements include that the applicant:
if relevant, meets the ATAS requirement
SK3.3. This is not the full list of requirements – you must refer to the relevant Immigration Rules for these.
SK3.4. All applicants on the Skilled Worker route must score 70 ‘points’ to be eligible. This includes 50 points for mandatory or ‘non-tradeable’ criteria, and 20 points for ‘tradeable’ criteria.
SK3.5. The mandatory criteria are set out in the table below. All applicants on the Skilled Worker route must score 50 points from this table:
SK3.6. In addition to scoring 50 points for the above criteria, the applicant must also score 20 ‘tradeable’ points based on:
SK3.7. For further information on salary requirement, see sections SK5 to SK8 of this document.
SK3.8. We will not award points for sponsorship if we have reasonable grounds to believe that the job:
SK3.9. If you assign a CoS for a role which is not genuine, we will refuse the worker’s application and we may take action against you.
SK3.10. For further information on genuine vacancies, see section C1 of Part 3: Sponsor duties and compliance.
SK3.11. You must not assign a CoS to a worker for a role which amounts to either:
SK3.12. If we have reasonable grounds to believe you have done so, we will not award points for sponsorship. If that happens, we will refuse the worker’s application and may take action against you.
SK3.13. For further information on contract working, see section S1 of Part 2: Sponsor a worker.
SK3.14. If the applicant is applying for entry clearance from outside the UK, or has been in the UK for less than one year at the date of application, they must show they have enough funds to support themselves and any family members in the UK.
SK3.15. If you are an A-rated sponsor, you can certify this requirement is met when you assign a CoS to them (also known as ‘certifying maintenance’). Otherwise, the applicant must provide evidence of funds as specified in Appendix Finance to the Immigration Rules.
SK3.16. For further information, see section S7 of Part 2: Sponsor a worker.
SK3.17. When you assign a CoS on the Skilled Worker route, you must check and confirm whether the worker needs to apply for an Academic Approval Technology Scheme (ATAS) certificate from the Foreign, Commonwealth and Development Office before they can start (or continue) working for you.
SK3.18. A Skilled Worker will need an ATAS certificate if all of the following are true:
SK3.19. If the worker needs an ATAS certificate, you should encourage them to apply for one as soon as possible, as they will need to include a copy of the certificate with their application for entry clearance or permission to stay. If they fail to do so, we will refuse their application and you may lose your sponsor licence (or licences).
SK3.20. For further information on the ATAS requirement, and your responsibilities in relation to it, see under ATAS requirement in section S7 of Part 2: Sponsor a worker.
SK3.21. If the applicant has, in the 12 months before the date of application, received an award from a Government or international scholarship agency covering both fees and maintenance, they must provide written consent to their application from that Government or agency. If they do not, we will reject their application as invalid.
SK3.22. Applicants must apply for entry clearance (a visa) to be able to come to the UK on this route. If they arrive in the UK without the relevant visa, they will be refused entry, even if they otherwise meet the requirements.
SK3.22A. If the worker you wish to sponsor will be applying for a visa from outside the UK, you must make a successful application for a ‘Defined’ CoS for the role before you can assign it to the worker.
SK3.23. Those already in the UK with permission on the Skilled Worker route can apply to extend their stay if they meet the relevant requirements – this could be to continue in the same employment or to change employer or employment. See section S9 of Part 2: Sponsor a worker for further information.
SK3.24. Individuals in the UK on another immigration route can ‘switch’ (change route) to the Skilled Worker route if they meet all the relevant immigration requirements and were not last granted permission:
SK3.25. If a worker you wish to sponsor is in the UK on any of the above routes, they will normally need to leave the UK and apply for entry clearance as a Skilled Worker.
SK3.26. Successful applicants will be granted entry clearance or permission to stay for the period of employment stated on their CoS, up to a maximum period of 5 years, plus any time before the start date on the CoS and 14 days after the end date. You cannot assign a CoS for longer than 5 years. Applications can be made up to 3 months before the start date
SK3.27. Workers who have been continuously and lawfully resident in the UK on the Skilled Worker route (or other eligible route) for 5 years or more may apply to settle in the UK permanently (known as ‘settlement’ or ‘indefinite leave to remain’). For details of the requirements, see paragraphs SW 19.1 to SW 25.2 of Appendix Skilled Worker.
SK3.28. You can find more information on the Skilled Worker visa pages on GOV.UK.
SK3.29. You should also refer to sections S7 to S9 of Part 2: Sponsor a worker for further information on immigration requirements, conditions of stay, extension applications and change of employment applications.
This section tells you how to ensure that any jobs you wish to sponsor workers for on the Skilled Worker route are at the appropriate skill level.
SK4.1. All applicants applying on the Skilled Worker route must score 20 points for having a job at the appropriate skill level. You can only sponsor a worker for a job which is listed as eligible for this route in either Table 1 or Table 2 of Appendix Skilled Occupations or is under occupation code 6145 (Care workers and home carers).
SK4.2. When you assign a Certificate of Sponsorship (CoS) on the Skilled Worker route, you must choose an appropriate occupation code for the job from Appendix Skilled Occupations. If you are not sure which occupation code to use, there is guidance on the Office for National Statistics website. It is your responsibility to ensure you choose the correct occupation code.
SK4.3. We will not award points to an applicant (and so will refuse their application) if we have reasonable grounds to believe you have chosen a less appropriate occupation code for any of the following reasons:
SK4.4. When assessing if you have chosen an inappropriate occupation code, we may consider a number of factors, including, but not limited to:
SK4.5. If we find you have provided false, misleading or otherwise incorrect information about the skill level of the job on a CoS, we will take compliance action against you.
This section provides an overview of the salary requirements you must meet to sponsor a person on the Skilled Worker route and how we will check that you are complying with these requirements. You must also read sections SK6 to SK8 of this guidance.
Content included in this section:
SK5.1. You must ensure any worker you sponsor on the Skilled Worker route is paid in line with the salary rates set out in the Immigration Rules and in this guidance. The relevant Immigration Rules are contained in paragraphs SW 8.2 to SW 14.6 of Appendix Skilled Worker. The going rates, where applicable, are set out in Tables 1 to 4 of Appendix Skilled Occupations.
SK5.2. These rates have been set to make sure the resident labour market is not undercut. They will be reviewed and updated regularly to reflect the latest available salary data.
SK5.3. If the amount you will pay the worker is below these rates, we will refuse their application for entry clearance or permission to stay.
SK5.4. If we grant permission to a sponsored worker, but later find that you stop paying, or have never paid, them in line with these rates, we will take action against you – this could include revoking your sponsor licence.
SK5.5. In addition to compliance visits, we will undertake regular checks with HMRC to ensure you are paying at least the salary you stated on the sponsored worker’s Certificate of Sponsorship (CoS), in any sponsor note you have added to the CoS, or in any other notification of a change in salary.
SK5.6. Unless a transitional arrangement or other exception applies, the salary you pay to the worker must meet or exceed all of the following:
SK5.7. If the going rate for the occupation is higher than the general salary threshold, you must pay the worker at least the going rate. If the going rate is lower than the general salary threshold, you must pay the worker at least the general salary threshold. In either case, you must pay at least the hourly rate (where this applies).
SK5.8. The general salary threshold is normally £25,600 per year. In some cases, you can pay less than this (at least £23,040 or £20,480 per year) if the worker scores tradeable points for attributes such as having a relevant PhD or being a new entrant.
SK5.9. The general salary threshold is calculated based on actual gross earnings, up to a maximum of 48 hours per week. See Calculation of general salary threshold for further information.
SK5.10. We will not grant permission to a worker if they will be paid less than the applicable general salary threshold. The only exception is where the worker is a pre-registration nurse or midwife working towards registration with the Nursing and Midwifery Council, where they can temporarily be paid less than £20,480 per year. See Sponsoring an overseas qualified nurse or midwife for further information.
SK5.11. For each eligible occupation code listed in Table 1 or Table 2 of Appendix Skilled Occupations, there is a ‘going rate’. The salary you pay to the worker must meet or exceed the applicable going rate. In some cases, you can pay 70, 80 or 90 per cent of the going rate if the worker scores tradeable points for attributes such as having a relevant PhD or being a new entrant.
SK5.12. The going rate is calculated and pro-rated based on the number of hours the applicant will actually work. See Calculation of going rate and hourly rate for further information.
SK5.13. Going rates are reviewed and updated regularly. Where the going rate for a specific occupation is increased, this does not affect Skilled Workers you are already sponsoring in that occupation for the duration of their current permission. The updated rate will apply to any application for entry clearance or permission to stay made on or after the date the change comes into effect, whether for new recruits or for existing workers applying to extend their stay or settle. There are specific transitional arrangements relating to the going rate for some occupations.
SK5.14. You must pay your sponsored workers at least £10.10 per hour if:
SK5.15. The hourly rate requirement does not apply if the worker will be sponsored in an eligible health or education occupation code listed in Table 2 of Appendix Skilled Occupations, or if they qualify under a transitional arrangement for hourly rate.
SK5.16. When you assign a CoS to a Skilled Worker, you must tell us the Pay As You Earn (PAYE) scheme reference number through which the worker will be paid. We will use this information to check with HMRC that you are paying the worker the amount you said you would. If the worker is not paid through PAYE, you must tell us why on the CoS.
SK5.17. Before you assign any CoS, we recommend you first add any PAYE scheme reference numbers through which you will be paying your sponsored workers to your licence, using the ‘PAYE References’ tab in your sponsorship management system (SMS) account. You will then be able to select the relevant PAYE scheme when you assign a CoS to a sponsored worker.
SK5.18. If the PAYE scheme through which you pay the worker changes, you do not need to report this to us in relation to the individual worker. You must, however, ensure that the new PAYE scheme is listed in your SMS account.
SK5.19. For further information on managing PAYE reference numbers, see Guide 9 in SMS Manual 2: manage your sponsorship licence.
This section tells you how an applicant on the Skilled Worker can score tradeable points for their salary and other attributes, such as having a relevant PhD or working in a shortage occupation. It also contains information on transitional arrangements.
Content in this section:
SK6.1. The worker must score 20 points for salary and other attributes from the table below. The worker can score points against only one option in this table. There is detailed information on each option below the table.
SK6.2. If the worker is not eligible for points against any of the options in the table above, you should refer to the transitional arrangements for salary.
SK6.3. You must also read the section on Calculation of salary for the rules on allowances and pro-rating.
SK6.4. An applicant can score 20 points under this option if:
their salary is equal to or exceeds all of:
SK6.5. An applicant can score 20 points under this option if:
their salary is equal to or exceeds all of:
SK6.6. When you assign a CoS to an applicant claiming points for this option, you must give a credible explanation of how their qualification is relevant to the job you are sponsoring them for. If you fail to provide a credible explanation, we will not award the points and will refuse the application. You must provide this explanation in any subsequent application for further permission to stay by the same applicant if they are claiming points under this option.
SK6.7. The applicant must provide evidence of the relevant qualification when they first apply for permission in the Skilled Worker route. They do not have to provide this evidence in any subsequent application, provided they were correctly awarded points in a previous grant of permission.
SK6.8.An applicant can score 20 points under this option if:
their salary is equal to or exceeds all of:
SK6.9. When you assign a CoS to an applicant claiming points for this option, you must give a credible explanation of:
SK6.10. If you fail to provide a credible explanation, we will not award the points and will refuse the application. You must provide this explanation in any subsequent application for further permission to stay by the same applicant, if they are claiming points under this option.
SK6.11. The applicant must provide evidence of the relevant qualification when they first apply for permission in the Skilled Worker route. They do not have to provide this evidence in any subsequent application, provided they were correctly awarded points in a previous grant of permission.
SK6.12. An applicant can score 20 points under this option if both of the following conditions are met:
they are being sponsored for a job in an appropriate eligible occupation code listed in Appendix Shortage Occupation List as being a shortage occupation in the nation of the UK where that job is based (the job or worker must also meet any additional requirements specified in that Appendix)
their salary is equal to or exceeds all of:
SK6.13. If the applicant’s job was removed from Appendix Shortage Occupation List on or before the date you assigned a CoS to them, all of the following conditions must be met to score points under this option:
SK6.14. An applicant can score 20 points under this option if they meet all of the following:
their salary is equal to or exceeds all of:
SK6.15. To meet the ‘new entrant’ criteria, the applicant must meet one of the following requirements:
the job offer is a postdoctoral position in any of the following occupation codes:
SK6.16. Where the applicant’s last grant of permission (other than as a Visitor) was as a Student (or on the Tier 4 (General) route in place before 5 October 2020), they must meet all of the following conditions to qualify under the new entrant option:
in that permission (or any previous permission as a Student or a Tier 4 (General) Student), the applicant was sponsored to study any of the following:
the applicant:
SK6.17. The applicant must be studying, or have studied, one of the courses listed above – equivalent-level qualifications are not acceptable.
SK6.18. The applicant will not qualify as a new entrant if granting their application would mean their combined period of permission as a Skilled Worker, Tier 2 Migrant and/or Graduate would exceed 4 years in total. This applies whether or not the 4-year period is continuous.
SK6.19. An applicant can claim 20 points under this option if:
SK6.20. An applicant with a job in a listed health or education occupation can only be awarded points from option F.
SK6.21. If you are sponsoring a pre-registration nurse under occupation code ‘2231 Nurses’ or a pre-registration midwife under occupation code ‘2232 Midwives’, you may temporarily (for up to 8 months) pay them less than £20,480 if certain conditions are met. For further information, see Sponsoring an overseas trained nurse or midwife.
SK6.22. If the applicant is not eligible for points under Options A to F above, you should check to see if they would qualify under any of the transitional arrangements below. These transitional arrangements also apply to settlement applications.
SK6.23. An applicant who is in the UK and applying for permission to stay can claim 20 points for their salary (or meet the salary requirement in a settlement application, if relevant) if:
their salary will be whichever is the higher of:
SK6.24. The other restrictions set out in this guidance (including the rules on allowances and pro-rating still apply. This transitional arrangement applies to applications for permission to stay (and settlement) made before 24 May 2023, after which it will end.
SK6.25. The £10.10 hourly rate requirement does not apply if the applicant:
SK6.26. All other salary requirements set out in this guidance must still be met.
SK6.27. If the applicant was sponsored to work in one of the occupation codes in the table below at the time they applied for their last permission as a Tier 2 (General) Migrant and has continued to be sponsored in that occupation code ever since (whether as a Tier 2 (General) Migrant or as a Skilled Worker), the going rates in the table below apply, instead of the going rates listed in Table 1 of Appendix Skilled Occupations.
SK6.28. These going rates are based on a 40-hour working week and must be pro-rated for other working patterns, based on the weekly working hours stated by you on the worker’s CoS.
SK6.29. This transitional arrangement applies to applications submitted before 1 December 2026, after which it will end. All other salary requirements set out in this guidance continue to apply.
This section provides information on how we calculate whether a salary meets the Skilled Worker requirements, including the rules on allowances and pro-rating.
Content in this section:
SK7.1. You must ensure you understand the rules on calculation of salary (including allowances and pro-rating). These apply to all tradeable points options and transitional arrangements, unless otherwise stated.
SK7.2. Subject to the transitional provision below, we will only take into account guaranteed basic gross pay (before income tax and including employee pension and national insurance contributions, and other guaranteed payments which are treated exactly the same as basic gross pay for tax, pension and national insurance purposes). We will not take into account other allowances, pay or benefits (even if they are guaranteed), such as any of the following:
SK7.3. When you enter the worker’s gross salary on their Certificate of Sponsorship (CoS), you must not include any allowances, such as those listed above, in the figure. If we find you have done so, and a transitional provision does not apply, we may revoke your licence.
SK7.4. If the worker is in the UK and is applying for permission to stay (or settlement), you may include guaranteed allowances in the salary figure entered on the worker’s CoS if all of the following conditions are met:
the worker was previously granted permission as a Tier 2 (General) Migrant and has had continuous permission as a Skilled Worker or Tier 2 (General) Migrant ever since
you sponsored the application which led to the worker’s last grant of permission and you are continuing to sponsor the worker; and
the allowances are guaranteed, will be paid for the duration of the worker’s permission, and would be paid to a local settled worker in similar circumstances, such as London weighting
SK7.5. The other restrictions outlined in this section (including on other allowances and pro-rating) still apply. The application for permission to stay (or settlement) must be made before 1 December 2026, after which this transitional provision will end.
SK7.6. The general salary threshold and going rates listed in the tradeable points table refer to annual salaries. If the applicant will be working in the UK for less than 12 months, we will pro-rate their gross actual earnings, as recorded on their CoS, to the equivalent annual figure to determine if they meet the salary requirements. For example, if the worker is assigned a CoS for 6 months, and their gross pay will be £2,500 per month, this would equate to a gross annual salary of £30,000.
SK7.7. When considering if the general salary threshold is met, we will only take into account salary for up to a maximum of 48 hours per week, even if the applicant works for longer than this. For example, a person who works 60 hours a week for £10.10 per hour will be considered to have a salary of £25,210 (10.1 x 48 x 52) and not £31,512 (10.1 x 60 x 52). They will therefore not meet the general salary threshold, unless eligible for tradeable points under Options B to F.
SK7.8. If the applicant will be working part-time, we will only consider their actual gross earnings to determine if they are being paid at least the general salary threshold – we will not pro-rate their salary to the equivalent full-time earnings. For example, if the applicant works 20 hours per week for £19 per hour, their annual salary will be £19,760 (20 x 19 x 52) and they will not meet the general salary threshold.
SK7.9. When assessing whether the applicant is being paid the going rate (and, where applicable, meets the £10.10 per hour salary requirement), we will take into account their full weekly working hours, as stated on their CoS, and pro-rate accordingly. This applies even if the applicant works more than 48 hours per week. The calculation we use depends on whether the occupation code is listed in Table 1 or Table 2 of Appendix Skilled Occupations.
SK7.10. Going rates for occupation codes listed in Table 1 of Appendix Skilled Occupations are based on a 39-hour week and will be pro-rated as follows:
(The going rate for the occupation code stated in Table 1 of Appendix Skilled Occupations) multiplied by (the number of weekly working hours stated by you on the applicant’s CoS) divided by 39
SK7.11. This means, for example:
SK7.12. If the applicant’s salary is required to be at least 70%, 80% or 90% of the going rate, the figure from the calculation above will be multiplied by 0.7, 0.8 or 0.9, as appropriate, to calculate the required salary under the going rate requirement. No reduction to 70%, 80% or 90% applies to the £10.10 per hour requirement.
SK7.13. If the applicant is being sponsored for a job in one of the health or education occupation codes listed in Table 2 of Appendix Skilled Occupations, they must be paid the full going rate. This will be pro-rated according to the number of weekly working hours stated by you on the CoS and the pro-rating rules set out in Tables 3 and 4 of Appendix Skilled Occupations.
This section tells you about your responsibilities if a sponsored worker takes unpaid leave or if you reduce their salary.
Content in this section:
SK8.1. Workers can take short periods of unpaid leave. However, you must normally stop sponsoring a worker if they are absent without pay for more than 4 weeks in total according to their normal working pattern, during any calendar year (1 January to 31 December), unless the absences are due to any of the following:
See ‘Unpaid leave’ in Part 2: Sponsor a worker for more information.
SK8.2. You can temporarily reduce the salary of a Skilled Worker or Tier 2 (General) Migrant you are currently sponsoring if the reduction coincides with one of the absences listed – for example, if you are paying them a reduced salary, or they are receiving statutory payments only, while they are on parental leave or sick leave.
SK8.3. If you wish to reduce the salary of a Skilled Worker or Tier 2 (General) Migrant in any other circumstances (either on a temporary or permanent basis), you must first check if you will need to assign them a new CoS, and if the worker will need to make a new application for entry clearance or permission to stay, before you can reduce their salary.
SK8.4. You do not need to assign a new CoS, and the worker does not need to make a new application, if you reduce the worker’s salary and any of the following are true:
the worker has permission as a Skilled Worker and, following the reduction in salary, they would score 20 points for the same tradeable points option as the option in which they scored the points which led to their current grant of permission:
SK8.5. Although the worker does not need new permission in the above circumstances, you must still let us know via your sponsorship management system (SMS) account that you have reduced their salary, and tell us what that salary is.
SK8.6. If you reduce the worker’s salary, and none of the exceptions outlined in this section apply, you cannot simply continue to sponsor the worker. If the revised salary is eligible for points on the Skilled Worker route, you must assign the worker a new CoS, and the worker must make a successful application for entry clearance or permission to stay before you can start to pay them at the reduced rate.
If the worker scored 20 points under Option A when they were last granted permission, and they obtain a relevant PhD while they are working for you, you cannot simply reduce their salary to the levels stated in Option B. You must assign a new CoS, and the worker must make a successful application (scoring 20 points under Option B) before you can start to pay them a reduced salary.
SK8.7. If the revised salary you intend to pay the worker would not meet the salary requirements for the Skilled Worker route, as set out in the Immigration Rules and in this guidance, you must stop sponsoring them and tell us you have done so via your SMS account.
SK8.8. Remember, we will make regular checks with HMRC to ensure you are paying the worker appropriately. If we find you are paying the worker less than you said you would, and the amount would not be eligible for points under the same tradeable points option which led to their current grant of permission, or the change is not otherwise permitted by the Immigration Rules or this guidance, we will revoke your licence
This section tells you about the specific requirements you must meet, and your additional sponsorship duties, if you wish to sponsor an overseas trained nurse or midwife on the Skilled Worker route.
Content in this section:
SK9.1. If you wish to sponsor an overseas-trained nurse under occupation code ‘2231 Nurses’ or an overseas-trained midwife under occupation code ‘2232 Midwives’, you must ensure they have completed, or will complete, the appropriate steps to achieve registration with the Nursing and Midwifery Council (NMC) within an 8-month timeframe. You may pay them less than the usual £20,480 minimum salary during this period – see ‘Salary for pre-registration nurses or midwives’ below.
SK9.2. A nurse or midwife trained outside the European Economic Area (EEA) or Switzerland must either hold a qualification that is comparable to the NMC’s standards of proficiency or pass the NMC test of competence. This test will assess the candidate’s qualifications, training and experience against the NMC’s standards to ensure they are capable of practising safely and effectively in the UK. It also considers whether the candidate has the necessary post-qualifying practice and experience in each appropriate area of nursing or midwifery.
SK9.3. A nurse or midwife trained inside the EEA who applies to register on or after 1 January 2021 and holds qualifications listed amongst those identified as meeting the requirements for automatic recognition in EU law under Annex V of Directive 2005/36/EC (select the table of contents on the left-hand side and then select Annex V from the list) will have their qualification recognised on a near-automatic basis. This will continue to be the case for up to 2 years from 1 January 2021. See the Guidance for EEA-qualified and Swiss healthcare professionals practising in the UK.
SK9.4. Swiss nationals, UK nationals settled in Switzerland, and their non-EEA dependants and spouses who started their nursing or midwifery training before 31 December 2020 and apply to register on or after 1 January 2021 and hold qualifications previously recognised on a near-automatic basis by EU law under Annex V of Directive 2005/36/EC (select the table of contents on the left-hand side and then select Annex V from the list) will have their qualification recognised on a near-automatic basis. This will continue to be the case for 4 years from 1 January 2021. See the guidance on the NMC website or visit the guidance for EEA-qualified and Swiss healthcare professionals practising in the UK on GOV.UK for more information.
SK9.5. Overseas-trained nurses and midwives being sponsored on the Skilled Worker route must complete NMC registration within 8 months of either:
SK9.6. If the worker fails to achieve NMC registration within 8 months of either of these dates, you must stop sponsoring them as a nurse or midwife. You must not sponsor a worker as a nurse or midwife if they have previously been sponsored by a different sponsor and have failed to achieve full NMC registration within the timeframe specified above.
SK9.7. Nurses sponsored under occupation code 2231 or midwives sponsored under occupation code 2232 must normally be paid in line with the rates under Tradeable points option F. However, you may temporarily pay a pre-registration nurse or midwife less than this (for up to 8 months) in either of the following circumstances:
the worker is working towards NMC registration and both of the following apply:
SK9.8. During this 8-month period, or until the worker achieves NMC registration (if sooner), the worker’s salary must be at least equal to the appropriate NHS Agenda for Change Band 3 rate, as stated in Table 3 of Appendix Skilled Occupations.
SK9.9. When you assign a CoS to a pre-registration nurse or midwife, you must confirm that you will stop sponsoring them as a nurse or midwife if they do not achieve full NMC registration within the 8-month timeframe.
SK9.10. Once the worker completes registration, you must pay them in line with rates stated under Tradeable points option F.
SK9.11. The information below summarises the steps a nurse or midwife trained outside the EEA or Switzerland must complete to demonstrate that they are capable of safe and effective practice as a nurse or midwife in the UK. You must ensure that the individual completes these steps within the 8-month timeframe outlined above if you wish to sponsor, or continue sponsoring, them. You should note this process is subject to change and you must also refer to the Trained outside the UK page on the NMC website for up-to-date details.
SK9.12. The registration process may be different for nurses or midwives trained within the EEA or Switzerland. See Register as a nurse or midwife on the NMC website for details.
SK9.13. Where required, the candidate will be invited to sit the OSCE in one of the approved NMC UK OSCE test centres.
SK9.14. Candidates may sit the OSCE up to 3 times as part of one application for registration.
SK9.15. If the candidate is unsuccessful, they must wait a minimum of 10 working days between attempts.
SK9.16. If the candidate is unsuccessful after their 3 permitted attempts, their OSCE application will close. If they still wish to register as a nurse or midwife, they will be required to submit a new application to the NMC but will not be able to sit the OSCE again for a minimum of 6 months.
SK9.17. A candidate who fails the OSCE 3 times is unlikely to be able to achieve their NMC registration within the 8-month timeframe. In such cases, you must stop sponsoring them as a nurse or midwife.
SK9.18. If you cease sponsorship for this or any other reason, you must tell us via your sponsorship management system (SMS) account within 10 working days. If you fail to do so, we may revoke your sponsor licence. See section C1 of Part 3: Sponsor duties and compliance for further information on your reporting duties.
SK9.19. Once the candidate completes all the registration requirements, the NMC will send them their registration number or personal identification number (PIN). You must retain a copy of their PIN notification.
SK9.20. You must tell us within 10 working days through your SMS account of the individual’s full NMC registration, confirmation they are now undertaking the role of a registered nurse or midwife, and their salary is equal to or exceeds both:
This section tells you about the criminal record certificate requirement that some applicants in the Skilled Worker route must meet to be granted entry clearance or permission to stay.
SK10.1. If the applicant is applying for entry clearance and is being sponsored for a job in any of the occupation codes listed below, they must provide a criminal record certificate from the relevant authority in any country in which they have been present for 12 months or more (whether continuously or in total) in the past 10 years, while aged 18 or over:
SK10.2. This requirement does not apply if, at the time of application, the applicant provides a satisfactory explanation as to why it is not reasonably practicable for them to obtain a criminal record certificate from any or all of the relevant authorities.
SK10.3. The requirement also applies to the partner of the Skilled Worker if they will be applying to accompany or join them. The requirement does not apply to dependent children (including adult children).
SK10.4. We advise you to inform prospective employees of this requirement as early as possible to ensure they are made aware in advance of applying for a visa, so that they have sufficient time to obtain the relevant documentation.
SK10.5. Further guidance about the requirement can be found on the ‘Criminal records check for overseas applicants’ page on the GOV.UK website.
This section tells you how to assign a valid Certificate of Sponsorship on the Skilled Worker route.
Content in this section:
SK11.1. If you have followed all the rules in this guidance and you wish to sponsor a worker on the Skilled Worker route, you must assign them a valid Certificate of Sponsorship (CoS), using your sponsorship management system (SMS) account.
SK11.2. Before assigning a CoS, you should satisfy yourself that the worker can meet the relevant the immigration requirements.
SK11.3. You cannot assign a CoS if you’re a B-rated sponsor, unless the worker is applying for permission to stay from within the UK and you sponsored the application which led to their last grant of permission. In all other cases, you must have an A-rating. For information on sponsor ratings, see Part 1: Apply for a licence.
SK11.4. There are 2 types of CoS you can assign on the Skilled Worker route, known as ‘Defined’ and ‘Undefined’ CoS.
SK11.5. If the person you wish to sponsor will be applying for entry clearance from outside the UK, you must first apply for a Defined CoS for them. You must wait until this application has been approved before you can assign the CoS to the worker. You can also apply for a Defined CoS if you have not yet identified a worker but think you may need to sponsor a worker from overseas.
SK11.6. If the person will be applying for permission to stay from within the UK, you must assign them an ‘Undefined’ CoS from your annual CoS allocation. If you do not have enough CoS left in your allocation to sponsor the worker, you can apply to increase your allocation: see SMS Manual 2: Manage your licence.
SK11.7. It is very important that you understand the difference between the 2 types of CoS. You must not assign:
SK11.8. If you assign the wrong type of CoS, or give false information on your application for a Defined CoS, we are likely to revoke your sponsor licence.
SK11.9. For more information on what a CoS is, and CoS allocations, see section S2 of Part 2: Sponsor a worker.
SK11.10. You can find detailed technical guidance on how to assign or apply for a CoS on GOV.UK: User manuals: sponsorship management system (SMS).
SK11.11. You must pay a fee for each CoS you assign – see the ‘UK visa fees’ page on GOV.UK for information on current fee levels.
SK11.12. Subject to certain exceptions, you will also need to pay an Immigration Skills Charge for each worker you sponsor – see section S5 of Part 2:sponsor a worker for more information.
SK11.13. Once you have assigned a CoS, the worker must use it within 3 months to apply for:
SK11.14. If the CoS was issued more than 3 months before the date of application, we may reject their application and not consider it.
SK11.15. The worker must not apply for a visa or permission to stay more than 3 months before the start date recorded on their CoS. If they do, we will refuse their application.
SK11.16. We will also refuse the application if the CoS:
SK11.17. For a CoS to be valid, it must meet the requirements set out in paragraphs SW 5.1 to SW 5.6 of Appendix Skilled Worker to the Immigration Rules.
SK11.18. It must confirm all of the following:
SK11.19. When you assign an Undefined CoS on the Skilled Worker route, you will be asked to select a ‘category’ from a drop-down list. The category you choose depends on the worker’s current immigration status and whether you will need to pay the Immigration Skills Charge (ISC) for them, as set out below:
SK11.20. You can normally assign a CoS for the period you intend to employ the worker, up to a maximum of 5 years.
SK11.21. If you are sponsoring a worker who will be claiming points for being a new entrant, the maximum period you can assign a CoS is 4 years (including time already spent in the UK as a new entrant on the Skilled Worker or Tier 2 (General) routes, or on the Graduate route).
SK11.22. If you assign a CoS to a worker under occupation code ‘2231 Nurses’ or ‘2232 Midwives’, the start date you give on their CoS should be the earliest date of:
SK11.23. You cannot sponsor a pre-registration nurse or midwife for longer than 8 months. You must confirm on the CoS that you will stop sponsoring the worker as a nurse or midwife if they do not achieve full NMC registration within 8 months of the job start date. See Sponsoring an overseas qualified nurse or midwife for further information.
SK11.24. For further information on start and end dates, see section S3 of Part 2: Sponsor a worker.
SK11.25. Once you have assigned a CoS to a worker, you must tell us if they fail to start their employment, are absent without permission, or there are any significant changes to the nature of their work or salary, or to your organisation. For full details of your reporting and other duties, see: Part 3: Sponsor duties and compliance.
SK11.26. You must also keep records for each worker you sponsor as specified in Appendix D to the sponsor guidance.
SK11.27. If you fail to meet these duties, we may revoke your sponsor licence.
This section tells you when and how to apply for a Defined Certificate of Sponsorship for a Skilled Worker.
Content in this section:
SK12.1. You must apply for a ‘Defined’ Certificate of Sponsorship (CoS) if the worker you wish to sponsor will be making their application for permission (entry clearance) from outside the UK. You can also apply for a Defined CoS if you have not yet identified a worker but think you may need to sponsor a worker from overseas.
SK12.2. You must not assign an Undefined CoS to a worker who will be applying for entry clearance – if you do, we are likely to revoke your licence.
SK12.3. You cannot apply for an annual allocation of Defined CoS. Instead, you must apply for a Defined CoS as and when you require one.
SK12.4. You cannot apply for a Defined CoS if your licence is B-rated or suspended.
SK12.5. A Defined CoS must otherwise meet all of the same requirements as an Undefined CoS to be valid and eligible for points.
SK12.6. You apply for a Defined CoS using your sponsorship management system (SMS) account. The application can only be made by a Level 1 user – see the ‘Key personnel’ section of Part 1: Apply for a licence for information on who can be a Level 1 user.
SK12.7. There is no additional fee to apply for a Defined CoS beyond the standard CoS fee.
SK12.8. When you make your application, you must fill in all mandatory fields marked with an asterisk (*). If you do not, you will not be able to send your application. The information you give about the role is the same as you would give if you were assigning a Skilled Worker Undefined CoS
SK12.9. You can find detailed information on how to complete a Defined CoS application, and how to assign a Defined CoS, in SMS Manual 12.
SK12.10. The salary you enter on the CoS must be a genuine reflection of what you intend to pay the worker. It must also be eligible for 20 points and meet all of the salary requirements of the Skilled Worker route. If it does not meet the requirements, we will reject the application.
SK12.11. If you have not identified a particular worker at the time you apply for a Defined CoS, you cannot assume the worker you eventually assign it to will be eligible for tradeable points under Options B (relevant PhD), C (relevant PhD in a STEM subject), or E (new entrant), unless you can provide a clear justification for this, for example:
SK12.12. You can include this additional information in the ‘Summary of job description’ text box. If you cannot provide a satisfactory justification, the salary you enter on the CoS must be eligible for points under Option A.
Note: In the ‘Summary of job description’ text box, you must also state the number of hours the successful candidate, or candidates, will work each week. If the working hours will vary, you must give details of what the working pattern will be. This will help us to confirm the stated salary meets the general threshold, going rate and hourly rate requirements. If you fail to give this information, we are likely to reject your application.
If the number of weekly hours is subject to negotiation or final agreement, you should enter the number of hours you would normally expect employees in a similar role to work each week, and enter “to be confirmed” (or a similar phrase) in brackets. You will be able to enter the correct number of hours when you assign the CoS to a worker.
SK12.13. If your application is straightforward and does not require any further information, we will normally decide your application for a Defined CoS within one working day.
SK12.14. We may check the information you send with your application before we can fully consider it – for example, if we have doubts about its validity or we are not sure if the role described on the CoS meets the requirements of the Skilled Worker route.
SK12.15. If we need to make any checks, we may ask you for more information or documents. You must send us any information or documents within the timescale specified in the request. If you do not, your application will be rejected and not considered. If you do send additional information or documents as requested, we will aim to consider this within 20 working days of receipt.
SK12.16. If your application for a Defined CoS is successful, it will be allocated to your SMS account, ready to be assigned to a worker.
SK12.17. We will reject your application for a Defined CoS if:
SK12.18. We will also reject your application, and may take action against you, if we have good reason to believe you have provided false or misleading information in your application.
SK12.19. Once we have allocated a Defined CoS to your SMS account, you will have 3 months to assign it to a worker. If you do not assign it within 3 months, it will be removed from your account. You should therefore only apply for a Defined CoS if you genuinely intend to assign it within 3 months.
SK12.20. Once you have assigned the CoS to a worker, they will then have 3 months to use it to support an application for entry clearance or permission to stay. If they do not use it within this period, it will be invalid and any application supported by it is likely to be rejected.
SK12.21. If you have any unassigned Defined CoS in your SMS account, and your licence is downgraded to a B rating, or is suspended, you will not be able to assign these CoS. They will be removed from your account at the end of 3 months (unless you regain your A-rating and assign them to a worker during that period).
SK12.22. If we find, after allocating you a Defined CoS, but before you have assigned it to a worker, that the application was in fact invalid, we will reclaim it from your SMS account. If you still need a Defined CoS, you will need to apply again.
SK12.23. When you apply for a Defined CoS, the information you give in your application, such as the salary and job description, will appear on the CoS that is allocated to you if your application is successful. When you are ready to assign that CoS to a worker, you will not be able to change any of these pre-populated fields.
SK12.24. You can, however, add a sponsor note to let us know of the following changes only:
SK12.25. These are the only changes you can make to a Defined CoS when you assign it. If anything else has changed, such as:

you must tell us so we can cancel the CoS
SK12.26. You must only assign a Defined CoS if you intend to employ the worker according to the details stated in the application you made for it, or in any sponsor note added in the circumstances permitted above. If we subsequently find that you gave false information in your application, we will revoke your sponsor licence. Examples include, but are not limited to, where:
This section tells you about sponsoring key health workers for a ‘Health and Care visa’.
Content in this section:
SK13.1. On 4 August 2020, the Government launched a ‘Health and Care visa’ for eligible health workers who have been trained to a recognised standard and have good English language skills. The Health and Care visa forms part of the Skilled Worker route.
SK13.2. The benefits of the Health and Care visa include:
SK13.3. If you wish to sponsor a Skilled Worker for a Health and Care visa, you must read the ‘Health and Care visa guidance’ on GOV.UK for detailed information on the eligibility criteria. You must be an eligible organisation, as set out in paragraph 2 of that guidance.
SK13.4. Only workers employed in the following occupation codes are eligible for the Health and Care visa:
SK13.5. If the worker will not be employed in one of the above occupation codes, they will not be eligible for the Health and Care visa and will have to qualify under the standard Skilled Worker rules (and pay the Immigration Health Charge).
SK13.6. Health and Care visa applicants must meet all of the standard immigration requirements of the Skilled Worker route, in addition to the specific Health and Care visa requirements.
SK13.7. When you assign a CoS to a Skilled Worker for a Health and Care visa, or apply for a Defined CoS that you intend to assign to such a worker, you must:
SK13.8. If you forget to include information about how the worker meets the criteria or your contractual arrangements (if relevant) in the ‘Summary of job description’ field, you must add a ‘sponsor note’ with this information after you have assigned the CoS.
SK13.9. If you are a private organisation providing services on behalf of the NHS, we may ask you to submit evidence of your arrangements with the NHS. You must give us this evidence if asked.
Don’t include personal or financial information like your National Insurance number or credit card details.
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