Staff and Short-term Workers_ sponsor a talented employee (accessible model)

Model 11/22

This doc varieties a part of the gathering ‘Staff and Short-term Staff: steering for sponsors’. It offers data for employers on easy methods to sponsor an individual on the Expert Employee immigration route.

This model of the steering is legitimate from 9 November 2022.

About this steering

The steering offers data for employers on easy methods to sponsor an individual on the Expert Employee immigration route.

The Expert Employee route permits employers to recruit individuals to work within the UK in a particular job in an eligible expert occupation. It changed the Tier 2 (Common) route from 1 December 2020.

Different steering you need to learn

To be sure to meet the entire related necessities and fulfil your sponsorship duties, you need to learn the next elements of the sponsor steering, along with this doc:

half 1: apply for a licence – this comprises detailed data on easy methods to apply for a sponsor licence and the way we assess purposes

half 2: sponsor a employee – this comprises detailed data on easy methods to sponsor Staff and Short-term Staff, together with easy methods to request and assign Certificates of Sponsorship, immigration necessities, and circumstances of keep

half 3: sponsor duties and compliance – this comprises detailed details about your duties as a licensed sponsor and the motion we are able to take when you fail to fulfill these duties

any related annexes or appendices referred to within the above paperwork

You possibly can entry all of those paperwork, and different data on sponsorship, on the Sponsorship: steering for employers and educators web page on GOV.UK.

This steering is topic to alter. When you have printed or downloaded a replica of this steering, examine the model quantity and date on GOV.UK to make sure you are utilizing probably the most up-to-date model.

Glossary

There’s a glossary of phrases used all through the sponsor steering (together with this doc) originally of half 1: apply for a licence.

The next extra phrases are used on this doc:

Expert Employee

This implies an individual who’s:

making use of for, or has been granted, entry clearance or permission to remain on the Expert Employee route

or who you might be sponsoring, or intend to sponsor, on that route

Expert Employee route

The route in Appendix Expert Employee to the Immigration Guidelines.

The place the context requires, it will probably additionally consult with the Tier 2 (Common) route in place earlier than 1 December 2020.

Tier 2 (Common) Migrant

An individual with permission on the Tier 2 (Common) route.

Tier 2 (Common) route

The route in Half 6A of the Immigration Guidelines in place earlier than 1 December 2020. This was the principle route for expert employees earlier than the launch of the Expert Employee route.

You’ll find earlier variations of the Immigration Guidelines within the Immigration Guidelines Archive on GOV.UK.

In the event you suppose this steering has factual errors or damaged hyperlinks, you’ll be able to e mail the Enterprise Helpdesk at BusinessHelpdesk@homeoffice.gov.uk.

When you have learn this steering, and the steering referred to above, and you continue to have any queries, you’ll be able to name us on 0300 123 4699 or e mail the Enterprise Helpdesk at BusinessHelpdesk@homeoffice.gov.uk.

Model quantity and publication

Beneath is data on the model variety of this steering and when it was printed:

model 11/22

printed on 9 November 2022

You possibly can view earlier variations of this steering on the Nationwide Archives web site.

Modifications to this steering

This model replaces model 04/22 (printed on 11 April 2022). The steering has been up to date to replicate adjustments to the Immigration Guidelines coming into drive on 9 November 2022, as set out in Assertion of Modifications HC 719 (printed on 18 October 2022) and to make another minor amendments and clarifications. Particulars of the adjustments are set out beneath:

SK1.2: clarification of the skill-level required for the Expert Employee route

SK1.9, SK2.1, SK2.3, SK3.25, SK8.1, SK8.2, SK11.8, SK13.3, SK13.4: minor drafting amendments

SK2.2A: new paragraph on including the Expert Employee path to an current licence

SK3.22A: new paragraph clarifying that sponsors should apply for a Outlined Certificates of Sponsorship (DCoS) if the employee can be making use of from exterior the UK

SK4.5: new paragraph clarifying we’ll take motion towards sponsors who present false or deceptive details about the ability degree of a job

SK5.13: amended to make clear what occurs if we improve the going fee for an occupation; the observe beforehand beneath this paragraph has been deleted

SK6.12: minor clarification the place the employee is claiming factors for a job in a scarcity occupation

SK7.2: paragraph amended to replicate a change to the Immigration Guidelines in how the final threshold is calculated, as set out in Assertion of Modifications HC 719

SK7.8: lacking phrase (“paid”) added to the primary sentence

SK7.13: observe beneath this paragraph (on transitional preparations for adjustments to going charges for sure occupations in April 2022) deleted

SK8.4: new bullet level added to replicate a change to Half 9 of the Immigration Guidelines (as set out in Assertion of Modifications HC 719), whereby a sponsored employee can have their wage briefly lowered the place this is because of a discount in hours or a phased return to work for particular person well being causes following an occupational well being evaluation

SK9.1, SK9.5, SK9.6: minor clarifications on sponsoring pre-registration nurses and midwives

SK11.19 (desk): minor drafting modification and observe added to penultimate row to clarify that an individual with present permission for the aim of examine doesn’t should be a graduate for the Immigration Expertise Cost exemption to use

SK12.10, SK12.12, SK12.17, SK12.18: references to “refusing” an utility for a DCoS have been modified to “rejecting” an utility, to reflect operational observe

SK12.12 (observe): clarification added that sponsors should present details about working hours if making use of for a DCoS, in any other case the appliance is more likely to be rejected

SK12.15: clarification that we if we request additional data in relation to a DCoS utility, we’ll goal to the appliance inside 20 working days of receipt of that data

SK12.17: new bullet level added to clarify we’ll reject a DCoS utility if we’re happy the wage or working preparations don’t adjust to UK Nationwide Minimal Wage or Working Time Rules

all through: different minor housekeeping adjustments

This part offers an outline of the Expert Employee route and the sponsorship necessities you need to meet.

What’s the Expert Employee route?

SK1.1. The Expert Employee route is the principle immigration route for abroad nationals who want to work within the UK. It permits UK-based employers to recruit abroad employees to fill a variety of expert vacancies within the UK.

SK1.2. A Expert Employee should have a job provide in an eligible expert occupation from a Dwelling Workplace-approved sponsor. Eligible jobs are typically these which contain a wide range of work actions, which can be complicated. They’re more likely to embrace appreciable duty and autonomy, and will embrace managing others. The job should usually be expert to degree 3 on the Regulated {Qualifications} Framework (RQF) for England and Northern Eire, or the equal degree in Wales or Scotland. This doesn’t imply the employee has to have a degree 3 qualification, however the job will contain the appliance of information and expertise at that degree.

SK1.3. You can too sponsor eligible healthcare professionals for the Well being and Care visa, which is a particular subcategory of the Expert Employee route.

SK1.4. All jobs sponsored on this route should meet the Expert Employee wage necessities.

SK1.5. Expert employees can carry their members of the family (associate and youngsters) to the UK and may apply to settle within the UK after 5 years’ steady lawful residence on this (or one other eligible) route.

SK1.6. You will want to sponsor any abroad nationwide you want to make use of if they don’t seem to be a ‘settled employee’ or don’t in any other case have immigration permission to be just right for you within the UK. This consists of most EU, EEA and Swiss nationals who arrived within the UK after 31 December 2020.

SK1.7. You would not have to sponsor sure classes of employee, together with:

Irish residents

EU, EEA and Swiss residents (and their eligible members of the family) who’ve been granted standing below the EU Settlement Scheme

individuals with indefinite depart to enter or stay within the UK (also called ‘settlement’)

SK1.8. This isn’t a whole record. For additional data on who does, and doesn’t, want sponsorship, see part S1 of Half 2: Sponsor a employee

SK1.9. In the event you want to sponsor a Expert Employee, you need to:

This part tells you concerning the necessities you need to meet to be eligible for a Expert Employee sponsor licence.

Common necessities

SK2.1. In the event you want to sponsor a Expert Employee, you need to maintain a sound sponsor licence for the Expert Employee route. If you don’t already maintain such a licence, you need to apply for one by finishing the web utility kind, paying the related utility price, and submitting the supporting proof laid out in Appendix A to the sponsor steering.

SK2.2. Earlier than making use of to your licence, it’s best to learn:

Half 1: Apply for a licence for detailed data on the final necessities and the appliance course of

this part for steering particular to the Expert Employee route

SK2.2A. In the event you already maintain a sound licence to sponsor employees, nevertheless it doesn’t embrace the Expert Employee route, you’ll be able to apply so as to add the Expert Employee path to that licence. You might have to pay an extra price for this. For additional data on including routes to your licence, see part L10 of Half 1: Apply for a licence.

SK2.3. In the event you already maintain a Expert Employee sponsor licence and it’s as a consequence of expire inside the subsequent 90 days, it’s best to apply now to resume it. See part C5 of Half 3: Sponsor duties and compliance for steering on renewing your licence.

Particular necessities for a Expert Employee licence

SK2.4. Along with the final necessities for a sponsor licence set out in Half 1: Apply for a licence, to be eligible for a Expert Employee sponsor licence, you need to be capable to provide employment that:

SK2.5. Because the sponsor, you’ll usually be the employer and due to this fact liable for paying the sponsored employee. We recognise there are particular circumstances, similar to in elements of the artistic sector, the place there isn’t a direct employer-employee relationship. In such circumstances, the employee should nonetheless have a sponsor that’s in a position and prepared to just accept the entire duties and duties related to being their sponsor.

SK2.6. There will even be circumstances the place there’s a clear statutory relationship between the using physique and a publicly funded physique, the place the publicly funded physique can intervene within the operating or funding of the using or paying physique. In these instances, the publicly funded physique might be the sponsor.

There are 2 examples of this:

Instance 1 A neighborhood authority has powers of management and course over self-governing colleges, so the native authority can sponsor academics in these colleges.

Instance 2 A Strategic Well being Authority, via its Deanery, Native Schooling and Coaching Board (LETB), supplier, or commissioning organisation, has funding management of coaching posts for medical doctors and dentists inside NHS Trusts, although it’s not the paying physique. On this case, the Deanery or LETB might be the sponsor.

SK2.7. The place a employee shouldn’t be your direct worker, we’ll look intently on the association to be sure to can fulfil your sponsor duties and we’ll take motion towards you if we discover you aren’t. For additional data, see:

Working for a 3rd occasion on this doc

‘Engaged on a contract foundation’ in part S1 of Half 2: Sponsor a employee

Methods to hold your licence

SK2.8. If you’re granted a licence, you need to adjust to your entire sponsor duties. If you don’t, we could take motion towards you, together with:

downgrading your licence score

suspending your licence

revoking your licence

reporting you to the police or different related authorities

SK2.9. For particulars, see Half 3: Sponsor duties and compliance.

SK3. Immigration necessities for Expert Staff

This part tells you concerning the immigration necessities Expert Staff should meet and the place you could find additional data.

Overview

SK3.1. Individuals who want to come to the UK on the Expert Employee route should meet the necessities in Appendix Expert Employee to the Immigration Guidelines.

SK3.2. These necessities embrace that the applicant:

SK3.3. This isn’t the complete record of necessities – you need to consult with the related Immigration Guidelines for these.

Factors requirement

SK3.4. All candidates on the Expert Employee route should rating 70 ‘factors’ to be eligible. This consists of 50 factors for necessary or ‘non-tradeable’ standards, and 20 factors for ‘tradeable’ standards.

SK3.5. The necessary standards are set out within the desk beneath. All candidates on the Expert Employee route should rating 50 factors from this desk:

Factors sort Description Factors out there Sponsorship The applicant should have a sound Certificates of Sponsorship for the function they want to undertake. The function should meet the genuineness and (the place related) the third-party working guidelines. 20 Job at an applicable ability degree The job have to be in an eligible occupation code listed in Appendix Expert Occupations or below occupation code 6145 (Care employees – see the ‘Ability degree’ part of this doc. 20 English language The applicant should have English language expertise at degree B1 or larger on the Widespread European Framework of Reference for language in all 4 parts (talking, listening, studying, writing), as laid out in Appendix English Language. For steering on proving this requirement, see ‘Data of English’ on GOV.UK 10

SK3.6. Along with scoring 50 factors for the above standards, the applicant should additionally rating 20 ‘tradeable’ factors primarily based on:

their wage and

different standards, similar to related tutorial {qualifications} held by them, being sponsored to work in a scarcity occupation or an eligible well being or training occupation, or as a result of they’re a ‘new entrant’ to the UK’s labour market

SK3.7. For additional data on wage requirement, see sections SK5 to SK8 of this doc.

Genuineness requirement

SK3.8. We is not going to award factors for sponsorship if we’ve affordable grounds to imagine that the job:

doesn’t exist

is a sham

or has been created primarily so the employee can apply for entry clearance or permission to remain

SK3.9. In the event you assign a CoS for a job which isn’t real, we’ll refuse the employee’s utility and we could take motion towards you.

SK3.10. For additional data on real vacancies, see part C1 of Half 3: Sponsor duties and compliance.

Working for a 3rd occasion

SK3.11. You will need to not assign a CoS to a employee for a job which quantities to both:

the rent of the applicant to a 3rd occasion who shouldn’t be the sponsor to fill a place with that occasion, whether or not short-term or everlasting; or

contract work to undertake an ongoing routine function or to offer an ongoing routine service for a 3rd occasion who shouldn’t be the sponsor, whatever the nature or size of any association between the sponsor and the third occasion

SK3.12. If we’ve affordable grounds to imagine you could have performed so, we is not going to award factors for sponsorship. If that occurs, we’ll refuse the employee’s utility and will take motion towards you.

SK3.13. For additional data on contract working, see part S1 of Half 2: Sponsor a employee.

Monetary requirement

SK3.14. If the applicant is making use of for entry clearance from exterior the UK, or has been within the UK for lower than one 12 months on the date of utility, they have to present they’ve sufficient funds to help themselves and any members of the family within the UK.

SK3.15. If you’re an A-rated sponsor, you’ll be able to certify this requirement is met once you assign a CoS to them (also called ‘certifying upkeep’). In any other case, the applicant should present proof of funds as laid out in Appendix Finance to the Immigration Guidelines.

SK3.16. For additional data, see part S7 of Half 2: Sponsor a employee.

ATAS requirement

SK3.17. Once you assign a CoS on the Expert Employee route, you need to examine and make sure whether or not the employee wants to use for an Tutorial Approval Know-how Scheme (ATAS) certificates from the International, Commonwealth and Improvement Workplace earlier than they will begin (or proceed) working for you.

SK3.18. A Expert Employee will want an ATAS certificates if the entire following are true:

you might be additionally licensed as a Scholar sponsor

the employee shouldn’t be an exempt nationwide

you might be sponsoring the employee in a related occupation code

the work entails analysis at PhD degree or above in related topic space

SK3.19. If the employee wants an ATAS certificates, it’s best to encourage them to use for one as quickly as attainable, as they might want to embrace a replica of the certificates with their utility for entry clearance or permission to remain. In the event that they fail to take action, we’ll refuse their utility and you could lose your sponsor licence (or licences).

SK3.20. For additional data on the ATAS requirement, and your duties in relation to it, see below ATAS requirement in part S7 of Half 2: Sponsor a employee.

SK3.21. If the applicant has, within the 12 months earlier than the date of utility, acquired an award from a Authorities or worldwide scholarship company masking each charges and upkeep, they have to present written consent to their utility from that Authorities or company. If they don’t, we’ll reject their utility as invalid.

Entry requirement

SK3.22. Candidates should apply for entry clearance (a visa) to have the ability to come to the UK on this route. In the event that they arrive within the UK with out the related visa, they are going to be refused entry, even when they in any other case meet the necessities.

SK3.22A. If the employee you want to sponsor can be making use of for a visa from exterior the UK, you need to make a profitable utility for a ‘Outlined’ CoS for the function earlier than you’ll be able to assign it to the employee.

Extension of permission

SK3.23. These already within the UK with permission on the Expert Employee route can apply to increase their keep in the event that they meet the related necessities – this might be to proceed in the identical employment or to alter employer or employment. See part S9 of Half 2: Sponsor a employee for additional data.

‘Switching’

SK3.24. People within the UK on one other immigration route can ‘swap’ (change route) to the Expert Employee route in the event that they meet all of the related immigration necessities and weren’t final granted permission:

as a Customer

as a Quick-term scholar

as a Dad or mum of a Baby Scholar

as a Seasonal Employee

as a Home Employee in a Personal Family

exterior the Immigration Guidelines

SK3.25. If a employee you want to sponsor is within the UK on any of the above routes, they’ll usually want to go away the UK and apply for entry clearance as a Expert Employee.

Interval of grant

SK3.26. Profitable candidates can be granted entry clearance or permission to remain for the interval of employment acknowledged on their CoS, as much as a most interval of 5 years, plus any time earlier than the beginning date on the CoS and 14 days after the tip date. You can not assign a CoS for longer than 5 years. Purposes might be made as much as 3 months earlier than the beginning date

Settlement

SK3.27. Staff who’ve been constantly and lawfully resident within the UK on the Expert Employee route (or different eligible route) for five years or extra could apply to settle within the UK completely (generally known as ‘settlement’ or ‘indefinite depart to stay’). For particulars of the necessities, see paragraphs SW 19.1 to SW 25.2 of Appendix Expert Employee.

Additional data on immigration necessities

SK3.28. You’ll find extra data on the Expert Employee visa pages on GOV.UK.

SK3.29. You must also consult with sections S7 to S9 of Half 2: Sponsor a employee for additional data on immigration necessities, circumstances of keep, extension purposes and alter of employment purposes.

SK4. Ability degree requirement for Expert Staff

This part tells you ways to make sure that any jobs you want to sponsor employees for on the Expert Employee route are on the applicable ability degree.

SK4.1. All candidates making use of on the Expert Employee route should rating 20 factors for having a job on the applicable ability degree. You possibly can solely sponsor a employee for a job which is listed as eligible for this route in both Desk 1 or Desk 2 of Appendix Expert Occupations or is below occupation code 6145 (Care employees and residential carers).

SK4.2. Once you assign a Certificates of Sponsorship (CoS) on the Expert Employee route, you need to select an applicable occupation code for the job from Appendix Expert Occupations. If you’re unsure which occupation code to make use of, there may be steering on the Workplace for Nationwide Statistics web site. It’s your duty to make sure you select the right occupation code.

SK4.3. We is not going to award factors to an applicant (and so will refuse their utility) if we’ve affordable grounds to imagine you could have chosen a much less applicable occupation code for any of the next causes:

probably the most applicable occupation code for the job shouldn’t be eligible on the Expert Employee route

probably the most applicable occupation code for the job has the next going fee than the wage you plan to pay the employee

the applicant can be claiming factors for a job in a scarcity occupation and probably the most applicable occupation code shouldn’t be a scarcity occupation

the applicant is claiming factors for an academic qualification (Possibility B or Possibility C) and probably the most applicable occupation code shouldn’t be listed as “eligible for PhD factors” in Desk 1 of Appendix Expert Occupations

SK4.4. When assessing you probably have chosen an inappropriate occupation code, we could think about a lot of elements, together with, however not restricted to:

whether or not you could have proven a real want for the job as described

whether or not the applicant has the suitable expertise, {qualifications} and expertise wanted to do the job as described within the CoS

your historical past of compliance with the immigration system together with, however not restricted to, paying your sponsored employees appropriately

any extra data you could present

SK4.5. If we discover you could have offered false, deceptive or in any other case incorrect details about the ability degree of the job on a CoS, we’ll take compliance motion towards you.

SK5. Wage necessities for Expert Staff: overview

This part offers an outline of the wage necessities you need to meet to sponsor an individual on the Expert Employee route and the way we’ll examine that you’re complying with these necessities. You will need to additionally learn sections SK6 to SK8 of this steering.

Guiding rules

SK5.1. You will need to guarantee any employee you sponsor on the Expert Employee route is paid in keeping with the wage charges set out within the Immigration Guidelines and on this steering. The related Immigration Guidelines are contained in paragraphs SW 8.2 to SW 14.6 of Appendix Expert Employee. The going charges, the place relevant, are set out in Tables 1 to 4 of Appendix Expert Occupations.

SK5.2. These charges have been set to ensure the resident labour market shouldn’t be undercut. They are going to be reviewed and up to date usually to replicate the most recent out there wage information.

SK5.3. If the quantity you’ll pay the employee is beneath these charges, we’ll refuse their utility for entry clearance or permission to remain.

SK5.4. If we grant permission to a sponsored employee, however later discover that you simply cease paying, or have by no means paid, them in keeping with these charges, we’ll take motion towards you – this might embrace revoking your sponsor licence.

SK5.5. Along with compliance visits, we’ll undertake common checks with HMRC to make sure you are paying not less than the wage you acknowledged on the sponsored employee’s Certificates of Sponsorship (CoS), in any sponsor observe you could have added to the CoS, or in another notification of a change in wage.

How a lot do you need to pay a Expert Employee?

SK5.6. Until a transitional association or different exception applies, the wage you pay to the employee should meet or exceed the entire following:

the final wage threshold – for many jobs, that is not less than £25,600 per 12 months

the relevant going fee for the occupation

the place relevant, the minimal hourly fee (not less than £10.10 per hour)

SK5.7. If the going fee for the occupation is larger than the final wage threshold, you need to pay the employee not less than the going fee. If the going fee is decrease than the final wage threshold, you need to pay the employee not less than the final wage threshold. In both case, you need to pay not less than the hourly fee (the place this is applicable).

Common wage threshold

SK5.8. The overall wage threshold is generally £25,600 per 12 months. In some instances, you’ll be able to pay lower than this (not less than £23,040 or £20,480 per 12 months) if the employee scores tradeable factors for attributes similar to having a related PhD or being a brand new entrant.

SK5.9. The overall wage threshold is calculated primarily based on precise gross earnings, as much as a most of 48 hours per week. See Calculation of basic wage threshold for additional data.

SK5.10. We is not going to grant permission to a employee if they are going to be paid lower than the relevant basic wage threshold. The one exception is the place the employee is a pre-registration nurse or midwife working in direction of registration with the Nursing and Midwifery Council, the place they will briefly be paid lower than £20,480 per 12 months. See Sponsoring an abroad certified nurse or midwife for additional data.

Going fee

SK5.11. For every eligible occupation code listed in Desk 1 or Desk 2 of Appendix Expert Occupations, there’s a ‘going fee’. The wage you pay to the employee should meet or exceed the relevant going fee. In some instances, you’ll be able to pay 70, 80 or 90 per cent of the going fee if the employee scores tradeable factors for attributes similar to having a related PhD or being a brand new entrant.

SK5.12. The going fee is calculated and pro-rated primarily based on the variety of hours the applicant will truly work. See Calculation of going fee and hourly fee for additional data.

SK5.13. Going charges are reviewed and up to date usually. The place the going fee for a particular occupation is elevated, this doesn’t have an effect on Expert Staff you might be already sponsoring in that occupation at some stage in their present permission. The up to date fee will apply to any utility for entry clearance or permission to remain made on or after the date the change comes into impact, whether or not for brand new recruits or for current employees making use of to increase their keep or settle. There are particular transitional preparations regarding the going fee for some occupations.

Hourly fee

SK5.14. You will need to pay your sponsored employees not less than £10.10 per hour if:

the employee made their utility for entry clearance or permission to remain on or after 6 April 2021

the employee didn’t maintain permission as a Expert Employee or Tier 2 (Common) Migrant below the Guidelines in place earlier than 6 April 2021 (or, in the event that they did, has not held steady permission on these routes since they had been granted such permission)

you’ll be sponsoring the employee in an occupation code listed in Desk 1 of Appendix Expert Occupations

SK5.15. The hourly fee requirement doesn’t apply if the employee can be sponsored in an eligible well being or training occupation code listed in Desk 2 of Appendix Expert Occupations, or in the event that they qualify below a transitional association for hourly fee.

PAYE reference numbers

SK5.16. Once you assign a CoS to a Expert Employee, you need to inform us the Pay As You Earn (PAYE) scheme reference quantity via which the employee can be paid. We are going to use this data to examine with HMRC that you’re paying the employee the quantity you stated you’d. If the employee shouldn’t be paid via PAYE, you need to inform us why on the CoS.

SK5.17. Earlier than you assign any CoS, we advocate you first add any PAYE scheme reference numbers via which you’ll be paying your sponsored employees to your licence, utilizing the ‘PAYE References’ tab in your sponsorship administration system (SMS) account. You’ll then be capable to choose the related PAYE scheme once you assign a CoS to a sponsored employee.

SK5.18. If the PAYE scheme via which you pay the employee adjustments, you do not want to report this to us in relation to the person employee. You will need to, nonetheless, be certain that the brand new PAYE scheme is listed in your SMS account.

SK5.19. For additional data on managing PAYE reference numbers, see Information 9 in SMS Guide 2: handle your sponsorship licence.

SK6. Tradeable factors for wage

This part tells you ways an applicant on the Expert Employee can rating tradeable factors for his or her wage and different attributes, similar to having a related PhD or working in a scarcity occupation. It additionally comprises data on transitional preparations.

Desk of tradeable factors for wage

SK6.1. The employee should rating 20 factors for wage and different attributes from the desk beneath. The employee can rating factors towards just one choice on this desk. There’s detailed data on every choice beneath the desk.

Possibility Necessities Possibility A: wage solely The applicant’s wage equals or exceeds all of:

* £25,600 per 12 months

* the going fee for the occupation code; and

* £10.10 per hour Possibility B: related PhD PhD in a topic related to the job and the applicant’s wage equals or exceeds all of:

* £23,040 per 12 months

* 90% of the going fee for the occupation code; and

* £10.10 per hour Possibility C: related STEM PhD PhD in a Science, Know-how, Engineering or Arithmetic (STEM) topic related to the job and the applicant’s wage equals or exceeds all of:

* £20,480 per 12 months

* 80% of the going fee for the occupation code; and

* £10.10 per hour Possibility D: scarcity occupation Job in a listed scarcity occupation and the applicant’s wage equals or exceeds all of:

* £20,480 per 12 months

* 80% of the going fee for the occupation code, for occupations the place a going fee is specified, and

* £10.10 per hour Possibility E: new entrant Applicant is a brand new entrant to the labour market and their wage equals or exceeds all of:

* £20,480 per 12 months

* 70% of the going fee for the occupation code; and

* £10.10 per hour Possibility F: listed well being or training occupation Job in a listed well being or training occupation and the applicant’s wage equals or exceeds each:

* £20,480 per 12 months; and

* the going fee for the occupation code

You possibly can briefly pay a pre-registration nurse or midwife beneath these charges if sure circumstances are met.

SK6.2. If the employee shouldn’t be eligible for factors towards any of the choices within the desk above, it’s best to consult with the transitional preparations for wage.

SK6.3. You will need to additionally learn the part on Calculation of wage for the principles on allowances and pro-rating.

Tradeable factors choice A: wage solely

SK6.4. An applicant can rating 20 factors below this feature if:

they’re being sponsored for a job in an applicable eligible occupation code listed in Desk 1 of Appendix Expert Occupations; and

their wage is the same as or exceeds all of: £25,600 per 12 months the going fee for the related occupation code; and £10.10 per hour – until coated by a transitional association

Tradeable factors choice B: eligible PhD

SK6.5. An applicant can rating 20 factors below this feature if:

they’re being sponsored for a job in an applicable occupation code listed as being ‘eligible for PhD factors’ in Desk 1 of Appendix Expert Occupations.

they’ve a related UK PhD or different tutorial doctoral qualification, or an abroad tutorial qualification which Ecctis (previously UK NARIC) confirms meets the recognised commonplace of a UK PhD

their wage is the same as or exceeds all of: £23,040 per 12 months 90% of the going fee for the related occupation code; and £10.10 per hour – until coated by a transitional association

SK6.6. Once you assign a CoS to an applicant claiming factors for this feature, you need to give a reputable rationalization of how their qualification is related to the job you might be sponsoring them for. In the event you fail to offer a reputable rationalization, we is not going to award the factors and can refuse the appliance. You will need to present this rationalization in any subsequent utility for additional permission to remain by the identical applicant if they’re claiming factors below this feature.

SK6.7. The applicant should present proof of the related qualification after they first apply for permission within the Expert Employee route. They don’t have to offer this proof in any subsequent utility, offered they had been appropriately awarded factors in a earlier grant of permission.

Tradeable factors choice C: PhD in a related STEM topic

SK6.8.An applicant can rating 20 factors below this feature if:

they’re being sponsored for a job in an applicable occupation code listed as being “eligible for PhD factors” in Desk 1 of Appendix Expert Occupations.

they’ve a related UK PhD or different tutorial doctoral qualification, or an abroad tutorial qualification which Ecctis (previously UK NARIC) confirms meets the recognised commonplace of a UK PhD

the qualification in query is in a Science, Know-how, Engineering or Arithmetic (STEM) topic; and

their wage is the same as or exceeds all of: £20,480 per 12 months 80% of the going fee for the related occupation code; and £10.10 per hour – until coated by a transitional association

SK6.9. Once you assign a CoS to an applicant claiming factors for this feature, you need to give a reputable rationalization of:

how their qualification is related to the job you might be sponsoring them for; and

that the qualification in query is in a STEM topic

SK6.10. In the event you fail to offer a reputable rationalization, we is not going to award the factors and can refuse the appliance. You will need to present this rationalization in any subsequent utility for additional permission to remain by the identical applicant, if they’re claiming factors below this feature.

SK6.11. The applicant should present proof of the related qualification after they first apply for permission within the Expert Employee route. They don’t have to offer this proof in any subsequent utility, offered they had been appropriately awarded factors in a earlier grant of permission.

Tradeable factors choice D: job is in a scarcity occupation

SK6.12. An applicant can rating 20 factors below this feature if each of the next circumstances are met:

they’re being sponsored for a job in an applicable eligible occupation code listed in Appendix Scarcity Occupation Record as being a scarcity occupation within the nation of the UK the place that job relies (the job or employee should additionally meet any extra necessities laid out in that Appendix)

their wage is the same as or exceeds all of: £20,480 per 12 months whether it is listed in Desk 1 of Appendix Expert Occupations, 80% of the going fee for the occupation code £10.10 per hour – until coated by a transitional association

SK6.13. If theapplicant’s job was faraway from Appendix Scarcity Occupation Record on or earlier than the date you assigned a CoS to them, the entire following circumstances have to be met to attain factors below this feature:

the applicant’s most up-to-date permission was as a Expert Employee (or within the Tier 2 (Common) route that preceded Expert Employee)

the applicant was sponsored to work in a scarcity occupation below the Guidelines in drive at the moment

you sponsored the appliance which led to their earlier permission

you might be persevering with to sponsor them to work in the identical function as of their earlier permission

Tradeable factors choice E: new entrant to the labour market

SK6.14. An applicant can rating 20 factors below this feature in the event that they meet the entire following:

they’re being sponsored for a job in an applicable eligible occupation code listed in Desk 1 of Appendix Expert Occupations

they meet one of many ‘new entrant’ standards set out beneath; and

their wage is the same as or exceeds all of: £20,480 per 12 months 70% of the going fee for the related occupation code; and £10.10 per hour – until coated by a transitional association

SK6.15. To fulfill the ‘new entrant’ standards, the applicant should meet one of many following necessities:

the applicant is below the age of 26 on the date they’ll apply for entry clearance or permission to remain

the job provide is a postdoctoral place in any of the next occupation codes: 2111 Chemical scientists 2112 Organic scientists and biochemists 2113 Bodily scientists 2114 Social and humanities scientists 2119 Pure and social science professionals not elsewhere labeled 2311 Increased training instructing professionals

the job provide is in a UK Regulated Career and the applicant is working in direction of a recognised skilled qualification for that occupation

the applicant is working in direction of full registration or chartered standing with the related skilled physique for the job they’re being sponsored for

the appliance is being made within the UK and the applicant’s most up-to-date permission was as a Tier 1 (Graduate Entrepreneur) Migrant

the applicant’s most up-to-date permission, apart from as a Customer, was on the Graduate route and that permission is both present or expired lower than 2 years earlier than the date of utility; or

the applicant’s most up-to-date permission, apart from as a Customer, was as a Scholar (together with as a Tier 4 (Common) Scholar) they usually meet the extra necessities beneath.

Further necessities for these final granted as a Scholar

SK6.16. The place the applicant’s final grant of permission (apart from as a Customer) was as a Scholar (or on the Tier 4 (Common) route in place earlier than 5 October 2020), they have to meet the entire following circumstances to qualify below the brand new entrant choice:

that permission should both be present or have expired lower than 2 years earlier than the date of utility

in that permission (or any earlier permission as a Scholar or a Tier 4 (Common) Scholar), the applicant was sponsored to check any of the next: a UK bachelor’s diploma a UK grasp’s diploma a UK PhD or different doctoral qualification a Postgraduate Certificates in Schooling a Skilled Graduate Diploma of Schooling

the applicant: has accomplished the related course talked about above is making use of not more than 3 months earlier than they’re anticipated to finish the related course above; or is learning a PhD and has accomplished not less than 12 months’ examine within the UK in direction of that PhD

SK6.17. The applicant have to be learning, or have studied, one of many programs listed above – equivalent-level {qualifications} aren’t acceptable.

SK6.18. The applicant is not going to qualify as a brand new entrant if granting their utility would imply their mixed interval of permission as a Expert Employee, Tier 2 Migrant and/or Graduate would exceed 4 years in whole. This is applicable whether or not or not the 4-year interval is steady.

Tradeable factors choice F: eligible well being or training occupation

SK6.19. An applicant can declare 20 factors below this feature if:

they’re being sponsored for a job in an applicable eligible occupation code listed in Desk 2 of Appendix Expert Occupations; and

their wage is the same as or exceeds each: £20,480 per 12 months; and the going fee for the related occupation code

SK6.20. An applicant with a job in a listed well being or training occupation can solely be awarded factors from choice F.

SK6.21. If you’re sponsoring a pre-registration nurse below occupation code ‘2231 Nurses’ or a pre-registration midwife below occupation code ‘2232 Midwives’, you could briefly (for as much as 8 months) pay them lower than £20,480 if sure circumstances are met. For additional data, see Sponsoring an abroad educated nurse or midwife.

Transitional preparations for wage

SK6.22. If the applicant shouldn’t be eligible for factors below Choices A to F above, it’s best to examine to see if they might qualify below any of the transitional preparations beneath. These transitional preparations additionally apply to settlement purposes.

Unique CoS assigned earlier than 24 November 2016

SK6.23. An applicant who’s within the UK and making use of for permission to remain can declare 20 factors for his or her wage (or meet the wage requirement in a settlement utility, if related) if:

they had been beforehand granted permission as a Tier 2 (Common) Migrant primarily based on a CoS assigned to them by their sponsor earlier than 24 November 2016

they’ve had steady permission as a Expert Employee or Tier 2 (Common) Migrant ever since; and

their wage can be whichever is the upper of: £20,800 or above; or not less than the going fee for the occupation code by which they’re being sponsored

SK6.24. The opposite restrictions set out on this steering (together with the principles on allowances and pro-rating nonetheless apply. This transitional association applies to purposes for permission to remain (and settlement) made earlier than 24 Could 2023, after which it would finish.

Transitional association for hourly fee

SK6.25. The £10.10 hourly fee requirement doesn’t apply if the applicant:

utilized for entry clearance or permission to remain earlier than 6 April 2021; or

was granted permission as a Expert Employee (or Tier 2 (Common) Migrant) below the Guidelines in place earlier than 6 April 2021), and has had steady permission as a Expert Employee (or as a Tier 2 (Common) Migrant) since then

SK6.26. All different wage necessities set out on this steering should nonetheless be met.

Transitional association for going charges

SK6.27. If the applicant was sponsored to work in one of many occupation codes within the desk beneath on the time they utilized for his or her final permission as a Tier 2 (Common) Migrant and has continued to be sponsored in that occupation code ever since (whether or not as a Tier 2 (Common) Migrant or as a Expert Employee), the going charges within the desk beneath apply, as an alternative of the going charges listed in Desk 1 of Appendix Expert Occupations.

SK6.28. These going charges are primarily based on a 40-hour working week and have to be pro-rated for different working patterns, primarily based on the weekly working hours acknowledged by you on the employee’s CoS.

SK6.29. This transitional association applies to purposes submitted earlier than 1 December 2026, after which it would finish. All different wage necessities set out on this steering proceed to use.

Occupation code Going fee – choice A 90% of going fee – choice B 80% of going fee – choices C and D 70% of going fee – choice E 2113 Bodily scientists £29,000 (£13.94 per hour) £26,100 (£12.55 per hour) £23,200 (£11.15 per hour) £20,300 (£9.76 per hour) 2119 Pure and social science professionals not elsewhere labeled £29,000 (£13.94 per hour) £26,100 (£12.55 per hour) £23,200 (£11.15 per hour) £20,300 (£9.76 per hour) 2311 Increased training instructing professionals £33,000 (£15.87 per hour) £29,700 (£14.28 per hour) £26,400 (£12.69 per hour) £23,100 (£11.11 per hour)

SK7. Calculation of wage: allowances and pro-rating

This part offers data on how we calculate whether or not a wage meets the Expert Employee necessities, together with the principles on allowances and pro-rating.

SK7.1. You will need to make sure you perceive the principles on calculation of wage (together with allowances and pro-rating). These apply to all tradeable factors choices and transitional preparations, until in any other case acknowledged.

Allowances

SK7.2. Topic to the transitional provision beneath, we’ll solely bear in mind assured primary gross pay (earlier than earnings tax and together with worker pension and nationwide insurance coverage contributions, and different assured funds that are handled precisely the identical as primary gross pay for tax, pension and nationwide insurance coverage functions). We is not going to bear in mind different allowances, pay or advantages (even when they’re assured), similar to any of the next:

pay which can’t be assured as a result of the character of the job implies that hours fluctuate

extra pay similar to shift allowance, or extra time or bonus pay, whether or not or not it’s assured

employer pension and employer nationwide insurance coverage contributions

any allowances, similar to lodging or price of dwelling allowances

in-kind advantages, similar to fairness shares, medical health insurance, faculty or college charges, firm vehicles or meals

one-off funds, similar to ‘golden hellos’

any funds regarding immigration prices, similar to the appliance price or Immigration Well being Cost; or

funds to cowl enterprise bills, together with (however not restricted to) journey to and from the applicant’s house nation, tools, clothes, journey or subsistence

SK7.3. Once you enter the employee’s gross wage on their Certificates of Sponsorship (CoS), you need to not embrace any allowances, similar to these listed above, within the determine. If we discover you could have performed so, and a transitional provision doesn’t apply, we could revoke your licence.

Transitional provision for allowances

SK7.4. If the employee is within the UK and is making use of for permission to remain (or settlement), you could embrace assured allowances within the wage determine entered on the employee’s CoS if the entire following circumstances are met:

the employee was beforehand granted permission as a Tier 2 (Common) Migrant and has had steady permission as a Expert Employee or Tier 2 (Common) Migrant ever since

you sponsored the appliance which led to the employee’s final grant of permission and you might be persevering with to sponsor the employee; and

the allowances are assured, can be paid at some stage in the employee’s permission, and can be paid to an area settled employee in comparable circumstances, similar to London weighting

SK7.5. The opposite restrictions outlined on this part (together with on different allowances and pro-rating) nonetheless apply. The applying for permission to remain (or settlement) have to be made earlier than 1 December 2026, after which this transitional provision will finish.

SK7.6. The overall wage threshold and going charges listed within the tradeable factors desk consult with annual salaries. If the applicant can be working within the UK for lower than 12 months, we’ll pro-rate their gross precise earnings, as recorded on their CoS, to the equal annual determine to find out in the event that they meet the wage necessities. For instance, if the employee is assigned a CoS for six months, and their gross pay can be £2,500 monthly, this could equate to a gross annual wage of £30,000.

Calculation of basic wage threshold

SK7.7. When contemplating if the final wage threshold is met, we’ll solely bear in mind wage for as much as a most of 48 hours per week, even when the applicant works for longer than this. For instance, an individual who works 60 hours per week for £10.10 per hour can be thought of to have a wage of £25,210 (10.1 x 48 x 52) and never £31,512 (10.1 x 60 x 52). They may due to this fact not meet the final wage threshold, until eligible for tradeable factors below Choices B to F.

SK7.8. If the applicant can be working part-time, we’ll solely think about their precise gross earnings to find out if they’re being paid not less than the final wage threshold – we is not going to pro-rate their wage to the equal full-time earnings. For instance, if the applicant works 20 hours per week for £19 per hour, their annual wage can be £19,760 (20 x 19 x 52) and they won’t meet the final wage threshold.

Calculation of going fee and hourly fee

SK7.9. When assessing whether or not the applicant is being paid the going fee (and, the place relevant, meets the £10.10 per hour wage requirement), we’ll bear in mind their full weekly working hours, as acknowledged on their CoS, and pro-rate accordingly. This is applicable even when the applicant works greater than 48 hours per week. The calculation we use relies on whether or not the occupation code is listed in Desk 1 or Desk 2 of Appendix Expert Occupations.

Occupation code in Desk 1

SK7.10. Going charges for occupation codes listed in Desk 1 of Appendix Expert Occupations are primarily based on a 39-hour week and can be pro-rated as follows:

(The going fee for the occupation code acknowledged in Desk 1 of Appendix Expert Occupations) multiplied by (the variety of weekly working hours acknowledged by you on the applicant’s CoS) divided by 39

SK7.11. This implies, for instance:

an applicant who works 60 hours per week in an occupation code in Desk 1 with a going fee of £39,000 have to be paid not less than £60,000 (£39,000 x 60 ÷ 39) per 12 months to fulfill the going fee requirement

an applicant who works 30 hours per week in an occupation code in Desk 1 with a going fee of £39,000 have to be paid not less than £30,000 (£39,000 x 30 ÷ 39) per 12 months to fulfill the going fee requirement

SK7.12. If the applicant’s wage is required to be not less than 70%, 80% or 90% of the going fee, the determine from the calculation above can be multiplied by 0.7, 0.8 or 0.9, as applicable, to calculate the required wage below the going fee requirement. No discount to 70%, 80% or 90% applies to the £10.10 per hour requirement.

Occupation code in Desk 2

SK7.13. If the applicant is being sponsored for a job in one of many well being or training occupation codes listed in Desk 2 of Appendix Expert Occupations, they have to be paid the complete going fee. This can be pro-rated in response to the variety of weekly working hours acknowledged by you on the CoS and the pro-rating guidelines set out in Tables 3 and 4 of Appendix Expert Occupations.

SK8. Unpaid depart and wage reductions

This part tells you about your duties if a sponsored employee takes unpaid depart or when you scale back their wage.

If the employee takes unpaid depart

SK8.1. Staff can take quick intervals of unpaid depart. Nonetheless, you need to usually cease sponsoring a employee if they’re absent with out pay for greater than 4 weeks in whole in response to their regular working sample, throughout any calendar 12 months (1 January to 31 December), until the absences are as a consequence of any of the next:

statutory maternity, paternity, parental, shared parental or adoption depart

sick depart

helping with a nationwide or worldwide humanitarian or environmental disaster, along with your settlement

participating in legally organised industrial motion

See ‘Unpaid depart’ in Half 2: Sponsor a employee for extra data.

In the event you scale back the employee’s wage

SK8.2. You possibly can briefly scale back the wage of a Expert Employee or Tier 2 (Common) Migrant you might be at present sponsoring if the discount coincides with one of many absences listed – for instance, if you’re paying them a lowered wage, or they’re receiving statutory funds solely, whereas they’re on parental depart or sick depart.

SK8.3. In the event you want to scale back the wage of a Expert Employee or Tier 2 (Common) Migrant in another circumstances (both on a short lived or everlasting foundation), you need to first examine if you will want to assign them a brand new CoS, and if the employee might want to make a brand new utility for entry clearance or permission to remain, earlier than you’ll be able to scale back their wage.

Permitted wage reductions

SK8.4. You don’t want to assign a brand new CoS, and the employee doesn’t have to make a brand new utility, when you scale back the employee’s wage and any of the next are true:

the employee has permission as a Expert Employee and, following the discount in wage, they might rating 20 factors for a similar tradeable factors choice as the choice by which they scored the factors which led to their present grant of permission: for instance, if their present permission relies on factors scored below Possibility B, their revised wage should proceed to fulfill the entire standards below Possibility B

the employee has permission as a Expert Employee or Tier 2 (Common) Migrant and, following the discount in wage, they might nonetheless be eligible for factors below the transitional association for CoS assigned earlier than 24 November 2016

the employee has permission as a Tier 2 (Common) Migrant, and their revised wage can be eligible for 20 factors below Possibility A or Possibility F in the event that they had been required to make an utility on the Expert Employee route

the employee has permission as a Tier 2 (Common) Migrant, was thought of to be a brand new entrant after they had been granted that permission, and they might be eligible for 20 factors below Possibility E in the event that they had been required to make an utility on the Expert Employee route

the discount coincides with a short lived discount within the employee’s hours, or a phased return to work, for particular person well being causes, offered: that is supported by an occupational well being evaluation the discount doesn’t end result within the hourly fee falling beneath any hourly fee requirement which utilized when the employee obtained their most up-to-date grant of permission

SK8.5. Though the employee doesn’t want new permission within the above circumstances, you need to nonetheless tell us through your sponsorship administration system (SMS) account that you’ve got lowered their wage, and inform us what that wage is.

Prohibited wage reductions

SK8.6. In the event you scale back the employee’s wage, and not one of the exceptions outlined on this part apply, you can not merely proceed to sponsor the employee. If the revised wage is eligible for factors on the Expert Employee route, you need to assign the employee a brand new CoS, and the employee should make a profitable utility for entry clearance or permission to remain earlier than you can begin to pay them on the lowered fee.

Instance If the employee scored 20 factors below Possibility A after they had been final granted permission, they usually get hold of a related PhD whereas they’re working for you, you can not merely scale back their wage to the degrees acknowledged in Possibility B. You will need to assign a brand new CoS, and the employee should make a profitable utility (scoring 20 factors below Possibility B) earlier than you can begin to pay them a lowered wage.

SK8.7. If the revised wage you plan to pay the employee wouldn’t meet the wage necessities for the Expert Employee route, as set out within the Immigration Guidelines and on this steering, you need to cease sponsoring them and inform us you could have performed so through your SMS account.

SK8.8. Keep in mind, we’ll make common checks with HMRC to make sure you are paying the employee appropriately. If we discover you might be paying the employee lower than you stated you’d, and the quantity wouldn’t be eligible for factors below the identical tradeable factors choice which led to their present grant of permission, or the change shouldn’t be in any other case permitted by the Immigration Guidelines or this steering, we’ll revoke your licence

SK9. Sponsoring an abroad educated nurse or midwife

This part tells you concerning the particular necessities you need to meet, and your extra sponsorship duties, when you want to sponsor an abroad educated nurse or midwife on the Expert Employee route.

Overview

SK9.1. In the event you want to sponsor an overseas-trained nurse below occupation code ‘2231 Nurses’ or an overseas-trained midwife below occupation code ‘2232 Midwives’, you need to guarantee they’ve accomplished, or will full, the suitable steps to attain registration with the Nursing and Midwifery Council (NMC) inside an 8-month timeframe. You might pay them lower than the standard £20,480 minimal wage throughout this era – see ‘Wage for pre-registration nurses or midwives’ beneath.

SK9.2. A nurse ormidwife educated exterior the European Financial Space (EEA) or Switzerland should both maintain a qualification that’s corresponding to the NMC’s requirements of proficiency or go the NMC check of competence. This check will assess the candidate’s {qualifications}, coaching and expertise towards the NMC’s requirements to make sure they’re able to practising safely and successfully within the UK. It additionally considers whether or not the candidate has the required post-qualifying observe and expertise in every applicable space of nursing or midwifery.

SK9.3. A nurse or midwife educated contained in the EEA who applies to register on or after 1 January 2021 and holds {qualifications} listed amongst these recognized as assembly the necessities for automated recognition in EU legislation below Annex V of Directive 2005/36/EC (choose the desk of contents on the left-hand aspect after which choose Annex V from the record) could have their qualification recognised on a near-automatic foundation. It will proceed to be the case for as much as 2 years from 1 January 2021. See the Steerage for EEA-qualified and Swiss healthcare professionals practising within the UK.

SK9.4. Swiss nationals, UK nationals settled in Switzerland, and their non-EEA dependants and spouses who began their nursing or midwifery coaching earlier than 31 December 2020 and apply to register on or after 1 January 2021 and maintain {qualifications} beforehand recognised on a near-automatic foundation by EU legislation below Annex V of Directive 2005/36/EC (choose the desk of contents on the left-hand aspect after which choose Annex V from the record) could have their qualification recognised on a near-automatic foundation. It will proceed to be the case for 4 years from 1 January 2021. See the steering on the NMC web site or go to the steering for EEA-qualified and Swiss healthcare professionals practising within the UK on GOV.UK for extra data.

Timeframe for reaching NMC registration

SK9.5. Abroad-trained nurses and midwives being sponsored on the Expert Employee route should full NMC registration inside 8 months of both:

the beginning date on their Certificates of Sponsorship (CoS) (if that is their first utility for permission on the Expert Employee route as a pre- registration nurse or midwife); or

the beginning date of their earlier employment (if they’re making use of for an extension to proceed working as a pre-registration nurse or midwife)

SK9.6. If the employee fails to attain NMC registration inside 8 months of both of those dates, you need to cease sponsoring them as a nurse or midwife. You will need to not sponsor a employee as a nurse or midwife if they’ve beforehand been sponsored by a distinct sponsor and have failed to attain full NMC registration inside the timeframe specified above.

Wage for pre-registration nurses or midwives

SK9.7. Nurses sponsored below occupation code 2231 or midwives sponsored below occupation code 2232 should usually be paid in keeping with the charges below Tradeable factors choice F. Nonetheless, you could briefly pay a pre-registration nurse or midwife lower than this (for as much as 8 months) in both of the next circumstances:

the employee beforehand held NMC registration and is enterprise an NMC-approved programme with a view to returning to observe; or

the employee is working in direction of NMC registration and each of the next apply: the employee has handed the NMC’s English language necessities and Laptop Based mostly Take a look at of competence, earlier than the date of utility; and the employee will sit an Goal Structured Medical Examination (OSCE) to acquire NMC registration no later than 3 months after the job begin date recorded on their CoS

SK9.8. Throughout this 8-month interval, or till the employee achieves NMC registration (if sooner), the employee’s wage have to be not less than equal to the suitable NHS Agenda for Change Band 3 fee, as acknowledged in Desk 3 of Appendix Expert Occupations.

SK9.9. Once you assign a CoS to a pre-registration nurse or midwife, you need to affirm that you’ll cease sponsoring them as a nurse or midwife if they don’t obtain full NMC registration inside the 8-month timeframe.

SK9.10. As soon as the employee completes registration, you need to pay them in keeping with charges acknowledged below Tradeable factors choice F.

Abstract of the registration course of

SK9.11. The knowledge beneath summarises the steps a nurse or midwife educated exterior the EEA or Switzerland should full to reveal that they’re able to protected and efficient observe as a nurse or midwife within the UK. You will need to be certain that the person completes these steps inside the 8-month timeframe outlined above when you want to sponsor, or proceed sponsoring, them. You need to observe this course of is topic to alter and you need to additionally consult with the Skilled exterior the UK web page on the NMC web site for up-to-date particulars.

SK9.12. The registration course of could also be completely different for nurses or midwives educated inside the EEA or Switzerland. See Register as a nurse or midwife on the NMC web site for particulars.

Necessities Particulars Qualification The candidate should have accomplished a nursing or midwifery coaching programme resulting in registration of their house nation as an entry-level registered nurse or midwife.

Until that qualification has been deemed corresponding to the NMC’s requirements of proficiency, they will even want to finish a 2-part check of competence:

Half 1 is a multiple-choice computer-based check (CBT) administered on behalf of the NMC by a 3rd occasion and might be taken in a check centre in most nations all over the world

Half 2 is a sensible nursing or midwifery examination generally known as the objective-structured medical examination (OSCE) The OSCE is just out there at NMC-approved OSCE check centres within the UK Well being and character necessities The candidate might want to meet the well being and character necessities for protected and efficient observe – see Character and well being decision-making steering on the NMC web site for particulars. Language requirement The candidate should reveal they’ve the required information of the English language for protected and efficient observe as a nurse or midwife within the UK. See the English language necessities web page on the NMC web site for particulars. Skilled indemnity The candidate might want to affirm that there’s in drive, or can be in drive, cowl for them below an applicable indemnity association. Cost Cost of the analysis charges and the registration price.

Goal-structured medical examination (OSCE)

SK9.13. The place required, the candidate can be invited to sit down the OSCE in one of many permitted NMC UK OSCE check centres.

SK9.14. Candidates could sit the OSCE as much as 3 occasions as a part of one utility for registration.

SK9.15. If the candidate is unsuccessful, they have to wait a minimal of 10 working days between makes an attempt.

SK9.16. If the candidate is unsuccessful after their 3 permitted makes an attempt, their OSCE utility will shut. In the event that they nonetheless want to register as a nurse or midwife, they are going to be required to submit a brand new utility to the NMC however will be unable to sit down the OSCE once more for no less than 6 months.

SK9.17. A candidate who fails the OSCE 3 occasions is unlikely to have the ability to obtain their NMC registration inside the 8-month timeframe. In such instances, you need to cease sponsoring them as a nurse or midwife.

SK9.18. In the event you stop sponsorship for this or another cause, you need to inform us through your sponsorship administration system (SMS) account inside 10 working days. In the event you fail to take action, we could revoke your sponsor licence. See part C1 of Half 3: Sponsor duties and compliance for additional data in your reporting duties.

Completion of registration

SK9.19. As soon as the candidate completes all of the registration necessities, the NMC will ship them their registration quantity or private identification quantity (PIN). You will need to retain a replica of their PIN notification.

SK9.20. You will need to inform us inside 10 working days via your SMS account of the person’s full NMC registration, affirmation they’re now enterprise the function of a registered nurse or midwife, and their wage is the same as or exceeds each:

£20,480 per 12 months; and

the going fee for the occupation code

SK10.Abroad legal file certificates requirement

This part tells you concerning the legal file certificates requirement that some candidates within the Expert Employee route should meet to be granted entry clearance or permission to remain.

SK10.1. If the applicant is making use of for entry clearance and is being sponsored for a job in any of the occupation codes listed beneath, they have to present a legal file certificates from the related authority in any nation by which they’ve been current for 12 months or extra (whether or not constantly or in whole) prior to now 10 years, whereas aged 18 or over:

1181 Well being providers and public well being managers and administrators

1184 Social providers managers and administrators

1241 Well being care observe managers

1242 Residential, day and domiciliary care managers and proprietors

2211 Medical practitioners

2212 Psychologists

2213 Pharmacists

2214 Ophthalmic opticians

2215 Dental practitioners

2217 Medical radiographers

2218 Podiatrists

2219 Well being professionals not elsewhere labeled.

2221 Physiotherapists

2222 Occupational therapists

2223 Speech and language therapists

2229 Remedy professionals not elsewhere labeled

2231 Nurses

2232 Midwives

2312 Additional training instructing professionals

2314 Secondary training instructing professionals

2315 Main and nursery training instructing professionals

2316 Particular wants training instructing professionals

2317 Senior professionals of instructional institutions

2318 Schooling advisers and college inspectors

2319 Educating and different instructional professionals not elsewhere labeled

2442 Social employees

2443 Probation officers

2449 Welfare professionals not elsewhere labeled

3213 Paramedics

3216 Dishing out opticians

3217 Pharmaceutical technicians

3218 Medical and dental technicians

3219 Well being affiliate professionals not elsewhere labeled

3231 Youth andcommunity employees

3234 Housing officers

3235 Counsellors

3239 Welfare and housing affiliate professionals not elsewhere labeled

3443 Health instructors

3562 Human assets and industrial relations officers

6121 Nursery nurses and assistants

6122 Childminders and associated occupations

6123 Playworkers

6125 Educating assistants

6126 Instructional help assistants

6141 Nursing auxiliaries and assistants

6143 Dental nurses

6144 Houseparents and residential wardens

6146 Senior care employees

SK10.2. This requirement doesn’t apply if, on the time of utility, the applicant offers a passable rationalization as to why it’s not moderately practicable for them to acquire a legal file certificates from any or the entire related authorities.

SK10.3. The requirement additionally applies to the associate of the Expert Employee if they are going to be making use of to accompany or be part of them. The requirement doesn’t apply to dependent youngsters (together with grownup youngsters).

SK10.4. We advise you to tell potential staff of this requirement as early as attainable to make sure they’re made conscious prematurely of making use of for a visa, in order that they’ve enough time to acquire the related documentation.

SK10.5. Additional steering concerning the requirement might be discovered on the ‘Felony information examine for abroad candidates’ web page on the GOV.UK web site.

SK11. Certificates of Sponsorship (CoS) for Expert Staff

This part tells you easy methods to assign a sound Certificates of Sponsorship on the Expert Employee route.

Overview

SK11.1. When you have adopted all the principles on this steering and also you want to sponsor a employee on the Expert Employee route, you need to assign them a sound Certificates of Sponsorship (CoS), utilizing your sponsorship administration system (SMS) account.

SK11.2. Earlier than assigning a CoS, it’s best to fulfill your self that the employee can meet the related the immigration necessities.

SK11.3. You can not assign a CoS when you’re a B-rated sponsor, until the employee is making use of for permission to remain from inside the UK and also you sponsored the appliance which led to their final grant of permission. In all different instances, you need to have an A-rating. For data on sponsor rankings, see Half 1: Apply for a licence.

Outlined and Undefined CoS

SK11.4. There are 2 forms of CoS you’ll be able to assign on the Expert Employee route, generally known as ‘Outlined’ and ‘Undefined’ CoS.

SK11.5. If the individual you want to sponsor can be making use of for entry clearance from exterior the UK, you need to first apply for a Outlined CoS for them. You will need to wait till this utility has been permitted earlier than you’ll be able to assign the CoS to the employee. You can too apply for a Outlined CoS you probably have not but recognized a employee however suppose you could have to sponsor a employee from abroad.

SK11.6. If the individual can be making use of for permission to remain from inside the UK, you need to assign them an ‘Undefined’ CoS out of your annual CoS allocation. In the event you would not have sufficient CoS left in your allocation to sponsor the employee, you’ll be able to apply to extend your allocation: see SMS Guide 2: Handle your licence.

SK11.7. It is vitally necessary that you simply perceive the distinction between the two forms of CoS. You will need to not assign:

a Outlined CoS to a employee for any job apart from the one you described in your utility for that Outlined CoS

an Undefined CoS the place a Outlined CoS is required

SK11.8. In the event you assign the incorrect sort of CoS, or give false data in your utility for a Outlined CoS, we’re more likely to revoke your sponsor licence.

SK11.9. For extra data on what a CoS is, and CoS allocations, see part S2 of Half 2: Sponsor a employee.

SK11.10. You’ll find detailed technical steering on easy methods to assign or apply for a CoS on GOV.UK: Consumer manuals: sponsorship administration system (SMS).

Charges

SK11.11. You will need to pay a price for every CoS you assign – see the ‘UK visa charges’ web page on GOV.UK for data on present price ranges.

SK11.12. Topic to sure exceptions, additionally, you will have to pay an Immigration Expertise Cost for every employee you sponsor – see part S5 of Half 2:sponsor a employee for extra data.

Use of the CoS

SK11.13. Upon getting assigned a CoS, the employee should use it inside 3 months to use for:

entry clearance (a visa) if they’re exterior the UK

permission to remain if they’re within the UK and eligible to increase their permission or swap to the Expert Employee route

SK11.14. If the CoS was issued greater than 3 months earlier than the date of utility, we could reject their utility and never think about it.

SK11.15. The employee should not apply for a visa or permission to remain greater than 3 months earlier than the beginning date recorded on their CoS. In the event that they do, we’ll refuse their utility.

SK11.16. We will even refuse the appliance if the CoS:

has been withdrawn by you or cancelled by the Dwelling Workplace. Go to this web page for data on when a CoS might be withdrawn or cancelled

was utilized in a earlier utility that was refused

What the CoS should affirm

SK11.17. For a CoS to be legitimate,it should meet the necessities set out in paragraphs SW 5.1 to SW 5.6 of Appendix Expert Employee to the Immigration Guidelines.

SK11.18. It should affirm the entire following:

Selecting the right class

SK11.19. Once you assign an Undefined CoS on the Expert Employee route, you’ll be requested to pick a ‘class’ from a drop-down record. The class you select relies on the employee’s present immigration standing and whether or not you will want to pay the Immigration Expertise Cost (ISC) for them, as set out beneath:

Class Select this feature if… Expert Employee (Switching immigration class – ISC liable) The employee can be making use of to modify from one other immigration route (apart from the Scholar route/Tier 4) to the Expert Employee route and you aren’t liable to pay the ISC for them. Expert Employee (extensions – ISC exempt) The employee can be making an extension of permission utility (to proceed working for you in the identical occupation code) and you aren’t liable to pay the ISC for them. Expert Employee (extensions – ISC liable) The employee can be making an extension of permission utility (to proceed working for you in the identical occupation code) and you might be liable to pay the ISC for them. Expert Employee (Modifications of Employment – ISC exempt) The employee can be making a change of employment utility (to alter job or employer) and you aren’t liable to pay the ISC for them. Expert Employee (Modifications of Employment – ISC liable) The employee can be making a change of employment utility (to alter job or employer) and you might be liable to pay the ISC for them. Expert Employee (graduate in Tier 4/Scholar route switching to Expert Employee) The employee has present permission as a Scholar or Baby Scholar (or below the previous Tier 4 route) and can be making use of to modify to the Expert Employee route – you aren’t required to pay the ISC in these circumstances.

Observe: the employee doesn’t should be a graduate for this exemption from the ISC to use however they should have present permission for the aim of examine. Expert Employee (Switching immigration class – ISC exempt) The employee can be making use of to modify from one other immigration route (apart from the Scholar route/Tier 4) to the Expert Employee route and you might be liable to pay the ISC for them.

How lengthy you’ll be able to assign a CoS on the Expert Employee route

SK11.20. You possibly can usually assign a CoS for the interval you plan to make use of the employee, as much as a most of 5 years.

SK11.21. If you’re sponsoring a employee who can be claiming factors for being a brand new entrant, the utmost interval you’ll be able to assign a CoS is 4 years (together with time already spent within the UK as a brand new entrant on the Expert Employee or Tier 2 (Common) routes, or on the Graduate route).

SK11.22. In the event you assign a CoS to a employee below occupation code ‘2231 Nurses’ or ‘2232 Midwives’, the beginning date you give on their CoS must be the earliest date of:

the date they’ll begin working for you in familiarisation coaching

if they’ve already handed the objective-structured medical examination (OSCE) and acquired their registration quantity (PIN), the date they’ll begin working for you as a completely NMC-registered nurse or midwife

the date on which they’ll sit their OSCE

SK11.23. You can not sponsor a pre-registration nurse or midwife for longer than 8 months. You will need to affirm on the CoS that you’ll cease sponsoring the employee as a nurse or midwife if they don’t obtain full NMC registration inside 8 months of the job begin date. See Sponsoring an abroad certified nurse or midwife for additional data.

SK11.24. For additional data on begin and finish dates, see part S3 of Half 2: Sponsor a employee.

Reporting duties and file maintaining

SK11.25. Upon getting assigned a CoS to a employee, you need to inform us in the event that they fail to start out their employment, are absent with out permission, or there are any important adjustments to the character of their work or wage, or to your organisation. For full particulars of your reporting and different duties, see: Half 3: Sponsor duties and compliance.

SK11.26. You will need to additionally hold information for every employee you sponsor as laid out in Appendix D to the sponsor steering.

SK11.27. In the event you fail to fulfill these duties, we could revoke your sponsor licence.

SK12.Expert Employee Outlined CoS

This part tells you when and easy methods to apply for a Outlined Certificates of Sponsorship for a Expert Employee.

Overview

SK12.1. You will need to apply for a ‘Outlined’ Certificates of Sponsorship (CoS) if the employee you want to sponsor can be making their utility for permission (entry clearance) from exterior the UK. You can too apply for a Outlined CoS you probably have not but recognized a employee however suppose you could have to sponsor a employee from abroad.

SK12.2. You will need to not assign an Undefined CoS to a employee who can be making use of for entry clearance – when you do, we’re more likely to revoke your licence.

SK12.3. You can not apply for an annual allocation of Outlined CoS. As a substitute, you need to apply for a Outlined CoS as and once you require one.

SK12.4. You can not apply for a Outlined CoS in case your licence is B-rated or suspended.

SK12.5. A Outlined CoS should in any other case meet the entire identical necessities as an Undefined CoS to be legitimate and eligible for factors.

Methods to apply for a Outlined CoS

SK12.6. You apply for a Outlined CoS utilizing your sponsorship administration system (SMS) account. The applying can solely be made by a Stage 1 person – see the ‘Key personnel’ part of Half 1: Apply for a licence for data on who is usually a Stage 1 person.

SK12.7. There isn’t any extra price to use for a Outlined CoS past the usual CoS price.

SK12.8. Once you make your utility, you need to fill in all necessary fields marked with an asterisk (*). If you don’t, you will be unable to ship your utility. The knowledge you give concerning the function is similar as you’d give when you had been assigning a Expert Employee Undefined CoS

SK12.9. You’ll find detailed data on easy methods to full a Outlined CoS utility, and easy methods to assign a Outlined CoS, in SMS Guide 12.

Wage data on the CoS

SK12.10. The wage you enter on the CoS have to be a real reflection of what you plan to pay the employee. It should even be eligible for 20 factors and meet the entire wage necessities of the Expert Employee route. If it doesn’t meet the necessities, we’ll reject the appliance.

SK12.11. When you have not recognized a selected employee on the time you apply for a Outlined CoS, you can not assume the employee you ultimately assign it to can be eligible for tradeable factors below Choices B (related PhD), C (related PhD in a STEM topic), or E (new entrant), until you’ll be able to present a transparent justification for this, for instance:

within the case of Possibility B, that the job requires the profitable candidate to have a related PhD

within the case of Possibility C, that the job requires the profitable candidate to have a related PhD in a STEM topic

within the case of Possibility E, that the job is in a specified occupation code or is a regulated occupation and the employee can be working in direction of a recognised skilled qualification in that occupation

SK12.12. You possibly can embrace this extra data within the ‘Abstract of job description’ textual content field. In the event you can not present a passable justification, the wage you enter on the CoS have to be eligible for factors below Possibility A.

Observe: Within the ‘Abstract of job description’ textual content field, you need to additionally state the variety of hours the profitable candidate, or candidates, will work every week. If the working hours will differ, you need to give particulars of what the working sample can be. It will assist us to substantiate the acknowledged wage meets the final threshold, going fee and hourly fee necessities. In the event you fail to present this data, we’re more likely to reject your utility. If the variety of weekly hours is topic to negotiation or remaining settlement, it’s best to enter the variety of hours you’d usually count on staff in an identical function to work every week, and enter “to be confirmed” (or an identical phrase) in brackets. It is possible for you to to enter the right variety of hours once you assign the CoS to a employee.

After we will determine your utility

SK12.13. In case your utility is simple and doesn’t require any additional data, we’ll usually determine your utility for a Outlined CoS inside one working day.

SK12.14. We could examine the knowledge you ship along with your utility earlier than we are able to totally think about it – for instance, if we’ve doubts about its validity or we’re not positive if the function described on the CoS meets the necessities of the Expert Employee route.

SK12.15. If we have to make any checks, we could ask you for extra data or paperwork. You will need to ship us any data or paperwork inside the timescale specified within the request. If you don’t, your utility can be rejected and never thought of. In the event you do ship extra data or paperwork as requested, we’ll goal to think about this inside 20 working days of receipt.

Resolution on an utility for a Outlined CoS

SK12.16. In case your utility for a Outlined CoS is profitable, it will likely be allotted to your SMS account, able to be assigned to a employee.

SK12.17. We are going to reject your utility for a Outlined CoS if:

SK12.18. We will even reject your utility, and will take motion towards you, if we’ve good cause to imagine you could have offered false or deceptive data in your utility.

Time restrict for assigning and utilizing a Outlined CoS

SK12.19. As soon as we’ve allotted a Outlined CoS to your SMS account, you’ll have 3 months to assign it to a employee. If you don’t assign it inside 3 months, it will likely be eliminated out of your account. You need to due to this fact solely apply for a Outlined CoS when you genuinely intend to assign it inside 3 months.

SK12.20. Upon getting assigned the CoS to a employee, they’ll then have 3 months to make use of it to help an utility for entry clearance or permission to remain. If they don’t use it inside this era, it will likely be invalid and any utility supported by it’s more likely to be rejected.

In case your licence is downgraded or suspended

SK12.21. When you have any unassigned Outlined CoS in your SMS account, and your licence is downgraded to a B score, or is suspended, you will be unable to assign these CoS. They are going to be eliminated out of your account on the finish of three months (until you regain your A-rating and assign them to a employee throughout that interval).

Reclaiming invalid CoS

SK12.22. If we discover, after allocating you a Outlined CoS, however earlier than you could have assigned it to a employee, that the appliance was in reality invalid, we’ll reclaim it out of your SMS account. In the event you nonetheless want a Outlined CoS, you will want to use once more.

Modifications to the main points on a Outlined CoS

SK12.23. Once you apply for a Outlined CoS, the knowledge you give in your utility, such because the wage and job description, will seem on the CoS that’s allotted to you in case your utility is profitable. When you find yourself able to assign that CoS to a employee, you will be unable to alter any of those pre-populated fields.

SK12.24. You possibly can, nonetheless, add a sponsor observe to tell us of the next adjustments solely:

Change Extent to which change is permitted Wage You possibly can change the wage you’ll pay to the employee, however the revised wage have to be eligible for a similar variety of factors because the wage acknowledged within the authentic utility for that CoS. If it’s not, we’ll cancel the CoS. Begin and finish date of the job You possibly can amend both or each of those dates – however keep in mind, the beginning date can’t be greater than 3 months after the date the employee makes their utility for entry clearance or permission to remain.

SK12.25. These are the one adjustments you can also make to a Outlined CoS once you assign it. If anything has modified, similar to:

a change in wage past the bounds set out within the desk above; or

a change to the occupation code or job description

you need to inform us so we are able to cancel the CoS

In the event you give false data in your utility

SK12.26. You will need to solely assign a Outlined CoS when you intend to make use of the employee in response to the main points acknowledged within the utility you made for it, or in any sponsor observe added within the circumstances permitted above. If we subsequently discover that you simply gave false data in your utility, we’ll revoke your sponsor licence. Examples embrace, however aren’t restricted to, the place:

we discover (both via a compliance go to or checking with HMRC) that the wage you pay to a employee whose utility for permission was supported by a Outlined CoS is decrease than the wage acknowledged in your utility for that CoS

you could have assigned the CoS for a job apart from the one described within the utility for that CoS

you could have used an inappropriate occupation code to fulfill the ability degree

SK13.Well being and Care visa

This part tells you about sponsoring key well being employees for a ‘Well being and Care visa’.

Background

SK13.1. On 4 August 2020, the Authorities launched a ‘Well being and Care visa’ for eligible well being employees who’ve been educated to a recognised commonplace and have good English language expertise. The Well being and Care visa varieties a part of the Expert Employee route.

SK13.2. The advantages of the Well being and Care visa embrace:

fast-track visa processing for entry to the UK

the help of a devoted crew inside UKVI in processing candidates’ and their dependent households’ visa purposes

lowered visa charges

exemption from the Immigration Well being Cost

Eligibility for a Well being and Care visa

SK13.3. In the event you want to sponsor a Expert Employee for a Well being and Care visa, you need to learn the ‘Well being and Care visa steering’ on GOV.UK for detailed data on the eligibility standards. You have to be an eligible organisation, as set out in paragraph 2 of that steering.

SK13.4. Solely employees employed within the following occupation codes are eligible for the Well being and Care visa:

1181 – Well being providers and public well being managers and administrators

1242 – Residential, day and domiciliary care managers and proprietors

2112 – Organic scientists and biochemists

2113 – Bodily Scientists

2211 – Medical Practitioners

2212 – Psychologists

2213 – Pharmacists

2214 – Ophthalmic Opticians

2215 – Dental practitioners

2217 – Medical Radiographers

2218 – Podiatrists

2219 – Well being Professionals not elsewhere labeled

2221 – Physiotherapists

2222 – Occupational Therapists

2223 – Speech and Language Therapists

2229 – Remedy professionals not elsewhere labeled

2231 – Nurses

2232 – Midwives

2442 – Social Staff

3111 – Laboratory Technicians

3213 – Paramedics

3216 – Dishing out opticians

3217 – Pharmaceutical technicians

3218 – Medical and dental technicians

3219 – Well being affiliate professionals not elsewhere labeled

6141 – Nursing auxiliaries and assistants

6143 – Dental nurses

6145 Care employees and residential carers

6146 – Senior care employees

SK13.5. If the employee is not going to be employed in one of many above occupation codes, they won’t be eligible for the Well being and Care visa and should qualify below the usual Expert Employee guidelines (and pay the Immigration Well being Cost).

SK13.6. Well being and Care visa candidates should meet the entire commonplace immigration necessities of the Expert Employee route, along with the particular Well being and Care visa necessities.

Further data you need to embrace on the CoS

SK13.7. Once you assign a CoS to a Expert Employee for a Well being and Care visa, or apply for a Outlined CoS that you simply intend to assign to such a employee, you need to:

embrace within the ‘Abstract of job description’ subject of the CoS: a short rationalization of how the employee meets the Well being and Care visa standards – for instance, that they work for an NHS belief in one of many above occupation codes if you’re a personal organisation, present transient details about the contract or settlement you could have with NHS trusts or our bodies to offer these providers

inform the employee they’re eligible for the Well being and Care visa to allow them to appropriately full their visa utility kind – when you fail to take action, the employee’s visa utility could also be rejected

SK13.8. In the event you neglect to incorporate details about how the employee meets the factors or your contractual preparations (if related) within the ‘Abstract of job description’ subject, you need to add a ‘sponsor observe’ with this data after you could have assigned the CoS.

SK13.9. If you’re a personal organisation offering providers on behalf of the NHS, we could ask you to submit proof of your preparations with the NHS. You will need to give us this proof if requested.