23 November 2020

Sponsored Skilled Workers (SSW) UK Visa Route

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The government’s announcement of 13 July 2020 has brought into effect some significant changes into the skilled workers visa route. One of those changes is that from 01 December 2020, the traditional Tier 2 General route to employing non-EEA national will close. Instead, from 01 January 2021, all applications to sponsor both non-EEA and EEA nationals must be made under the new SSW route. This includes any extension applications. For any extension applications made after this date, Sponsor’s Notes will be required for any Certificate of Sponsorship issued/assigned prior to 01 December 2020.

The introduction of the new route does not relieve sponsors of their responsibility to comply with their duties under the old Tier 2 regime. A sponsor is required to retain a Tier 2 Migrant’s work documents for a period of 2 years following the termination of employment or the Home Office’s last audit of the file, whoever is earlier. This means that even after the introduction of the SSW route, the Home Office retains the power to audit the file of a Tier 2 Migrant to assess sponsor compliance in line with the relevant Immigration Rules and Home Office published guidance.

The “Cooling Off” requirement is also a relevant consideration under the SSW route. The Cooling Off period will not apply to applications made under the SSW route. This specifically includes applicants who held leave under the Tier 2 General route and their leave expired in the last 12 months. Such individuals will be able to immediately apply under the SSW route whereas previously, their visas were limited to a maximum non-extendable period of 6 years. However, the Cooling Off requirement continues to apply under the ICT framework, but in a limited way.

Another difference between the way in which the SSW route changes the Tier 2 General regime and the ICT framework is that applicants who would have previously applied under the Tier 2 General Rules, would no longer be allowed to rely on allowances as a part of their allowable earnings. This is subject to the transition period from the Tier 2 General route, which permits allowances to be considered for SSW and indefinite leave to remain application made before 01 December 2026. On the other hand, under the SSW route, allowances will form a part of allowable earnings under the ICT framework.

Applications under the SSW route can generally be made from within the UK from all categories but for some such as Visitors, Domestic Workers and Short-Term Students. This saves applicants and their families of having to return overseas to make an application.

The SSW route also caters for pandemic-related absences from the UK, as they will be exempt.

Given the upcoming substantial change in employing non-EEA and EEA nationals, employers are suggested to review their business needs to ensure that they have applied for a sponsor licence as soon as possible, if it is required, and that they have informed their EEA national employees of the possibility of obtaining settled status under Appendix EU of the Immigration Rules, which will entitle them to work in the UK without having to apply under the SSW route.

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

About the Author

Awais has an extensive experience of advising high net-worth individuals on all types of immigration matters, ranging from investor and entrepreneur visa applications to appeals and judicial reviews in the Immigration Tribunal and the High Court.

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