Home Office Guidance for sponsors updated: work start dates, working hours, and pay

The Home Office has made several changes that businesses sponsoring overseas workers should be aware of. 

The below changes have come into force as of 9 November 2022.

Changing work start dates

An individual can now start working in their sponsored employment as soon as they have permission to enter or stay in the UK. They no longer have to wait for the start date given on their Certificate of Sponsorship (CoS). 

There is no need to report the change on the SMS system if the start date has been brought forward after an individual has been granted permission to enter or remain in the UK.

Considering working hours in a Defined Certificate of Sponsorship

The salary entered on a Defined CoS must genuinely reflect what the worker will be paid. Sponsors of skilled workers must therefore state the number of hours the individual will work each week in the “Summary of job description” text box, in the Defined CoS. 

Concessions for extended absences without pay

A concession has been added to the general information guidance to allow the continued employment of a person who has been absent from work without pay for more than four weeks. 

That is, provided that there is a compelling and compassionate reason for their absence, but where none of the exceptions (for example, statutory maternity or sick leave) apply. The four weeks do not have to be consecutive. For skilled workers, the rule is four weeks in any calendar year.

Including allowances in a salary

Only guaranteed basic gross pay should be included in the salary section of the CoS.

Other allowances, pay or benefits (even if guaranteed) will no longer be considered when assessing a worker’s level of pay. For example, pensions, shift allowances, accommodation, or cost of living allowances should not be included in the gross salary on the certificate of sponsorship.

Summing up the above-described updates, it is important to highlight that some of the updates provide a welcome break from extensive SMS reporting and are perhaps a reflection of an overwhelmed Home Office team, apparently inundated with new sponsor licence applications, as well as their other duties. 

However, sponsors should continue to read the Home Office guidelines and regularly refer to them correctly when applying for sponsorship certificates for their hired employees.