Immigration Skills Charge updated list of exemptions

An amendment to the Immigration Skills Charge Regulations 2017 is due to come into force on 1 January 2023.

The current rules state that UK businesses sponsoring overseas workers, subject to certain exemptions, must pay a charge each time a certificate of sponsorship is assigned to that worker.

The amendment adds to the list of exemptions under which one is not required to pay such a charge. Businesses that bring EU citizens to the UK under certain visa routes will, from 1 January 2023, not have to pay the Immigration Skills Charge. The exemption applies to those entering the UK under the Scale-up route or intra-corporate transferees on the Global Business Mobility – Senior or Specialist Worker route.

We would like to remind that under the current list of exemptions, a UK business will not have to pay the charge if –

1. It is sponsoring someone with one of the following occupation codes:

• chemical scientists (2111)
• biological scientists and biochemists (2112)
• physical scientists (2113)
• social and humanities scientists (2114)
• natural and social science professionals not elsewhere classified (2119)
• research and development managers (2150)
• higher education teaching professionals (2311)
• clergy (2444)
• sports players (3441)
• sports coaches, instructors or officials (3442)

2. It is sponsoring a worker who was assigned a sponsorship certificate before 6 April 2017.
3. Employees switch to either a Skilled Worker or Senior or Specialist Worker visa and then extend their stay on the new visa.
4. A new certificate of sponsorship does not extend the time on employee’s sponsored worker’s visa.

We would also like to remind our readers that the Immigration Skills Charge is an additional charge which a UK company has to pay when it assigns a certificate of sponsorship to someone applying for a work-related visa.