Navigating the End of Sponsorship: Responsibilities for Sponsors

14 Dec 2023, 00 mins ago

Sponsoring a migrant worker is a significant responsibility that comes with legal, employment and ethical obligations. However, circumstances may arise where you need to terminate your worker’s sponsorship. In this blog post, we will explore the essential steps you should take when you decide to stop sponsoring a migrant worker.

As a sponsor, you must familiarise yourself with the legal obligations associated with ending sponsorship. This includes adhering to any contractual agreements, relevant employment regulations and complying with immigration laws. Failure to do so may result in legal consequences.

From an immigration perspective, you have a duty to report the end of sponsorship to the Home Office via your Sponsor Management System (SMS) within 10 working days from the date that the relevant change/event has occurred.

You may decide to stop sponsoring your migrant worker for various reasons, but it is important that you inform the Home Office of such a change via the SMS. Please see below some situations, where you would be required to inform the Home Office (the list below is not exhaustive):

  1. Entry Clearance or Permission Issues: If a worker’s entry clearance or permission is refused or cancelled. This includes situations where an administrative review or appeal against the decision has been determined.
  2. Job Offer Withdrawal or Worker’s Decision Not to Take up the Post: If a worker decides not to take up the position or if you withdraw the job offer.
  3. Early Termination of Employment Contract: Where a worker’s contract ends earlier than the date specified on their Certificate of Sponsorship (CoS).
  4. Withdrawal of Professional Registration or Accreditation: If any professional registration or accreditation required for the sponsored employment is withdrawn (such as GMC registration for a doctor).
  5. Extended Absence without Pay: If a worker is absent from work without pay for more than four weeks, and this absence is not covered by exceptions outlined in the sponsorship guidelines.
  6. Grant of Settlement or Permission Not Requiring Sponsorship: When a worker is granted settlement (indefinite leave to remain) or permission on an immigration route that no longer requires sponsorship.
  7. Resignation, Dismissal, or Redundancy: Where your worker resigns, is dismissed, or faces redundancy.
  8. Unpermitted Changes in Employment Details: If you are notified by the Home Office that a change in the details of your worker’s employment or salary is not permitted.

In the realm of sponsorship, clear and transparent communication is fundamental along with a thorough understanding of immigration rules. Whether it is due to legal issues, employment changes or other reasons, you, as sponsor, have an obligation to adhere to the immigration rules and wider UK laws. Ending the sponsorship of a migrant worker is a complex process that requires careful consideration of legal aspects. Our experts at Gherson will be happy to guide you through the process.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on TwitterFacebookInstagram, or LinkedIn to stay-up-to-date.

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. Gherson accepts 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 do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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