As current Tier 2 employers (now referred to as the Skilled Worker route) will know, it is important to adhere to the duties and responsibilities sponsor license holders at all times. Failure to do so may result in a visit from an UKVI compliance officer, and potentially your license being downgraded, suspended, or in the worst-case scenario, revoked. The Coronavirus pandemic has brought about many new circumstances which employers may think warrant reporting, such as lowering of salaries due to being furloughed, and sponsored migrants working from home, but maybe unsure if they need to. In this article, we will explain whether sponsoring employers need to notify the Home Office if migrant workers are working from home, in addition to other COVID-19 specific guidance and concessions.
Do Sponsoring Employers Need To Notify The Home Office If A Sponsored Migrant Is Working From Home?
The current guidance for employers from the Home Office states, “You do not have to notify us if you’re sponsoring employees who are working from home due to coronavirus. Other changes to their working arrangements must still be reported as usual”. This means that even if a sponsored worker who was office-based is now (due to COVID-19) fully based from home, or their time is split between an office location and home, the employer does not need to notify the Home Office of the new arrangement.
What If A Sponsored Employee Is Absent Due To COVID-19 For Longer Than Is Normally Allowed?
The Home Office duties for sponsor license holders include the following reporting requirements, “You must report the following within ten working days of the relevant event occurring, or as specified below:
- if a sponsored worker does not start the role for which they are being sponsored – you must include in your report any reason given for their non-attendance, if known (for example, a missed flight, illness or bereavement)
- if a sponsored worker is absent from work for more than ten consecutive working days without permission – you must report this within ten working days of the 10th day of absence
- if a sponsored worker’s contract of employment or contract for services, or any relevant professional registration ends earlier than shown on their CoS – for example, if the worker resigns or is dismissed”.
In addition, the rules also say that sponsors must stop sponsoring migrant workers who have been absent without pay for more than four weeks in any calendar year.
The latest government guidance for employers advises that the Home Office will not take action against employers or employees who are absent due to COVID-19. Specifically, it says “We will not take enforcement action against sponsors who continue to sponsor students or employees despite absences due to coronavirus. You do not need to report student or employee absences related to coronavirus. This can include absences due to illness, their need to isolate or inability to travel due to travel restrictions. You do not need to withdraw sponsorship if because of coronavirus: a student is unable to attend for more than 60 days, or an employee is absent from work without pay for more than four weeks”.
This should come as reassurance both to employers who are not required to report prolonged absences due to COVID-19, and sponsored employees whose roles will not be impacted.
Can A Migrant Worker Who Is Still Waiting For A Visa Decision Start Working?
Ordinarily, Skilled Worker applicants who are waiting for a decision from the Home Office cannot enter the UK and start working. The Home Office’s stance in the context of COVID-19 is that Skilled Worker visa, Health and Care Worker visa, Intra-company Transfer visa, T2 Worker visa, and T5 Temporary Worker visa applicants may be able to start working before receiving a positive decision if:
- the sponsor has assigned them a Certificate of Sponsorship (Cos)
- the employee submitted their application before their current visa expired
- • the role they are employed in is the same as the one on their CoS the sponsor has issued a CoS.
Again, in a change to the normal protocol, rather than only reporting responsibilities starting when the visa is granted, this will start from the date the CoS is issued. UKVI are aware that sponsors will not be able to use the Sponsor Management System (SMS) to report for employees who have not yet received a visa decision. Instead, they require sponsors to keep their own records until they can start using the SMS for that employee. They also advise, “If the employee’s application is eventually rejected as invalid or refused, you must terminate their employment”.
Can A Sponsoring Employer Reduce The Pay Of A Migrant Worker Due To COVID-19 Related Business Impacts?
One of the challenges for sponsoring businesses is that if they need to temporarily reduce the salary of staff, they may be unsure if this is possible as the staff members salary is related to their visa. Ordinarily, a reduction in salary would need to be reported to the Home Office. The Home Office currently has a concession in place which means employers who have temporarily reduced or ceased trading can reduce salaries to 80%, or £2,500 per month (whichever is lower). Employers considering doing this should be aware that, “Any reductions must be part of a company-wide policy to avoid redundancies and in which all workers are treated the same. These reductions must be temporary, and the employee’s pay must return to at least previous levels once these arrangements have ended”.
Final Words
There are a number of concessions and allowances currently in place for sponsored workers and sponsors due to COVID-19. It is recommended that employers check with the latest guidance from the UK Government to ensure that existing concessions are still in place and whether any new ones have been put in place.
