Sponsorship responsibilities webinar Q&A

Q. Is it possible to get a report from SMS of all workers who we actively sponsor?

A. It is not possible within the SMS system to generate a full report.  However, using the advanced search function a user can view a maximum of 100 results on a search. If your search returns more than 100 results, you should refine your parameters to reduce the amount of results returned. For guidance on using the advanced search in SMS please use the link below  to page 38 of Manual 10 of 12: Miscellaneous CoS functions. 

Please note, sponsors should ensure they always have adequate HR processes to maintain accurate and up to date records to meet their sponsor duties.

Q. Would it be possible to have an option to include the Health and Care Worker Visa on SMS as well as Skilled Worker Visa?

A. This is not currently under consideration.

Please note, the Health and Care Worker Visa is not separate from the Skilled Worker Visa, despite some of the text on Gov.UK suggesting it is.

Q. Whenever a sponsored employee leaves the trust we inform the Home Office via SMS, confirming the dates, where they are going to and that their sponsorship will end. But we never receive a refund for their Immigration Skills Charge (ISC) where there is time left. Is there something further we need to do to request this?

A. You can access the ISC guidance to check the circumstances when an ISC refund or partial refund is applicable. 

If you have not received an applicable ISC refund after 90 days of reporting the migrant is no longer being sponsored, you can contact the ISC team by email: iscadminteam@homeoffice.gov.uk.

Q. I have an internationally educated nurse who has sadly been diagnosed with terminal cancer. As long as we have noted on the SMS that she is off work and when her sick pay runs out and she is on nil pay, is this all I need to do? Can I confirm that her sponsorship won't be affected even though she's on nil pay?

A. You are required to report this information via SMS. UKVI will consider the reported information accordingly and if they determine that the worker’s permission should be cancelled they will take appropriate action.

Q. In the SMS system, once a migrant activity has been reported, the system doesn't show the details that have been submitted when an employer wishes to view them later. Could the system be upgraded to show the details of the submission and not only the activity type when an employer wishes to view the submitted details later please?

A. It is not feasible to upgrade SMS functionality to provide this information. Please ensure your HR systems are sufficiently robust to enable you to comply with all your sponsor duties including your record keeping duties.

Q. Do we have to report on the SMS each individual that is TUPE (Transfer of Undertakings (Protection of Employment)) out from us or can we send a bulk email as the guidance seems to refer to individual update on SMS? 

A. You first need to submit one Change of circumstance other request via SMS to provide the details of the TUPEs. You also must also use SMS to report migrant activity for each of the affected migrants’ Certificates of Sponsorship (CoS).

Please use this Gov.UK link to the mergers, takeovers and similar changes guidance in part 3 of the sponsor guidance. 

Please also see the Q&A in the TUPE and mergers section below. 

Q. Could a full-time sponsored employee also work for our trust on the bank or overtime AND an additional 20 hours for another employer?

A. Overtime hours at the same sponsoring trust do not count towards supplementary employment. However, if an individual works full-time with a trust, and in addition to being on the bank/overtime and also doing supplementary employment, that is a lot of hours and employers need to be mindful of their wellbeing. 

Q. Do we need evidence from the employee that they are working elsewhere before we give them the additional paid employment (no more than 20 hours)? Should we be asking applicants the name of their primary sponsor to keep on record? 

A. All employers are required to carry out right to work checks before employing someone, to ensure they are not disqualified from carrying out the work in question by reason of their immigration status. This includes where an employer is offering supplementary employment to a sponsored worker. 

For more information on supplementary employment, please refer to Annex B: Employment of specific categories of workers within Right to work checks: an employer's guide - GOV.UK. 

Q. As part of pre-employment, we will sometimes find applicants that are sponsored by another organisation, where that sponsor is not providing the worker with work (evidenced by the HMRC check). What is the best way to report that in writing?

A. If you are satisfied the sponsor is not maintaining the minimum requirements for a genuine vacancy role in-line with the role described on the sponsored worker’s CoS, you should report this using the most appropriate option via: Report an immigration or border crime - GOV.UK. 

Q. Is there an exemption to the employer being the sponsor rule around bank workers, where a third-party organisation is engaged to provide a bank of ad-hoc workers to an NHS organisation? Assuming work will be regular enough to meet minimum salary requirement, and in an eligible role e.g. doctors.

A. If the bank is providing workers to their current employer, then this would be considered overtime. Any work with a third party will need to adhere by the supplementary work requirements.

Q. If someone is working supplementary work with a different employer does the location where they work need to be registered as a branch with UKVI? Particularly if they are working the additional hours through a bank but are working in a location owned by the employer who is sponsoring them. 

A. This is not required because supplementary employment is the work a migrant is permitted to undertake in addition to the work they are sponsored for. Their sponsor is not required to do anything in relation to that supplementary employment (except ensure, as far as is reasonably possible, that the worker is complying with their conditions and that supplementary employment is not affecting their sponsored role).

Q. Can an individual be sponsored under one sponsorship for two roles if this is the same role (same occupation code) but the full-time hours are split over two locations? The minimum salary would still meet the salary threshold for that occupation code. 

A. If the work is for the same Standard Occupation Classification (SOC) code with the same sponsoring organisation, then it is one job across two locations. This should be recorded on the CoS, or if this is a change to the information originally recorded on the CoS, this change should be reported via SMS.

Q. Will additional information be added to share codes, for example sponsor details, National Insurance Numbers (NINo), and visa types? Are we permitted to request an employee’s immigration status share code or screen shots of their eVisa to get this information?

A. We are aware that employers would benefit from additional information on the output from the online right to work checking service for those individuals with permission to stay under a sponsored immigration route. The outputs provided to third-party checking organisations from our suite of digital status services are based upon the principles of user research and data minimisation. For the Right to Work scheme, this means the information provided is only what is necessary to enable the employer to obtain a statutory excuse. For these reasons, we don’t currently provide information such as an individual’s visa type or CoS number. 

Additional information that would have been available on biometric residence permits (BRPs) (including visa type and NINo are currently not available to view by the employer but are viewable to the individual on their eVisa profile. 

We are currently considering how best to meet employer needs using either our online right to work checking service or the new sponsorship system. The Home Office will also continue to engage with employers and their representative bodies, to evaluate safeguards and ensure the right to work scheme remains in step with broader pre-employment checking responsibilities and processes.  

Where necessary, employers are able to seek additional information or supporting documentation from sponsored workers to comply with their sponsorship requirements.

Q. Some right to work checks (share code beginning with W) are not clear as to which visa a person possesses (particularly dependent/spouse) as others are clear from the restrictions we can figure out which type i.e. skilled/graduate/ILR etc - where it is not explicitly clear how do we legitimately confirm the visa type, can we request the additional share code (beginning with S) which contains info on visa type?

A. Share codes can only be used for the purpose they were originally selected for. All share codes begin with a letter denoting the purpose the share code can be used for. Where a share code begins with the letter ‘W’, this will indicate that the share code has been generated by a prospective or existing employee to evidence their right to ‘W’ork. 

This question has some aspects in common with the previous one, therefore please also refer to the previous answer which includes relevant information.

Q. Employer Checking Service (ECS) checks are taking weeks to get back when it states up to five days on the system when applying. Has there been a system issue as it causes problems?

A. The ECS is currently providing verification responses within the five working days published Service Level Agreement (SLA).

Q. We are seeing an increasing number of share codes where the first name/surname are the wrong way round, missing names, initials replacing parts of names etc from their passport. We advise candidates to contact UKVI for corrections, but this process is lengthy. Is there a solution to expedite this as this seems to happen more and more often now? Do we still maintain a statutory excuse if we were to accept the right to work despite the discrepancies?

A. The individual worker should contact UKVI directly via the link below to request errors in their personal data are corrected: Contact UK Visas and Immigration for help - GOV.UK. 

Checks using the Home Office online checking service (the share code referred to) do not require employers to check physical documents and can be carried out by video call, as right to work information is provided in real time direct from Home Office systems.  

The requirements for employers to verify right to work do not require employers to conduct checks to confirm an individual’s name. The Home Office generally expects employers when carrying out an online check to (among other matters) satisfy themselves that:    

• the online right to work check confirms that the individual named in it is allowed to work in the United Kingdom and is allowed to do the work in question; and 
• any photograph on the online right to work check is of the employee. 

Provided an employer has satisfied themselves of the requirements, they can accept a share code where the individual’s name may appear in the wrong order.

For more information, refer to the Right to work checks: an employer's guide - GOV.UK.

Q. What is the phone number of the business help desk? 

A. The business help desk (BHD) is an email service. Please use this link for guidance on submitting an email query  to the BHD. 

The Business Help Line (BHL) is a telephone service. The telephone number for the BHL is: 0300 123 4699.

Q. Can the helpdesk give advice on SOC codes?

A. UKVI, including the BHD, cannot advise work sponsors on which SOC code to use for roles undertaken by sponsored workers. 

Q. Is the minimum salary threshold for sponsorship likely to change soon?

A. On 9 April 2025 the minimum salary threshold for skilled workers increased to £12.82 per hour or £25,000 per annum, (from £23,200). Please check the relevant guidance for the current minimum salary required for individual SOC codes.

More details are available in the NHS Employers latest news and Home Office announcement. 

Q. We have band 5 biomedical scientists that we are unable to sponsor because of the salary. Can these please be added onto the NHS job list? There is a shortage for this job role.

A. NHS Employers has been engaging with the Department of Health and Social Care and the Home Office on this issue and will keep employers updated. 

Q. Can we sponsor a trainee pharmacist who is on placement for 12 months at an independent pharmacy? We will continue to pay their salary etc. 

A. The sponsor must be the organisation responsible for their duties, functions, and outcomes or outputs, and for paying the worker. Additionally, any worker who is being sponsored to work on a contract basis for a third party must meet the requirements set out in S1.27 onwards in part 2 of the sponsor guidance: Workers and Temporary Workers: guidance for sponsors part 2: sponsor a worker – general information (accessible) - GOV.UK. 

Q. For someone who is a band 3 health care support worker, can they apply for dependants on SOC code 6135/6136?

A. People making their first Health and Care Visa application for the roles care workers (SOC 6135) and senior care workers (SOC 6136) after 11 March 2024 are not permitted to bring dependants to the UK as part of their visa.

Care workers and senior care workers in the route prior to 11 March 2024 are able to remain with their dependants, including extending, changing employer (within their SOC code) and settlement.

Where a care worker or senior care worker is in the route before the immigration rules change, but has not yet brought dependants, they will be allowed to bring dependants during their sponsorship (on this visa).

The restriction on dependants only applies to SOC codes 6135 and 6136. All other SOC codes, including 6131 (nursing auxiliaries and assistants) have no restrictions on dependants. 

Q. If someone has made a Further Leave to Remain (FLR) application, how long normally we should except for an outcome? How long they are legally allowed to continue working with us before a decision has received? 

A. The standard SLA for straightforward Health and Care Worker Skilled Worker in-country applications is 15 working days for, and eight weeks for Skilled Worker SOC codes not within the Health and Care Skilled Worker Visas. 

Assuming the FLR application has been submitted before the existing visa has expired, applicants are covered by 3c leave when they submit an in-time renewal application. 3c leave allows an applicant’s visa conditions to continue whilst their application is being considered by UKVI. If the applicant is applying to continue working for you, they are permitted to work until their application is decided as per the terms of their previous visa. In this situation, the employer should contact the Employer Checking Service  (ECS) to clarify the individual’s current RTW status. A Positive Verification Notice (PVN) response from the ECS will provide an employer with a statutory excuse against liability for a civil penalty for six months.   

Please note, if a migrant is moving from another sponsor, they will only be allowed to commence working for you after their visa has been granted.

Q. Can healthcare professionals use the Global Talent Visa route? 

A. The Global Talent route is for talented and promising individuals in the fields of science, digital technology and arts and culture wishing to work in the UK.  Applicants are leaders in their field, or have the potential to be leaders, as determined by an endorsing body.

Academics and researchers can access the Global Talent Visa via a number of pathways. Those recognised as being at the pinnacle of their field can be fast tracked straight to the visa application if they hold a qualifying prestigious prize such as the Holberg Prize, Fields Medal and Queen Elizabeth Prize for Engineering.  Alternatively, those without an accepted prize can apply to be endorsed by one of our Global Talent endorsing bodies which cover the science, engineering, humanities, medicine and research sectors:

• The Royal Society, for science and medicine
• The British Academy, for humanities
• The Royal Academy of Engineering, for engineering
• UK Research and Innovation (UKRI), for researchers.

Individuals who are granted permission in the Global Talent route can work in any capacity, except for as a professional sports person or coach.

Guidance on Global Talent is available at this link on GOV.UK. 

Q. Is there a grace period for migrants whose visa has expired? A doctor recently decided at the last minute not to leave the UK, and HR was only informed at the last minute. Is there a way to address this situation if the migrant's visa is about to expire or has already expired?

A. Health and Care Visa holders are granted an additional 14 days at the end of their visa to wrap up their affairs and leave the UK or make a new visa application. The 14 days is added beyond the end date entered by the sponsor on the Certificate of Sponsorship.

If the doctor’s immigration status is currently unresolved, they may wish to consider seeking independent immigration legal advice.

Q. It used to be that sponsorship could only be considered when no person with actual right to work could be found to fill a vacancy. Now I have too many applicants for each role - should not sponsorship be reset? This is costing a lot of money for the NHS.

A. The resident labour market test (RLMT) was removed when the new points-based system was introduced after the UK exited from the EU. 

Currently, employers must take all applications into consideration and cannot sort applicants based on their right to work. NHS Employers has guidance on employer responsibilities and avoiding discrimination which outlines best practices to avoid claims of direct or indirect discrimination.

Q. If a candidate is a dependant to a main visa holder account and they are separated can the dependant continue to work? The Home Office guidance states they should inform the Home Office, but the system is very slow in updating the dependant right to work on the system.

A. A dependant can continue to work while their visa permission remains valid. It is not possible to provide a definitive timeframe when a visa may be cancelled, but employers should ensure they are up to date with an employee’s current right to work status.

Q. There is a sponsor responsibility, but how often and when should employers remind individuals that their visa is coming up to expiry and to take action? 

A. Sponsors are required to have adequate processes in place to ensure they do not continue to employ migrants when their visa expires. The Home Office does not prescribe how often, or a timeframe by which, a sponsor should remind a migrant to renew their visa. 

If a sponsor continues to employ a migrant after their visa expires (and an in-time extension application has not been submitted), the migrant will be working illegally. Appropriate compliance action will be undertaken for the breaches of sponsor duties including illegal working. 

Q. Can people apply for an extension to their visa any earlier than three months? As per current guidance, they cannot, but we have been told that other organisations were able to do it.

A. Yes, but they will need to meet all the conditions of the visa route to be successful. For example, Certificate of Sponsorship (CoS) should not be assigned more than three months before the start date entered on the CoS.

Q. It was mentioned that in some circumstances the Immigration Skills Charge (ISC) is exempt and not paid - can you please explain this a little more and the situations of when its paid and not paid?

A. The following link sets out the exemptions to the Immigration Skills Charge.  

Q. Why does the NINo now take up to four weeks. We have employees starting without pay until this arrives. This is mandatory especially in NHS? 

A. UKVI is not able to advise on NINo issues. 

Q. What happens if someone is switching employers and their new end date and previous end date are similar, how we would know which one is relevant to on the share code and ensure we have the correct right to work check?

A. To establish a statutory excuse against liability for a civil penalty, employers must carry out one of the prescribed Right to Work checks prior to the commencement of employment.

Q. Are you able to advise how those who work on agencies get visas? We have several candidates coming to us and their reasons are that they are not getting sufficient hours with their current sponsor. As this is us part of obtaining a CoS how can this be the case?

A. Part 1 of the sponsor guidance sets out the general eligibility requirements for all organisations seeking a sponsor licence Employment agencies can apply for a licence but only to sponsor workers who will be employed directly by them in connection with the running of their business. They are not eligible for a licence if they are sponsoring workers to provide them as labour to another organisation.

If you have information indicating a sponsor is not providing their sponsored migrants with the minimum number of hours of paid worker in-line with the role described on the sponsored worker’s CoS, you should report this using the most appropriate option via Report an immigration or border crime - GOV.UK. 

Q. Can employees work for us on an honorary contract if they are sponsored by another workplace to be based at a particular site? And vice versa would we be responsible for reporting someone having an honorary contract to work for another employer but be paid by us?

A. This is essentially the same question as trainee pharmacist one above as the same answer applies.

Q. Can I sponsor a worker in one of our subsidiary organisations if my licence doesn't stipulate the name of the subsidiary?

A. If the subsidiary is not added to the licence as a branch, then this would constitute providing the worker to a third party and the guidance referred to above applies. 

Q. I have recently reported a TUPE transfer for a site we recently acquired. I have followed the TUPE guidance and emailed to the mailbox but have received no response back. When emailing the NHS Home Office team, I received a very generic response back to say they don't deal with it and refer me back to the guidance. I am struggling to get a firm response on if this has been dealt with.

A. Employers have a duty to report changes within 20 working days to the Home Office. For straightforward changes, the Home Office works to the standard SLA of 18 weeks. However, TUPE cases are often complex and may therefore take longer than 18 weeks to complete. UKVI will contact you if they need further information to complete the TUPE.   

Q. If a staff is TUPED over to a new organisation, do we mark them as stop sponsoring on migrant activity and the new sponsor will transfer them over to them?

A. Yes, the existing sponsor needs to report this via SMS and confirm within the free-text box the worker has transferred under TUPE arrangements. You also need to provide sufficient information to enable UKVI to identify the sponsoring they have transferred to (including sponsor name, and Sponsor Licence Number (SLN)). You should liaise with the sponsor the migrant to transferring to ensure they send the information they are responsible for to UKVI. 

Q. What is the SLA for the Home Office to complete the merger of two NHS trusts SMS accounts from the date the trusts have merged? 

A. As outlined above, for straightforward changes, the Home Office works to the standard SLA of 18 weeks. Complex TUPE changes may take longer than 18 weeks to complete. 

Q. Two NHS trusts work collaboratively and their medical staff can work across both organisations as part of clinical fellowship programme. Will both trusts be required to sponsor the doctor for each rotation period? 

A. If the requirements set out above regrading workers who will be working for third parties on a contract basis are not met, yes. See, also, S8.20-8.22 of part 2 of the sponsor guidance as secondary employment could be considered rather than for each rotation: Workers and Temporary Workers: guidance for sponsors part 2: sponsor a worker – general information (accessible) - GOV.UK. 

Q. When setting up a CoS, if the migrant's current right to work in the UK (with another sponsor) expires before the anticipated start date stated on the new CoS, would this be okay?

A. The end date of a previous visa is not necessarily an issue, however in terms of dates you need to bear in mind:

The Immigration Rules state "The applicant must have a certificate of sponsorship that was issued to them by their sponsor no more than three months before the date of application."

And that a CoS must include a start date, stated by the sponsor, which is no more than three months after the date of application.

Q. When is the new CoS fee from £239 to £525 be implemented?

A. The fee increase came into force on 09 April 2025. 

Q. The Home Office had a simple tool that could be used to check whether the ISC needed to be paid for a CoS or not as opposed to the confusing guide in the sponsorship guidance. That tool is no longer active. Can it be brought back please as it was really helpful and straightforward?

A. There are no plans to reintroduce the ISC tool. Please use the link below to the guidance check if the ISC is applicable: UK visa sponsorship for employers: Immigration skills charge - GOV.UK

Q. If internal organisational changes i.e. salary stated etc have been made since we submit a CoS application, how can we edit the CoS?

A. If the application has not yet been decided, you can add a sponsor note to the CoS. After the application has been approved, you will need to report the changes to UKVI via SMS. To report a change – see SMS guides: Sponsorship: guidance for employers and educators - GOV.UK. 

Q. There are specific elements of information that are required to be known, to make a CoS application correctly. This is to prevent us from being penalised/ downgraded/suspended, which would ultimately impact on our workforce. Is it reasonable to ask us to make assumptions? For example, student status to determine if ISC is eligible, or graduate status, for new entrant and four-year limit. 

A. Sponsors should undertake reasonable and appropriate actions and checks required to ensure the information they enter on the CoS is accurate.

Q. When a candidate moves employers before there CoS ends how is a refund processed?

A. The only fee which may be eligible for a partial refund is the ISC. Please see the ISC information in the SMS section for advice on when the ISC is refundable and how to chase a missing refund. 

Q. Currently, we add a sponsor note on a CoS stating someone is eligible for a Health and Care Visa, do we need to do this or should it be automatically picked up by UKVI?

A. The sponsor is required to include a brief explanation on the Certificate of Sponsorship setting out how the employee meets the Health and Care Visa eligibility requirement. 

Q. Can CoS be renewed/extended after five years? If yes, what is the maximum number of years you can apply for?

A. A CoS cannot be extended or renewed; however a new CoS can be assigned, and a new application submitted for the worker if the sponsor is seeking to extend their sponsored employment.  Each CoS can be assigned for the maximum period as set out in the rules, this is currently five years. 

There is no limit to the number of times new CoS can be assigned and applications submitted for sponsored migrants. 

Q. Is there a way to have all visa types on ESR? 

A. All visa types should be included. If there are gaps, please raise a service request via the ESR Service Desk. 

Q. On ESR, could the EU settled status and pre-settled status be included in the same screen we record other visa categories rather than be two separate areas? 

A. This is not possible, please note that this information can be transferred into ESR via e-recruitment interfaces and is reportable.

Q. Mandatory employment check information fields in ESR can be set as a must input filed?

A. It is not possible to set all fields as mandatory due to the possibility of all relevant information not being available at the point of processing the Mandatory NHS Employment checks, this may cause issues with progressing assignments on to ESR if all fields are mandated. 

Reports are available which detail information entered. 

Q. Do you have to keep a historical record of all checks on ESR or just the most recent check done?

A. It is the decision of each individual employer to decide the protocols of how they manage their employment checks.

Sponsors should ensure they always have adequate HR processes to maintain accurate and up to date records to meet their sponsor duties.

Q. In our trust there is some confusion on where to enter the right to work - in the employment checklist or the fields accessed via the mandatory employment checks fields. Which is recommended? And is there a protocol on retaining rows or overwriting previous information?

A. Please refer to the following guidance in relation to right to work and ID checks in relation management of Employment checklists:

Enter and Maintain Employment Checklist - ESR User Manual - ESR User Manual - NHS Electronic Staff Record

Applicant Management in ESR - ESR User Manual - ESR User Manual - NHS Electronic Staff Record

Q. I note that finance is not a reason to decline sponsorship due to discrimination. However, what do we do if there is no budget?

A. NHS Employers has guidance on employer responsibilities and avoiding discrimination which outlines best practices to avoid claims of direct or indirect discrimination. 

Employers should seek their own immigration advice when assessing objective justification.

Q. Can immigrants complete an apprenticeship with their employer while being on a skilled worker visa?

A. Yes, however their Right to Work will need to cover the duration of the course. To address this, some employers have been offering a five-year visa instead of a three-year visa when first coming to the UK.

Q. Should all candidates be shortlisted/interviewed if we are aware they don’t meet criteria for sponsorship? i.e. band 2 roles/jobs on the list of not eligible for sponsorship. Previous legal advice suggests we should shortlist all to avoid discrimination, but some jobs have hundreds of applicants which makes this very difficult for managers. 

A. NHS Employers has guidance on employer responsibilities and avoiding discrimination which outlines best practices during the shortlisting process.

Q. What do you do as an employer in situation where an employee is unable to afford the cost of ILR at the end of their five-year contract? 

A. Employers can extend a Certificate of Sponsorship past five years. Individuals can also be encouraged to gain their indefinite leave to remain to secure their rights, but employers can also extend their sponsorship if required. Some employers are also offering a ‘salary advance’ or loans that are paid back over 12-24 months. Employers need to be mindful that deductions do not take employees below national minimum wage and also how salary deductions are calculated when determining salary threshold due to the changes that came in April 2025.