- Civil Society
Managing working arrangements for sponsored employees
Understand how different working arrangements affect sponsored roles, when changes may need to be reported, and how to manage compliance in practice.
Why does the way a role is carried out matter?
For sponsored workers, it is not just the job itself that matters, but how and where the work is done.
If the day-to-day working arrangement changes over time, this can create compliance risks. Employers are expected to have an accurate and up-to-date understanding of how the role operates in practice.
What types of working arrangements are there?
Most roles will fall into one of three working models:
- Office-based working, where the role is mainly carried out from a fixed workplace
- Hybrid working, where time is split between remote work and attending a workplace
- Remote working, where the role is performed largely or entirely away from any office location.
Understanding which model applies is important, as the compliance position can change depending on how the role is actually structured.
How can employers identify if a working pattern has changed?
Working arrangements do not always change suddenly. In many cases, they shift gradually.
Employers should look at where the worker is mainly based, how often they attend a workplace, and whether the role has effectively moved from one working model to another over time.
When does a change need to be reported?
Not all changes will require reporting. Occasional or short-term home working will not usually trigger any action.
However, employers should take a closer look where:
- The worker is no longer clearly linked to their original workplace
- A hybrid arrangement becomes mostly remote in practice
- The role is carried out remotely on a long-term or permanent basis
- There has been a contractual change to the employee’s working location
In these cases, it may be necessary to report the change if the role is no longer being performed as originally sponsored.
How should employers manage different working models in practice?
Employers should ensure that each sponsored role has a clearly defined working base, even where flexible arrangements are in place. This applies also to sponsored workers who work at client sites.
Internal records should reflect how the role is actually carried out and should be reviewed regularly. This helps ensure that any changes are identified early and dealt with appropriately.
What should be reflected in sponsorship records?
Sponsorship records should show the worker’s normal working base.
For hybrid roles, this will usually be a primary workplace, with flexibility managed internally. If a role moves towards fully remote working, employers should consider whether this represents a change that needs to be formally recorded or reported.
What is the main compliance risk to be aware of?
The main risk is not flexible working itself but failing to recognise when a role has shifted from one working model to another.
If a role moves from office-based to hybrid, or from hybrid to remote, without being reassessed, this can result in records that no longer reflect how the role is actually carried out.
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FAQs for Managing working arrangements for sponsored employees
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If a sponsored worker changes job in the same organisation, when do we need a new Certificate of Sponsorship and a new Immigration Skills Charge payment?
If a sponsored worker moves to a new job in your organisation, you need to assign a new Certificate of Sponsorship only if the new job falls under a different occupation code. The new Certificate of Sponsorship will be used to submit a change of employment application for the employee. In some cases, a role can change but remain within the same occupation code, in which case a new Certificate of Sponsorship may not be required, though often the sponsor will need to report the changes. The correct approach depends on the circumstances, so it is advisable to seek legal advice before making any changes.
Immigration Skills Charge payments apply when the worker’s visa length changes: you pay the Immigration Skills Charge for the full length of the visa, and if the new Certificate of Sponsorship extends the visa, you pay for the extra period. -
How long can sponsor change of circumstances requests take, and what does the priority service mean?
To register a change of circumstances, a sponsor must use the Sponsor Management System. However, requests can take up to 18 weeks to process.
There is a priority service available that can register a change within 5 working days for a fee of £350. -
Can we certify maintenance for a worker on the Certificate of Sponsorship, and if so, when is that allowed?
In the Skilled Worker sponsor route guidance, GOV.UK states that if you are an A-rated sponsor, you can certify that the worker meets the financial requirement when you assign the Certificate of Sponsorship (commonly described as certifying maintenance).
If you do not certify maintenance (or are not able to), the worker must then provide evidence of funds to meet the financial requirement under the Immigration Rules.
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