STERLING LAW 13.01.2021

CORONAVIRUS (COVID-19): WORKER AND STUDENT SPONSORS

The Home office updated the guidance on 4 January 2021 regarding the following:

If your student or employee is absent

The Home office 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
  • an employee is absent from work without pay for more than 4 weeks

This will be kept under review.

 

If you have issued a Certificate of Sponsorship (CoS) or a confirmation of acceptance for studies (CAS) and the sponsored employee or student has not yet applied for a visa

The employee or student will still be able to apply for a visa.

The start date for the course or employment stated on the CoS or CAS may have changed. We will not automatically refuse such cases.

For example, we may accept a CoS or CAS if they have become invalid because the employee or student was unable to travel as a result of coronavirus. The Home office will consider this on a case by case basis.

 

If you’re sponsoring employees who are working from home

You do not have to notify the home office 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.

 

If you’re sponsoring a student who’s waiting for their permission as a Student or Child Student application to be decided

You may allow students to start their studies before their visa application has been decided if:

  • you are a Student sponsor
  • you have assigned the student a CAS
  • the student submitted their application before their current visa expired and has shown you evidence of this
  • the course they start is the same as the one listed on their CAS
  • the student has a valid Academic Technology Approval Scheme (ATAS) certificate if required

Your reporting responsibilities start from the date that you issue the CAS, not from the date that their application is granted.

If the student’s application is eventually rejected as invalid or refused you must terminate the student’s studies.

If you require further clarification, please contact us.

Recent news
BRP card expiry 20.05.2021
If you have been granted indefinite leave to remain (ILR) in the past few years, you will probably have been issued with a Biometric Residence Permit (BRP) with an expiry date of 31 December 2024.
STATUTORY DEMAND 17.05.2021
If you have an undisputed amount due to you or to your business (e.g. an unpaid invoice) then you can file a form called statutory demand requesting a debtor to settle the debt. If you have an u...
UK police registration for visa holders 19.05.2021
Conditions can be attached to a person’s permission to enter or stay, and this includes a condition requiring a person to register with the police when in the UK. In this post, we look at the polic...
UK VISA FOR EU CITIZENS 20.05.2021
A recent change to immigration laws has made it easier for foreign businesses to send EU workers to the UK to fulfill the contractual obligations they owe to UK customers. EU workers, however, will...
STERLING LAW 15.01.2021
What documents are now required by EU citizens to confirm their right to work in the UK?  The Home Office has confirmed that employers at present have no right to demand that EU citizens apply unde...
Read more