She writes:
Are my current Tier 2 or Tier 5 sponsorship licence duties affected?
Ordinarily, Level 1 Users on an organisation’s sponsorship licence are required to report when a sponsored worker is absent, using the Sponsor Management System (SMS). Relevant absences include if a worker does not attend their first day of work and if the worker is absent, without permission, for more than 10 consecutive working days.
The Home Office has recognised that the coronavirus will prevent many workers from coming into work for a variety of reasons, such as a result of illness or quarantine measures. In light of this, it has confirmed in its guidance, found here, that Sponsors do, ‘not need to report student or employee absences related to coronavirus’.
Licence holders also usually have to cease the sponsorship of a worker if they are absent from work without pay for 4 weeks or more in any calendar year, unless the absence falls within one of the listed exceptions such as maternity leave or sick leave. The Home Office has indicated in its guidance that an exception will apply in this situation and that no compliance action will be taken against sponsors who continue sponsorship for this reason.
Employers must still comply with all other reporting duties and record keeping duties, which includes a duty to retain a record of sponsored workers absences. We would therefore advise employers to retain correspondence regarding any coronavirus related absences and seek legal advice if they are unsure of any action they must take.
Can a sponsored worker’s start date be delayed if they are unable to travel to the UK?
At the time of writing, the Home Office’s coronavirus guidance has not been updated to reflect that many sponsored workers may need to delay their start date as a result of COVID-19. The current rules therefore still apply in this situation which allow a Tier 2 worker to delay their start date by up to 28 days from the date their visa was granted. This delay should also be reported on the SMS.
Where workers are working from home, and this is an exceptional arrangement, should this be reported on the SMS?
The current position is that any significant changes to a sponsored individual’s circumstances, including if the location they are working from changes, must be reported on the SMS within 10 working days. With the country now in lockdown, many sponsored individuals will now be working remotely, which should ordinarily be reported on the SMS.
The Home Office has confirmed in its coronavirus guidance that ‘you do not have to notify us if you’re sponsoring employees who are working from home due to coronavirus.’ All other changes in working arrangements should, however, continue to be reported.
How can I comply with right to work checks?
The Home Office has confirmed that it will keep its guidance under review and we will provide further updates in due course.
If you have any questions relating to the above or require further assistance please get in contact with JulieMoktadir@stoneking.co.uk