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How do I sponsor a migrant?

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How long workers can stay for

This page explains how long sponsored workers can come to the United Kingdom under tiers 2 and 5 of the points-based system to work.

Tier 2 workers

Migrants coming under tier 2 will initially be given permission to stay for up to three years, depending on the length of their expected employment here.

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Tier 5 workers

Migrants coming here under the tier 5 - temporary workers category will be given different lengths of permission to stay depending on the sub-category they apply under

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Extension of permission to stay

Migrants in the United Kingdom under tier 2 can apply to extend their permission to stay. They must meet the following requirements:

  • they have a certificate of sponsorship for their continued employment before applying to extend their stay;
  • the job is still at or above level S/NVQ3, and the salary is at or above the correct rate.

Another resident labour market test will not be needed because you will have shown on the initial application that the job could not be filled from the resident labour market.

Migrants under the tier 5 - temporary workers category will only be able to extend their stay up to the maximum period of time allowed under the category they are here under.

They can, however, leave the United Kingdom and reapply for permission to enter (known as 'entry clearance') on a new certificate of sponsorship after they have reached the end of their stay. There is no minimum time limit that they must spend abroad before they can reapply under the tier 5 - temporary workers category.

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Change of employment

If a migrant sponsored under tier 2 or tier 5 is changing jobs, the new job must have been subject to a resident labour market test (where appropriate) which has shown that no suitable settled workers are available to fill the post.

If the migrant is continuing to work for the same employer but their core duties and/or responsibilities change, or their position in the employer's hierarchy changes (because of a promotion, for example), this is treated as a change of employment.

The (new) sponsor must issue a new certificate of sponsorship and the migrant must then make a new application to stay in the United Kingdom under tier 2 or tier 5. The migrant's application must be approved by us before they can start work in their new job, whether the new job is with the same sponsor or with a new sponsor. In the meantime, the migrant can continue working in their original job, for their original sponsor (provided their previous permission has not expired) until the start date of the new job, which should be the start date given on the new certificate of sponsorship.

Migrants will automatically get points for English language skills, because they will have shown this for their initial application. However, this does not apply to migrants who came to the United Kingdom on an intra-company transfer. Additionally, migrants will not have to prove they have maintenance (funds).

Migrants who are in the United Kingdom under tier 5 can apply for a change of employment, but we will only grant permission to stay until the maximum time allowed under the relevant sub-category. They will not be able to switch into another tier, category or sub-category, unless they:

  • have already been granted permission to work under tier 5 (Creative and Sporting) as a footballer, in which case they can switch into tier 2 (Sportspeople) if they will still be employed as a footballer and can meet the tier 2 (Sportspeople) requirements; or
  • have already been granted permission to work under tier 5 - Government Authorised Exchange (where a suitable scheme exists) as an overseas qualified nurse, in which case they can switch into tier 2 (General) as an overseas qualified nurse or midwife if they have completed their registration with the Nursing and Midwifery Council and can meet the tier 2 (General) requirements.

In the current economic climate, some employers are temporarily reducing workers' hours to avoid making redundancies. We will not consider a migrant to have undergone a change of employment if:

  • the migrant has current permission to work here under tier 2; and
  • they are continuing to work in the same job, with reduced working hours; and
  • their reduced working hours are part of a company-wide policy to avoid redundancies; and
  • you are not treating migrant workers more or less favourably than resident workers; and
  • the migrant's pay or working hours have not been reduced by more than 30%; and
  • any reduction in their wages is proportionate to the reduction in hours; and
  • the arrangements will be in place for no more than one year.

Before you assign a certificate of sponsorship, you may want to make sure that the migrant can meet the relevant conditions for that tier, category or sub-category you issue it for.

We are aware that due to the current economic climate, some employers are temporarily reducing workers? hours to avoid making redundancies. Where this happens, a change of employment application will not be necessary if:

  • the migrant has a current grant of leave under Tier 2; and
  • the migrant is continuing to work in the same job, with reduced working hours; and
  • the migrant?s reduced working hours are part of a company-wide policy to avoid redundancies; and
  • you are not treating migrant workers more, or less favourably than resident workers; and
  • the migrant?s pay or working hours do not reduce by more than 30%; and
  • any reduction in wages is proportionate to the reduction in hours; and
  • the arrangements will be in place for no more than one year.

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Switching while in the United Kingdom

Switching is the term we use when a migrant who is already legally in the United Kingdom changes immigration status from one immigration category to another.  When the migrant does this, they must meet the initial entry requirements for the new category.

Migrants must meet certain requirements when changing their immigration status and we will impose certain restrictions.  We will only approve an application for a migrant to change immigration category while in the United Kingdom if they:

  • meet the specific requirements of the immigration rules to be given permission to stay in the United Kingdom within the category that they are switching into; and
  • are already in the United Kingdom within one of the categories that allows switching into another category while in the United Kingdom.

A migrant who is in the United Kingdom without having leave to enter or remain for their current stay cannot be given leave to remain in certain categories, and we will refuse these applications.

As sponsor, you may want to make sure that the migrant's current immigration status allows them to switch into the desired immigration category.  If the migrant's immigration status is not in one of the eligible categories, they will not be allowed to switch and we are likely to refuse the application for leave to remain.

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Terms explained

  • Resident labour market test

    This is the process an employer must follow before employing a person who is not a permanent resident of the United Kingdom if he/she is first required to show that no resident worker could be found to take a job.

  • S/NVQ level 3

    This refers to either the Scottish Vocational Qualification or the National Vocational Qualification at level 3. A qualification at this level is one that shows competence that involves the application of knowledge in a broad range of varied work activities performed in a wide variety of contexts, most of which are complex and non-routine. There is considerable responsibility and autonomy and control or guidance of others is often required.

  • Settled

    You are normally resident in the United Kingdom with no immigration restriction on the length of your stay. To be free of immigration restriction you must have the right of abode or indefinite leave to enter or remain in the United Kingdom.

All glossary terms

Policy & Law