How do I sponsor a migrant?
Downgrading sponsors from an A to a B rating
This page explains how we can downgrade you to a B-rated sponsor on the register of sponsors under the points-based system.
On this page
Tackling non-compliance
We know that most sponsors who employ or teach migrant workers or students are honest and will comply with their duties. However, we have a duty to ensure that we deal appropriately with the minority who do not comply.
The following procedures make sure that we enforce sponsor duties, identify dishonest or incompetent sponsors quickly, and cancel their licences and punish them. As well as taking enforcement action for sponsorship, we will punish any sponsors that breach the laws on illegal working. Our staff are trained and equipped to issue civil penalties and will refer more serious offences for prosecution.
Reasons for downgrading a sponsor
We will downgrade you from an A rating to a B rating if:
- we issue you with a penalty for an offence listed in Appendix C of the full sponsorship policy guidance, unless we withdraw the penalty or cancel it on appeal - note that we will withdraw your licence if you are issued with a maximum civil penalty; or
- you have certified that a migrant will not claim state benefits, and that migrant then does claim benefits with your knowledge.
We may downgrade you from an A rating to a B rating if you, or another relevant person, are convicted of serious offences to do with how you run your business and this makes us doubt your suitability as a sponsor (such as a conviction under the National Minimum Wage Act or for benefit fraud). We will not take into account spent convictions under the Rehabilitation of Offenders Act 1974. (A convictions may become 'spent' a specified time after the date of conviction, if there have been no further convictions during that time. Spent convictions are disregarded for certain purposes.) In these circumstances, we will take into account, among other things, how serious the offence was, the penalty the court imposed and, if the offence was committed by an individual member of staff, any action you have taken against that person.
We may also downgrade you from an A rating to B rating if:
- you assign a certificate of sponsorship saying that a job was on the shortage occupation list and it was not; and/or
- any of your level 1 or level 2 users disclose their sponsorship management system password to another person.
Additionally, we may downgrade an education provider from an A rating to B rating if:
- it continues to sponsor a migrant after they have already failed a re-sit twice or repeated a period of study twice; and/or
- a work placement associated with any of its courses for tier 4 general students accounts for more than 50% of the total course length; and/or
- the study element of any course offered to sponsored students is not undertaken on the provider's own premises; and/or
- it offers courses which are below S or NVQ level 3 (or equivalent), or are below CEFR level A2) for English Language courses, to general students. (This only applies to the migrant's main course of study. Supplementary studies can be at any level.)
See also
Terms explained
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A rating
This term is applied to a sponsor under the points-based system for coming to the United Kingdom to work, train or study. It is the rating awarded by us when a sponsor joins the register of sponsors.
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B rating
This term is applied to a sponsor under the points-based system for coming to the United Kingdom to work, train or study. It is the rating awarded by us when a sponsor joins the register of sponsors. A B rating is a transitional rating for a sponsor who is under a sponsorship action plan.
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Certificate of sponsorship
This is a virtual document (a unique reference number) that an organisation gives to migrants they want to employ, and that the migrant uses when applying.under the points-based system for coming to the United Kingdom to work, train or study. Also known as confirmation of acceptance for studies.
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Civil penalties
A requirement to pay money that can be imposed for an offence without the need for a court conviction.
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Spent convictions
Convictions for criminal offences may become 'spent' after specified periods of time from the date of conviction if there are no further convictions during that time. Spent convictions will be disregarded for certain purposes. They will not normally be taken into account when assessing whether someone is of good character. Convictions that are not yet spent are known as unspent convictions and will be taken into account when assessing good character.