To apply under Tier 5 (Temporary Worker), you must have a sponsor.A sponsor is a United Kingdom based organisation that you want to work for (for Government Authorised Exchange the sponsor must be an overarching body) in the UnitedKingdom.
In order to sponsor you, an employer will need to have registered as a licensed sponsor.The sponsor will need to meet the requirements for the particular sub-category within (Temporary Worker) and accept certain responsibilities to help with immigration control.
Your sponsor will need to assign a Certificate of Sponsorship before you can apply for leave underTier5 (Temporary Worker). The Certificate of Sponsorship will act as an assurance that you are able to undertake a particular job and intend to do so.
The Certificate of Sponsorship
The Certificate of Sponsorship is not an actual certificate or paper document but is a virtual document similar to a database record. Each Certificate of Sponsorship has a unique reference number and contains information about the job for which the Certificate of Sponsorship is being issued and your personal details.
Home Office will not provide you with your Certificate of Sponsorship reference number as this is the responsibility of your sponsor.
The sponsor may also need to provide you with some of the information declared when the Certificate of Sponsorship was assigned.You may need this information to accurately complete the points-based calculator and the application form.
A withdrawn/cancelled Certificate of sponsorship
A Certificate of Sponsorship can be withdrawn/cancelled at any time by either us or the sponsor. Where a Certificate of Sponsorship has been withdrawn/cancelled, the same procedures apply to you as for where a Certificate of Sponsorship becomes invalid.
If a sponsor licence is suspended
When a sponsor has its licence suspended, it will not be able to assign any new Certificates of Sponsorship, but this does not immediately affect anyone that it's sponsoring at that time
You can continue to submit applications for leave during the time the sponsor’s licence is suspended if your leave is due to expire.
If you submit an application for entry clearance or leave to remain while the sponsor’s licence is suspended, Home Office will not consider the application.Home Office will hold the application until the suspension is removed.
If you have already been given entry clearance on the basis of a Certificate of Sponsorship assigned by that sponsor but you have not yet travelled to the United Kingdom, you will be allowed to enter and start working for the sponsor. Howeverr, Home Office advise you to check the status of your sponsor’s licence before you travel and Home Office recommend that you do not travel to the United Kingdom if your sponsor’s licence has been suspended.
If you have already travelled to the United Kingdom, you will be allowed to enter the United Kingdom and start work for the sponsor.
If the sponsor’s licence is withdrawn, however, the Certificate of Sponsorship will be cancelled and your application will be refused. If the application is made while you are in the United Kingdom, and it is refused, Home Office may curtail your leave:
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60 days where you were not complicit in the actions that resulted in the sponsor having its licence withdrawn. If you have less than 60 days of your leave remaining, Home Office will not curtail this leave.Y ou may wish to make a further application for leave during this time; or
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with immediate effect where Home Office consider you to have been complicit.
If sponsor's-licence is withdrawn
If a sponsor has its licence withdrawn, any certificate of Sponsorship it has issued will become invalid. This affects you if you have yet to apply for entry clearance, leave to enter, or leave to remain, and if you are already working for the sponsor.
Home Office will refuse any application for entry clearance, leave to enter or leave to remain made by you using an invalid Certificate of Sponsorship.
Where you have already been granted entry clearance but have not travelled to the United Kingdom, the entry clearance will be revoked. Where you have already travelled to the United Kingdom, you will not be allowed to enter the UnitedKingdom.
Where you are in the United Kingdom and working for a sponsor when its licence is withdrawn, Home Office may curtail the leave of
the applicants being sponsored:
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to 60 days where you were not complicit in the actions that resulted in the sponsor having its licence withdrawn. If you have less than 60 days of your leave remaining, Home Office will not curtail this leave.Y ou may wish to make a further application for leave during this time; or
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with immediate effect where Home Office consider you to have been complicit.
If a sponsor does not renew its licence
If the sponsor does not renew its licence, any Certificates of Sponsorship it has issued will become invalid. Home Office may curtail your leave to 60 days. If you have less than 60 days of your leave remaining, we will not curtail this leave.You may wish to make a further application for leave during this time. We may refuse entry to the United Kingdom to you if you have not yet travelled.
Termination of employment
If your employment ends before your period of leave, we may curtail your leave to60 days.If you have less than 60 days of your leave remaining, we will not curtail this leave.You may wish to make a further application for leave during this time.
