Significant changes to the Immigration Rules in relation to sponsoring non-UK/non-Irish nationals come into effect from 4 April 2024. These include: 

• significant increases to both the minimum salary thresholds and going rate salaries for Skilled Workers and Global Business Mobility: Senior Specialist Workers  
• replacing the Standard Occupational Classification (SOC) 2010 system currently used with the SOC 2020 system. This means that, in addition to significant increases to going rate salaries, there will be changes to certain SOC Code numbers and job descriptions
• complex transitional arrangements lasting until 3 April 2030 for those whose previous Skilled Worker application was decided on the basis of the Immigration Rules in place as at 3 April 2024

These changes will affect all immigration applications which are supported by a Certificate of Sponsorship which was assigned on or after 4 April 2024. If the Certificate of Sponsorship is issued before 4 April 2024, the immigration application will be decided on the basis of the current Immigration Rules (even if the immigration application is made on or after 4 April 2024). We therefore recommend, where possible, the Certificate of Sponsorship (CoS) is issued before 4 April 2024. 

Sponsorship management system unavailable

However, in practice the CoS will need to be issued before 7pm on 2 April 2024. This is because the Home Office has announced that, in order to implement these changes, the sponsor licence application form and the sponsorship management system (SMS) will be unavailable from 7pm on 2 April 2024 until 9am on 4 April 2024.

During this period sponsors will not be able to:

• apply for a sponsor licence, apply to add routes to their licence, or renew their licence
• apply for any Skilled Worker Defined Certificates of Sponsorship (DCoS)
• ask to increase or renew their allocation of Undefined Certificates of Sponsorship (UCoS)
• assign any CoS to any workers they wish to sponsor

DCoS applications made before 7pm on 2 April 2024

If you need to request a DCoS to sponsor someone as a Skilled Worker who is applying from overseas, you should apply for this DCoS as soon as possible. The Home Office has said that they will process as many DCoS applications as they can before 7pm on 2 April 2024. However, there are currently delays, and we are finding requests for DCoS are taking at least a week and sometimes more to process. 

Any application for a DCoS which is still outstanding as at 7pm on 2 April 2024 will be cancelled. If the application is cancelled, the sponsor will need to make a new application after 9am on 4 April 2024 based on the relevant SOC 2020 occupation codes and revised salary thresholds. This may mean having to pay a significantly higher salary to the sponsored worker in order to meet the Skilled Worker requirements. 

We recommend you make sure that you have submitted all of the required information (including details of working hours) with your DCoS application to increase the chances of the Home Office processing the application before 7pm on 2 April 2024. It is very unlikely the Home Office would be able to process the application in time if they need to request further information.

DCoS applications granted before 7pm on 2 April 2024

If you are granted the DCoS with a SOC 2010 code, you must ensure that you then assign the CoS before 7pm on 2 April 2024. If you do not, the DCoS will be cancelled, and you will need to make a new application for a DCoS after 9am on 4 April 2024 based on the relevant SOC 2020 occupation codes and revised salary thresholds. 

UCoS allocations

If you wish to sponsor someone who is already in the UK (other than as a visitor) you will need to assign a UCoS to them. You should check the SMS as soon as possible to ensure that you have a UCoS allocation available. If you do not, you should request a new allocation of UCoS as soon as possible. You will be unable to request an increase to your UCoS allocation, or apply to renew your allocation, between 7pm on 2 April 2024 and 9am on 4 April 2024.

If you make your request before 7pm on 2 April 2024, we understand that the the Home Office will consider it as normal but if your request is not decided (or you do not assign any CoS allocated to you) before 7pm on 2 April 2024, you will need to ensure any CoS you assign after that date meets the new requirements of the Immigration Rules. 

It can take the Home Office up to 18 weeks to process requests for an UCoS allocation. You should therefore try each day to obtain a priority slot, although there are only a limited number of these available so unfortunately there is no guarantee you will be successful. 

Existing UCoS allocations are not affected by these changes. However, if you wish to sponsor a worker under a SOC 2010 occupation under the existing Immigration Rules, you must ensure that you assign the CoS to the worker before 7pm on 2 April 2024.

If you have any UCoS with the status of “work in progress” or “ready to go” and have not assigned them by 7pm on 2 April 2024, you will need to update them with the relevant SOC 2020 occupation code and ensure they meet the revised salary thresholds before you can assign them to a worker.

CoS assigned before 7 pm on 2 April 2024

DCoS or UCoS which have been assigned to workers before 7pm on 2 April 2024 will not be cancelled. They will remain valid for three months and the worker must ensure they submit their immigration application within three months of the date on which you assigned the CoS.

Any immigration applications made using a CoS which was assigned before 7pm on 2 April 2024 will be considered with reference to the salary thresholds and SOC 2010 occupation codes under the Immigration Rules in place before 4 April 2024, even if the individual applies on or after that date.  

Please contact us if you need any assistance or have any questions as to how the forthcoming changes will impact you.