On Friday 24th March, we received clarification from the Home Office that the Immigration Skills Charge only applies if the migrant is submitting their first application for Tier 2 leave after 6th April 2017. If they are applying to extend their leave or change employment but were first granted their Tier 2 leave before this date then the charge is not applicable.
As highlighted in our previous article, employers must pay £1,000 per Tier 2 migrant sponsored per year, with a reduced rate of £364 per migrant per year for small and charitable sponsors. The skills charge is not applicable for the worker’s dependants.
The skills charge applies to a sponsor of a Tier 2 worker assigned a Certificate of Sponsorship in the ‘General’ or ‘Intra-company Transfer’ route and who will be applying from:
- Outside the UK for a visa
- Inside the UK to switch to this visa from another
The skills charge does not apply if you are sponsoring:
- A non-EEA national who was sponsored in Tier 2 before 6th April 2017 and is applying from inside the UK to extend their Tier 2 stay with either the same sponsor or a different sponsor
- A Tier 2 (Intra-company Transfer) Graduate Trainee
- A worker to do a specified PhD level occupation
- A Tier 4 student visa holder in the UK switching to a Tier 2 (General) visa
We hope that this provides some clarification, but should you require further advice on whether the immigration skills charge applies to you please email us at firstname.lastname@example.org.