Most applicants under the UK’s worker visa route must meet certain financial requirements when applying for entry clearance or permission to stay (when they have already been in the UK for less than one year at the date of application). Sponsored workers are not permitted to claim public funds in the form of benefits and other assistance from the state. As such, applicants must prove they have the means to support themselves and any dependents in the UK until they begin to receive an income. This is known as the financial requirement—also known as the maintenance requirement.
The sponsoring employer can certify this requirement on the Certificate of Sponsorship (CoS) by ticking the relevant “maintenance” box, which is standard for most applications. In doing so, the employer is certifying maintenance, thereby ensuring the visa applicant and any family members meet this requirement. In order to certify maintenance, the sponsor must hold an A rating on their license. If this box is ticked on the CoS, the applicant is not required to provide any further evidence of their finances in support of the visa application.
By ticking this box on the CoS, the sponsoring employer agrees to certify maintenance for the worker and any dependant family members. Sponsors must ensure that the applicants are aware that they must not claim public funds. If applicants or their dependents claim public funds with the knowledge of the sponsor, UKVI may take enforcement action against the applicant and compliance action against the sponsor. When a sponsor certifies maintenance for a worker and any dependents, it confirms that it will, if necessary, maintain and accommodate the worker up to the end of their first month of employment in the UK, up to the following amounts:
- £1,270 for the main applicant
- £285 for a dependent partner
- £315 for the first dependent child
- £200 each for each additional dependent child
Should the sponsoring employer opt out ot certifying maintenance on the CoS for either the worker or their dependants, the applicants must provide personal bank statements to evidence the necessary level of funds.
Finally, the visa applicants automatically meet this financial requirement if they have been in the UK on a valid visa for 12 months or longer at the time of their application. In such cases, sponsoring employers do not need to certify this requirement on the CoS, and the applicants do not need to provide evidence of their finances.
This news alert is for informational purposes only and does not constitute legal advice. For case-specific guidance or further information, please contact Newland Chase directly.
