UNITED KINGDOM: Updates for Those Who Have Applied for a Worker Visa

December 23, 2020

During the current pandemic, the Home Office has already confirmed that applicants who are waiting for a decision on certain work visas can start work before such leave has been granted.

This meant that if the applicant had applied for a specific work visa and was waiting for a decision on their application, they could start work before their visa application has been decided, before 1 January 2021, if:

  • they have been assigned a Certificate of Sponsorship (CoS)
  • they have submitted their application before their current visa expired and can show their sponsor evidence of this
  • the job they start is the same as the one listed on their Certificate of Sponsorship

However, the Home Office has now confirmed when this policy will end. Specifically, if an applicant’s Certificate of Sponsorship is assigned from 1 January 2021, they must wait until their visa application has been granted before starting work unless their current visa allows them to work in that job.

Our Advice

Applicants and sponsors are reminded to ensure that they are only working within the permissions of their visa and ensure that any employee who utilises the above provision is relying on a Certificate of Sponsorship that was assigned before 1 Jan 2021.

For general advice and information on immigration and business travel to the UK, please contact us.