I am a sponsor licence holder, but my employee is still waiting for a decision on their application
Your employees can start work before their application has been decided if:
- You have assigned a Certificate of Sponsorship (CoS) and either:
- you’re applying under the Health and Care visa; OR
- it was assigned before 1 January 2021
- your employee submitted their application before their current visa expired; and
- your employee must show you evidence of this; and
- the job the employee starts is the same as the one listed on their CoS
If their application is eventually rejected as invalid or refused, you as their sponsor, will need to stop sponsoring the employee and they must stop working for you. The employee in question should then either leave the UK or seek to regularise their immigration status if this happens.
If their CoS was assigned from 1 January 2021 and they are not applying under the Health and Care visa, they must wait until their visa application has been granted before starting work, unless their current visa allows you to work in that job.
- Skilled Worker visa
- Health and Care Worker visa
- Intra-company Transfer visa
- Temporary Worker visas