Clarity for job shortage sponsorship with new Immigration Rules changes

September 26, 2021

Sponsoring overseas employees is currently being considered by some employers with numerous job vacancies.

While there are rules and regulations surrounding sponsorship, a new statement of changes published by the government does provide some clarity for those considering this option.

The proposed changes to the Immigration Rules shows some of the concessions introduced during the COVID-19 pandemic will now be incorporated.

Julie Moktadir, Head of Immigration at Stone King, highlighted the key changes and said they will be welcomed by immigration lawyers and employers.

She said: “The change to the settlement rules is for those who applied in-country to the Skilled Worker route from 24 January 2020 – 30 June 2021.

“This means that, for those who were able to start work whilst awaiting a decision on their application, the rules will allow those with successful applications to count the time period that they were waiting for a decision towards their continuous residence.”

The concessions were previously just guidance however they have now been incorporated into the Immigration Rules through these statement of changes.

“This development will also be well received by so many migrants who have been restricted from travel or progressing with their lives due to the pandemic,” added Julie.

“Calculating periods of continuous residence is often stressful and sometimes challenging for migrants. For example, an individual may have come to the UK as a student and completed their course of study. They may have been unable to leave the UK and subsequently have been living and working in the UK. They would thereafter have made an application to remain in the UK as a skilled worker.

“Previously this period of residence would not have counted towards their continuous residence (five years is required) for the purposes of settling in the UK. These changes now do allow this period of residence to be counted which is a welcome change.”

Julie can be contacted on 0800 111 4336 or at JulieMoktadir@stoneking.co.uk

The update to Immigration Rules can be found here.