header-logo header-logo

Sponsorship, risk assessment & a duty to comply

22 July 2020 / Shane Crawford
Issue: 7896 / Categories: Features , Employment , Immigration & asylum
printer mail-detail
24644
Shane Crawford highlights the complex situation of sponsoring an immigrant worker during the pandemic
  • Tensions between latest government advice for sponsors of immigrant workers: what are the implications for sponsors regarding right to work and possible termination of employment?

Current focus for commentary in employment law has been on the effect of certain principles on the employment relationship for domestic workers.

Included in the recent guidelines issued by the government were provisions for employers of immigrant workers for whom the employer has assigned a Certificate of Sponsorship (CoS)—Government COVID-19 advice (https://bit.ly/3cNsy9t).

This in summary states that during the present lockdown a sponsor may employ a worker if:

  • certificate of sponsorship is assigned;
  • the worker submitted an immigration application before expiry of previous leave (so not an overstayer); and
  • the role for which a worker is employed is the same as in the certificate of sponsorship.

But the advice goes on to state that the employer must dismiss if the immigration application is refused. This does not sit easily with employment law governing

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll