When is the Immigration Skills Charge applicable?

A UK employer intending to recruit a non-EU migrant might need to pay an Immigration Skills Charge (ISC) for each Tier 2 (General or Intra-company Transfer) worker whom they intend to sponsor.

What is the Immigration Skills Charge (ISC)?

The ISC was introduced on 6 April 2017. Under the ISC Regulations 2017, sponsors must pay the ISC each time they assign a Certificate of Sponsorship (CoS) to a skilled non-EU worker.

How much do you need to pay?

The ISC depends on the size and type of organisation, as well as the length of employment stated in the CoS. For instance, for small or charitable sponsors, the fee is £364 per year. For a large company, the fee is £1,000 for any stated period of employment up to 12 months.

Please note that if the worker will be in the UK for longer than 6 months but less than a year, a full year ISC is payable. For example, in the case of a non-EU migrant working in the UK for 8 months, the sponsoring company will need to pay the full ISC in the amount of either £364 or £1,000.

When is the ISC applicable?

The sponsor will need to pay the ISC if:

  • A non-EU migrant is applying for a Tier 2 visa to work in the UK for 6 months or more;
  • A worker is applying for further leave to remain Tier 2 (change of employment) and the initial Tier 2 visa was granted after 6 April 2017;
  • A migrant is applying for a further leave to remain Tier 2 (extension) with the same employer but the occupation is under a different Standard Occupational Classification (SOC) code, and the initial Tier 2 visa was granted after 6 April 2017;
  • An employee is applying for further leave to remain Tier 2 (change of employment) with the same employer but the occupation is under a different SOC code, however, the initial Tier 2 visa granted after 6 April 2017.

 

What are the exceptional circumstances?

In some circumstances, the sponsor does not need to pay ISC depending on the immigration history of the Tier 2 migrant. For instance:

  • A migrant is a Tier 4 (Student) visa holder and is switching to a Tier 2 (General) visa;
  • A worker is applying for a Tier 2 (ICT) Graduate Trainee visa;
  • A migrant will do a job with a PhD-level standard occupational classification (SOC) code;
  • The sponsor does not need to pay the charge for any of the workers’ dependants, for example, their partner or child;
  • If the length of the CoS is less than 6 months and the migrant is applying for a Tier 2 entry clearance, the sponsor does not need to pay the ISC. However, if the worker is applying for a Tier 2 (General) from within the UK, the ISC is payable even if the length of the CoS is less than 6 months;
  • A worker who is applying for a Tier 2 General further leave to remain (extension) with the same employer and the occupation is under the same SOC code;
  • A migrant who was sponsored in Tier 2 category before 6 April 2017 and is applying for a Tier 2 extension stay with the same employer or a different sponsor;
  • An employee who has switched from Tier 4 to Tier 2 (General) since 6 April 2017 and is applying for an extension stay with the same employer in the same role;
  • A migrant is applying for a Tier 2 (Sportsperson), Tier 2 (Minister of Religion), Tier 5 visa.

 

Contact Our Immigration Team

For expert advice regarding any aspect of the Tier 2 work visa application, please contact our immigration team on 0203 384 3075.

 

 

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.