What Employers Can and Cannot Claim Back in Sponsorship and Immigration Fees

When an employer sponsors a migrant worker under the UK’s points-based immigration system, there are several expenses that they must cover, including sponsorship and immigration fees. These fees include obtaining a sponsor license and a certificate of sponsorship, as well as an immigration skills charge. But who should bear these costs, and can an employer claim them back from the migrant? In this blog post, we explore what employers are permitted and prohibited from claiming back with regards to the sponsorship and immigration fees.

Fees you cannot claim back

Firstly, the fees associated with the sponsorship license such as the sponsor license fee and certificate of sponsorship fee cannot be claimed back by the employer. Additionally, the immigration skills charge, which is also paid by the employer, cannot be claimed back. Any attempt to do so may result in compliance action being taken.

Fees you can claim back

On the other hand, the UKVI visa fee, immigration health surcharge, and any other fees related to the visa are the responsibility of the migrant. If the employer chooses to pay these fees on behalf of the migrant, they can claim them back from the migrant. It is important for both employers and migrants to understand the difference between these two categories of fees to avoid any compliance issues.

It’s essential for employers to be aware of these rules and regulations surrounding sponsorship fees. Attempting to claw back fees that are not reclaimable can lead to legal trouble and financial penalties. It’s crucial to work with an experienced legal team who can help guide you through the process and ensure compliance with all relevant regulations.

How Can We Help?

Our experienced regulatory team can assist with sponsorship license applications, compliance with sponsorship duties, and handling any issues that may arise during the sponsorship process. If you need help with a sponsorship license or have any questions about the process, please get in touch with our team by emailing nilso@chadlaw.co.uk.

Written by Naila Hussain

Paralegal, Crime and Regulatory Department.