Further details
This prohibition extends beyond the GBP 239 CoS fee and includes legal fees incurred in the preparation and drafting/assigning of the CoS and application forms. Therefore, sponsors cannot pass on these legal costs to the sponsored worker.
Additionally, the guidance does not specifically define "administrative costs", but it should be understood in its plain reading to mean any costs covered by the sponsor to obtain, use, or maintain their licence. The legal costs incurred by the sponsor for services such as the Premium customer service for employers, the pre-licence priority service, and the priority change of circumstance service are also prohibited from being passed on/clawed back.
Furthermore, even if a sponsor has obtained prior approval from the worker to claw back legal fees associated with preparing/assigning the CoS and application forms, in the event the worker leaves the business before the end of the sponsorship, this practice is expressly prohibited under the new revised guidance. Skilled Worker sponsors are not allowed to pass on any sponsorship-related costs or pursue recovery of them after the fact.
The guidance does not currently apply to Global Business Mobility workers.
Further details regarding these changes can be obtained by reaching out to your usual contact in our Global Immigration & Mobility team.
