Visa Transition Inquiry
The client is inquiring about the Immigration Skills Charge (ISC) in the context of switching from a student visa to a skilled worker visa in the UK. They wish to understand whether their employer is required to pay the Immigration Skills Charge (ISC) during this transition. The focus is on determining the financial obligations of the employer under the current immigration regulations, seeking clarification on how these rules apply to their situation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkDid my employer have to pay ISC if I switched from a student visa?
If you switched from a student visa to a skilled worker visa in the UK, your employer is generally required to pay the Immigration Skills Charge (ISC) unless they qualify for an exemption. The ISC is typically payable when the Certificate of Sponsorship is issued for the skilled worker visa. However, certain exemptions might apply, such as for PhD-level roles or if the worker will be employed for fewer than six months. It's crucial for your employer to review the specific criteria to determine their obligation.
What are the criteria for an employer to qualify for an ISC exemption when hiring a skilled worker visa holder in the UK?
An employer may qualify for an Immigration Skills Charge (ISC) exemption when hiring a skilled worker visa holder if the worker is switching from a student visa and was previously sponsored by a licensed student sponsor during their studies. Additionally, positions at PhD level occupations and if the worker will be employed for less than six months are exempt.
Are there any circumstances under which the ISC can be refunded or waived during the transition from a student visa to a skilled worker visa?
The Immigration Skills Charge (ISC) is generally non-refundable and non-waivable when transitioning from a student visa to a skilled worker visa. However, certain exemptions exist, such as when the skilled worker is switching from a student visa where they were fully sponsored by a government or international scholarship agency.
How does the location affect the ISC payment obligations for my employer?
The location does not directly affect the Immigration Skills Charge (ISC) payment obligations for your employer. The ISC applies uniformly across the UK for employers sponsoring skilled worker visas unless specific exemptions apply.
What steps should my employer and I take to ensure compliance with immigration laws during my visa transition in the UK?
To ensure compliance during your visa transition in the UK, your employer should verify they hold a valid sponsor licence, assign you a Certificate of Sponsorship (CoS), and confirm the role meets the required skill and salary thresholds.
