The Immigration Skills Charge Regulations 2017

Statutory Instruments

2017 No. 499

Immigration

The Immigration Skills Charge Regulations 2017

Made

29th March 2017

Coming into force

6th April 2017

The Secretary of State makes the following Regulations with the consent of the Treasury in exercise of the powers conferred by sections 70A and 74(8) of the Immigration Act 2014(1).

In accordance with section 74(2)(ja)(2) of the Immigration Act 2014, a draft of these Regulations has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement U.K.

1.  These Regulations may be cited as the Immigration Skills Charge Regulations 2017 and come into force on 6th April 2017.

Commencement Information

I1 Reg. 1 in force at 6.4.2017, see reg. 1

Interpretation U.K.

2.  In these Regulations—

“certificate of sponsorship” means an authorisation, allocated by the Secretary of State to a sponsor, in respect of an application, or potential application, for entry clearance or leave to remain;

“the charge” means the charge which a sponsor must pay under regulation 3, and any reference to the amount of that charge is a reference to that charge in pounds sterling;

“immigration rules” means rules made under section 3(2) of the Immigration Act 1971(3);

“leave to enter” and “leave to remain” mean leave to enter the United Kingdom and leave to remain in the United Kingdom respectively, given in accordance with the provisions of the Immigration Act 1971 or the immigration rules;

[F1 “skilled worker” means an individual who, in order to undertake employment, seeks entry clearance or leave to remain via an immigration route that—

(a)

requires the individual’s role to be skilled appropriately in accordance with the immigration rules;

(b)

requires the individual’s remuneration to meet or exceed a minimum threshold in accordance with the immigration rules;

(c)

requires the individual to be sponsored in accordance with the immigration rules; and

(d)

permits workers applying under that route to obtain a visa for a time period greater than 2 years;]

“small or charitable sponsor” means a sponsor that is—

(a)

a company subject to the small companies regime under section 381 of the Companies Act 2006(4);

(b)

a charity within the meaning of section 1 of the Charities Act 2011(5), or section 1 of the Charities Act (Northern Ireland) 2008(6), or a body entered in the Scottish Charity Register(7); or

(c)

a person who employs no more than 50 employees;

“sponsor” means a person licensed by the Secretary of State to assign certificates of sponsorship to an individual who is a skilled worker.

Textual Amendments

F1 Words in reg. 2 substituted (1.12.2020) by The Immigration Skills Charge (Amendment) Regulations 2020 (S.I. 2020/1208), regs. 1, 2(2)

Commencement Information

I2 Reg. 2 in force at 6.4.2017, see reg. 1

Obligation to pay a charge U.K.

3.  A sponsor must pay a charge to the Secretary of State, in the amount specified in the Schedule, each time it assigns a certificate of sponsorship to a skilled worker.

Commencement Information

I3 Reg. 3 in force at 6.4.2017, see reg. 1

Exemptions from the charge U.K.

4.  The obligation to pay the charge does not apply where a sponsor assigns a certificate of sponsorship to a skilled worker—

[F2 (a) in respect of an occupation coming within any of the following codes in version 12 of the Standard Occupational Classification 2020 Index—

(i) 2111 (chemical scientists);

(ii) 2112 (biological scientists);

(iii) 2113 (biochemists and biomedical scientists);

(iv) 2114 (physical scientists);

(v) 2115 (social and humanities scientists);

(vi) 2119 (natural and social science professionals not elsewhere classified);

(vii) 2161 (research and development managers);

(viii) 2162 (other researchers, unspecified discipline);

(ix) 2311 (higher education teaching professionals);

(x) 2463 (clergy);

(xi) 3431 (sports players);

(xii) 3432 (sports coaches, instructors and officials);]

(b) who is intended to be the subject of an intra-company transfer as a graduate trainee, that being a temporary posting for a period of no more than 12 months, to the United Kingdom branch of a multi-national organisation as part of a structured graduate training programme, which clearly defines progression towards a managerial or specialist role;

(c) in respect of whom the sponsor has already assigned a certificate of sponsorship (“the first certificate”), but only to the extent that any subsequent certificate of sponsorship is assigned in respect of a period of prospective leave which does not exceed the period in respect of which the first certificate was assigned;

(d) who has leave to enter or leave to remain for the purpose of study;

(e) in circumstances where—

(i) that sponsor has already assigned a certificate of sponsorship to that individual (“the first certificate”); but

(ii) by virtue of paragraph (d), the sponsor was not obliged to pay the charge when the first certificate was assigned; and

(iii) the assignment of any subsequent certificate of sponsorship relates to the same role as the first certificate;

(f) who seeks entry clearance for a period of less than six months;

[F3 (g) who is intended to be a Scale-up Worker, within the meaning given by paragraph 6 of the immigration rules;

(h) who is intended to be:

(i ) a Senior or Specialist Worker, within the meaning given by paragraph 6 of the immigration rules; and

(ii ) the subject of an intra-corporate transfer for a period of no more than 36 months as an intra-corporate transferee, as defined by Article 140(5)(d) to (g) of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part.]

Textual Amendments

F2 Reg. 4(a) substituted (16.12.2025) by The Immigration Skills Charge (Amendment) Regulations 2025 (S.I. 2025/1324), regs. 1(1), 2(2)

F3 Reg. 4(g)(h) inserted (1.1.2023) by The Immigration Skills Charge (Amendment) Regulations 2022 (S.I. 2022/1391), regs. 1(1), 2(2)

Commencement Information

I4 Reg. 4 in force at 6.4.2017, see reg. 1

Consequences of non-payment U.K.

5.—(1) Any purported assignment of a certificate of sponsorship is invalid whilst the obligation to pay the charge is outstanding, and the Secretary of State must treat the purported assignment as invalid for as long as that obligation remains outstanding.

(2) But paragraph (1) does not prevent the valid assignment of a certificate of sponsorship when the Secretary of State waives part or all of the charge in accordance with regulation 6.

Commencement Information

I5 Reg. 5 in force at 6.4.2017, see reg. 1

Refund or waiver of part or all of the charge U.K.

6.  The Secretary of State may refund or waive part or all of the charge.

Commencement Information

I6 Reg. 6 in force at 6.4.2017, see reg. 1

Transitional provision U.K.

7.  A sponsor is not subject to the obligation to pay the charge where—

(a) the sponsor assigns a certificate of sponsorship to a skilled worker who was assigned a previous certificate of sponsorship as a skilled worker before these Regulations came into force;

(b) the skilled worker made an application which relied upon the previous certificate of sponsorship referred to in paragraph (a) which resulted in the grant of entry clearance or leave to remain;

(c) the skilled worker undertook the role in respect of which the entry clearance or leave to remain was granted; and

(d) the skilled worker has not ceased, since being granted the entry clearance or leave to remain referred to in paragraph (b), to have leave to enter or leave to remain by virtue of an application made as a skilled worker.

Commencement Information

I7 Reg. 7 in force at 6.4.2017, see reg. 1

Robert Halfon

Minister of State

Department for Education

29th March 2017

We consent

David Evennett

Andrew Griffiths

Two of the Lords Commissioners of Her Majesty’s Treasury

28th March 2017

Regulation 3

SCHEDULE U.K. Amount of charge payable by a sponsor

1.  The amount of the charge payable by a small or charitable sponsor is the amount specified in column 2 of the Table which corresponds to the period of prospective employment in respect of which the certificate of sponsorship is assigned specified in column 1. U.K.

Commencement Information

I8 Sch. para. 1 in force at 6.4.2017, see reg. 1

2.  The amount of the charge payable by a sponsor other than a small or charitable sponsor is the amount specified in column 3 of the Table which corresponds to the period of prospective employment in respect of which the certificate of sponsorship is assigned specified in column 1. U.K.

[F4 Column 1	Column 2	Column 3
12 months or less	£480	£1320
More than 12 months, but no more than 18 months	£720	£1980
More than 18 months, but no more than 24 months	£960	£2640
More than 24 months, but no more than 30 months	£1200	£3300
More than 30 months, but no more than 36 months	£1440	£3960
More than 36 months, but no more than 42 months	£1680	£4620
More than 42 months, but no more than 48 months	£1920	£5280
More than 48 months, but no more than 54 months	£2160	£5940
More than 54 months, but no more than 60 months	£2400	£6600]

Textual Amendments

F4 Sch. para. 2 Table substituted (16.12.2025) by The Immigration Skills Charge (Amendment) Regulations 2025 (S.I. 2025/1324), regs. 1(1), 2(3)

Commencement Information

I9 Sch. para. 2 in force at 6.4.2017, see reg. 1

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under section 70A of the Immigration Act 2014 and provide that a sponsor, subject to certain exemptions, must pay a charge each time that it assigns a certificate of sponsorship to a skilled worker.

The amount of the charge payable depends on the size and nature of the sponsor, and the length of the period of prospective employment in respect of which the certificate of sponsorship is assigned. These Regulations provide that the Secretary of State may waive or refund part or all of the charge.

The obligation to pay a charge in regulation 3 is subject to a number of exceptions outlined in regulation 4. Regulation 5 provides that any purported assignment of a certificate of sponsorship is invalid whilst the obligation to pay the charge is outstanding, subject to the Secretary of State’s discretion to waive all or part of the charge outlined in regulation 6. Additionally, regulation 7 provides that the obligation to pay a charge does not apply in certain circumstances where a skilled worker was issued a certificate of sponsorship before these Regulations came into force.

A full regulatory impact assessment has not been produced for this instrument. The immigration skills charge is classified as a tax and is therefore out of scope of the Better Regulation Framework.

(1)

2014 c. 22. Consent of the Treasury is required by section 70A(5). Section 70A was inserted by section 85(2) of the Immigration Act 2016 (c. 19).

(2)

Sub-paragraph (ja) was inserted by section 85(3) of the Immigration Act 2016.

(3)

1971 c. 77.

(4)

2006 c. 46; section 381 was amended by regulation 6(1) of S.I. 2008/393 in respect of financial years beginning on or after 6th April 2008; section 381 applies to unregistered companies, as defined in regulation 2 of S.I. 2009/2436, with modifications by virtue of regulations 3 to 5, 7 and 9 and paragraph 10(1) of Schedule 1 to those Regulations.

(5)

2011 c. 25.

(6)

2008 c. 12 (N.I.).

(7)

See section 3 of the Charities and Trustee Investment (Scotland) Act 2005 (2005 asp 10).