The Immigration Skills Charge Regulations 2017

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(1);

“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(2);

(b)

a charity within the meaning of section 1 of the Charities Act 2011(3), or section 1 of the Charities Act (Northern Ireland) 2008(4), or a body entered in the Scottish Charity Register(5); 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

I1 Reg. 2 in force at 6.4.2017, see reg. 1

(1)

1971 c. 77.

(2)

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.

(3)

2011 c. 25.

(4)

2008 c. 12 (N.I.).

(5)

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