Introduction to the International Agreement Visa

The International Agreement Visa is a specific type of work visa that allows UK employers to hire workers based on international agreements. This visa is for individuals coming to the UK to work under official deals made between the UK and other countries or international organisations.

The visa encompasses several distinct categories of workers, including:

1.   Employees of overseas governments and international organisations who require a UK presence
2.   Private servants employed within diplomatic households
3.   Workers falling under the General Agreement on Trade in Services (GATS) or comparable international trade agreements

For UK employers considering this recruitment route, it is essential to understand that specific sponsorship and compliance requirements must be satisfied before hiring. The International Agreement Visa is vital for maintaining diplomatic relations and honouring the UK’s international commitments while addressing specific workforce needs.

Who Can Apply for an International Agreement Visa?

The International Agreement Visa is designed for a specific cohort of international workers who meet particular criteria. This visa category is appropriate for individuals who:

1.   Will undertake employment in the UK under the provisions of an international agreement formally recognised by the UK government
2.   Are currently employed by a foreign government, international organisation, or diplomatic household
3.   Have secured sponsorship from a UK-based entity that satisfies the stringent requirements established by the Home Office

Qualifying individuals typically include diplomatic staff, employees of international bodies such as the United Nations or World Health Organization, private household staff working for diplomats, and professionals whose services fall under international trade agreements like General Agreement on Trade in Services (GATS).

Prospective applicants must demonstrate their eligibility through appropriate documentation and meet specific criteria for their role and the agreement under which they seek entry to the UK. The application process requires meticulous attention to detail to address all requirements appropriately.

Employer Responsibilities

UK employers who wish to hire workers under the International Agreement Visa framework must adhere to several critical responsibilities to maintain compliance with immigration regulations.

These responsibilities include:

1.   Obtaining and maintaining a valid sponsorship licence, where required, for the specific category of worker
2.   Conducting thorough assessments to verify that potential workers meet all eligibility requirements for the visa
3.   Issuing a formal Certificate of Sponsorship (CoS) that contains accurate details about the role and terms of employment
4.   Ensuring full compliance with all applicable UK employment legislation and immigration laws
5.   Establishing and maintaining comprehensive records of all sponsored employees
6.   Promptly reporting any significant changes in employment circumstances to the Home Office

These responsibilities represent legal obligations, and failure to meet them may result in penalties, including the potential revocation of sponsorship privileges. Employers should implement robust internal processes to ensure ongoing compliance throughout the employment relationship.

How to Sponsor an Employee Under the International Agreement Visa

Sponsoring an employee under the International Agreement Visa requires careful planning and execution. Employers must follow these essential steps:

1. Sponsorship Licence Application

If employers do not already hold a relevant licence, they must apply for a sponsor licence from the Home Office. This application requires submission of corporate documentation and evidence of legitimate business operations in the UK.

2. Certificate of Sponsorship Issuance

Once licensed, employers must issue prospective employees a Certificate of Sponsorship (CoS). This digital certificate contains critical information about the job role, salary, and conditions of employment.

3. Eligibility Verification

Employers must verify that the worker satisfies all visa requirements, including any qualifications or experience necessary for the specific role.

4. Application Support

While the visa application is the worker’s responsibility, employers should provide appropriate guidance and documentation to support a successful application.

5. Compliance Maintenance

Throughout the employment relationship, employers must strictly comply with reporting and record-keeping obligations mandated by immigration authorities.

Successful sponsorship requires a detailed understanding of the requirements of the international agreement under which the employment falls.

Duration and Extensions

The International Agreement Visa typically grants permission for a stay of up to two years in the United Kingdom. This duration aligns with the time frame necessary for most diplomatic and international organisation assignments.

The visa can be extended, but this depends significantly on the specific agreement under which the worker is employed. Some agreements permit continued service extensions, while others may impose strict time limits on UK-based work.

When contemplating extensions, employers should:

1.   Begin the extension process well in advance of the visa expiry date
2.   Confirm that the international agreement in question permits extensions
3.   Ensure that the worker continues to meet all eligibility criteria
4.   Issue a new Certificate of Sponsorship reflecting the extended period
5.   Support the worker through the extension application process

It is important to note that the maximum duration of stay, including extensions, is determined by the specific terms of the relevant international agreement, which must be respected.

Work Restrictions

International Agreement Visa holders face specific restrictions on their activities in the UK. These restrictions ensure that the visa is used for its intended purpose and by the relevant international agreement.

Visa holders are permitted only to:

1.   Undertake the specific role detailed in their Certificate of Sponsorship
2.   Remain in the UK for the precise duration allowed under the applicable agreement
3.   Engage in supplementary employment only if explicitly permitted by the terms of their visa

It is important to note that unauthorised work or exceeding the permitted scope of employment constitutes a breach of visa conditions and may result in serious consequences, including the curtailment of leave and potential restrictions on future immigration applications.

Both employers and visa holders should maintain clear documentation of the permitted work activities to avoid inadvertent breaches of these restrictions.

Compliance and Reporting

Employers sponsoring workers under the International Agreement Visa must maintain compliance with Home Office requirements. Comprehensive reporting is a key element of this compliance framework.

Employers must promptly report:

1.   Any changes to the sponsored employee’s employment status, including promotions, salary adjustments, or changes in job duties
2.   Unauthorised absences from work exceeding 10 consecutive working days
3.   Significant changes to contract terms or working conditions
4.   Any breaches of visa conditions that come to the employer’s attention
5.   Changes to the employer’s circumstances that might affect sponsorship capability

These reports must be submitted through the Home Office’s Sponsor Management System (SMS) within strict timeframes—typically within 10 working days of the reportable event.

In addition to reporting, employers must maintain comprehensive records for each sponsored worker, including:

1.   Copy of passport and biometric residence permit
2.   Current contact details
3.   Attendance records
4.   Payroll information
5.   Evidence of required qualifications

These records must be available for inspection upon request by Home Office compliance officers, who may conduct announced or unannounced site visits.

Termination of Employment

Specific procedures must be followed when employment under an International Agreement Visa concludes earlier than anticipated. Early termination triggers essential obligations for both employers and visa holders.

Upon early termination, employers must:

1.   Notify the Home Office through the Sponsor Management System within 10 working days
2.   Provide details regarding the circumstances of the termination
3.   Retain appropriate records regarding the end of employment

For the visa holder, early termination typically means:

1.   A curtailment of their leave to remain in the UK
2.   A limited period (usually 60 days) during which they may seek alternative sponsorship, apply for a different visa category, or prepare to leave the UK
3.   The need to adhere to Home Office directions regarding their immigration status

Both parties should ensure clear communication regarding the termination process to facilitate compliance with immigration requirements. Employers should provide appropriate guidance to departing employees while meeting their compliance obligations.

Application Process for Employers

The application process for employers wishing to employ workers under the International Agreement Visa involves several detailed steps that must be completed precisely.

Initial Assessment

Begin by determining whether the International Agreement Visa is the appropriate route for your recruitment needs. Consider:

1.   Whether the prospective employee falls under a recognised international agreement
2.   If your organisation qualifies as a suitable sponsor
3.   The specific category of International Agreement that applies

Sponsor Licence Application

If not already licensed, submit a comprehensive application including:

1.   Completed online application form
2.   Supporting documentation demonstrating legitimate business operations
3.   Evidence of appropriate systems for monitoring sponsored workers
4.   Payment of the relevant application fee

Assigning a Certificate of Sponsorship

Once licensed:

1.   Request an allocation of CoS from the Home Office
2.   Complete the CoS with precise details about the job role, location, salary, and conditions
3.   Specify the international agreement under which the sponsorship falls
4.   Assign the CoS to the prospective employee

Supporting the Visa Application

Provide the worker with:

1.   The CoS reference number
2.   Supporting documentation related to the role
3.   Information about the application process
4.   Any necessary endorsements required by the specific agreement

Post-Approval Procedures

After approval:

1.   Establish appropriate onboarding processes
2.   Implement systems for ongoing compliance monitoring
3.   Conduct right-to-work checks before employment commences
4.   Maintain communication with the Home Office regarding any changes

This structured approach ensures that all regulatory requirements are addressed and minimises the risk of application refusals or compliance issues.

Requirements for Employees

Employees seeking to enter the UK under an International Agreement Visa must satisfy specific requirements established by the Home Office. These requirements ensure that only eligible individuals benefit from this specialised immigration route.

Essential Criteria

Prospective visa applicants must:

1.   Hold a valid Certificate of Sponsorship from an approved UK sponsor
2.   Demonstrate that their employment falls under a recognised international agreement
3.   Provide evidence of qualifications and experience relevant to the role
4.   Meet English language requirements, where applicable
5.   Possess sufficient funds to support themselves initially in the UK
6.   Provide a clean criminal record certificate, if required

Application Requirements

The application process requires:

1.   Completion of the online application form
2.   Payment of the visa application fee and Immigration Health Surcharge
3.   Submission of biometric information (fingerprints and photograph)
4.   Attendance at a visa application centre for document verification
5.   Provision of original supporting documentation

Maintenance Requirements

Applicants must demonstrate:

1.   Sufficient funds to support themselves (unless the sponsor certifies maintenance)
2.   The ability to accommodate themselves appropriately in the UK
3.   Financial stability without recourse to public funds

Dependent Requirements

For family members accompanying the applicant:

1.   Proof of relationship to the principal applicant
2.   Meeting financial requirements for dependants
3.   Completion of separate visa applications with appropriate fees

Applicants should begin preparations well before their intended travel date, as processing times vary, and additional information may be requested during the application review.

Sponsor Licence Application

A sponsor licence is a prerequisite for organisations employing workers under the International Agreement Visa. This process requires careful preparation and submission of comprehensive documentation.

Eligibility Assessment

Before applying, organisations must confirm that they:

1.   Are operating legally in the UK
2.   Have no unspent criminal convictions for immigration offences or other relevant crimes
3.   Have never had a sponsor licence revoked in the preceding 12 months
4.   Have appropriate systems in place for monitoring sponsored employees

Documentation Requirements

The application must include:

1.   Completed online application form
2.   Payment of the appropriate fee based on organisation size
3.   A cover letter explaining the need for sponsorship
4.   Mandatory documents establishing the organisation’s identity and operations
5.   Specific evidence related to the international agreement under which sponsorship is sought

Key Personnel Appointments

Organisations must designate:

1.   An Authorising Officer (a senior individual responsible for the licence)
2.   A Key Contact (the primary point of contact for the Home Office)
3.   Level 1 Users (individuals who will manage the day-to-day sponsorship activities)

Compliance Systems

The application must demonstrate:

1.   Robust HR systems for monitoring attendance and reporting absences
2.   Procedures for maintaining accurate records of sponsored workers
3.   Systems for tracking visa expiry dates and ensuring timely applications for extensions
4.   Processes for reporting relevant changes to the Home Office

Post-Application Process

The following submission:

1.   The Home Office may conduct a pre-licence site visit
2.   Additional information may be requested to support the application
3.   A decision is typically made within 8 weeks
4.   If approved, access to the Sponsor Management System is granted

A successful application results in a four-year licence, subject to continued compliance with sponsorship duties.

Immigration Skills Charge – When It Applies

The Immigration Skills Charge (ISC) represents a significant financial consideration for employers sponsoring workers under specific visa categories. However, its applicability to International Agreement Visa sponsorship depends on particular circumstances.

Exemptions for International Agreement Workers

Many International Agreement Visa categories are exempt from the Immigration Skills Charge, notably:

1.   Employees of overseas governments
2.   The staff of international organisations
3.   Private servants in diplomatic households

Where the Charge Applies

The ISC may apply to:

1.   Workers under certain trade agreements that do not specifically exempt them
2.   Particular categories where the Home Office has determined the charge is appropriate

Calculation Method

When applicable, the charge is calculated based on:

1.   The size of the sponsoring organisation (small/charitable or medium/large)
2.   The duration of sponsorship as specified on the Certificate of Sponsorship
3.   The specific rate in force at the time of CoS assignment

Payment Process

Payment must be:

1.   Made in full at the time of assigning the Certificate of Sponsorship
2.   Submitted through the Sponsor Management System
3.   Completed before the worker can apply for their visa

Refund Circumstances

Employers may be eligible for a partial refund if:

1.   The visa application is refused
2.   The worker does not begin employment
3.   The employment terminates earlier than the period covered by the payment

Organisations should carefully assess whether the charge applies to their specific international agreement category and build the potential cost into their recruitment budgets where necessary.

Home Office Compliance Checks

The Home Office conducts rigorous compliance checks to ensure that sponsors of International Agreement Visa holders adhere to their obligations. These checks are a fundamental component of the UK’s immigration enforcement strategy.

Types of Compliance Visits

Sponsors may experience:

1.   Pre-licence visits: To verify systems before granting a licence
2.   Scheduled compliance visits: Announced inspections to assess ongoing compliance
3.   Unannounced visits: Conducted without prior notice, often based on intelligence or concerns
4.   Post-licence visits: To evaluate compliance before licence renewal

Focus Areas During Inspections

Home Office compliance officers typically examine:

1.   Record-keeping systems and actual records of sponsored workers
2.   Right-to-work check procedures and documentation
3.   Monitoring systems for attendance and absences
4.   Accuracy of information provided to the Home Office
5.   Adherence to sponsor duties and reporting obligations
6.   Working conditions and job descriptions compared to CoS details

Preparation for Compliance Visits

Sponsors should:

1.   Maintain comprehensive, organised records for immediate access
2.   Ensure key personnel are familiar with sponsorship duties
3.   Conduct regular internal audits of compliance procedures
4.   Address any identified deficiencies promptly
5.   Prepare a dedicated space where compliance officers can review documentation

Potential Outcomes

Following an inspection, the Home Office may:

1.   Confirm full compliance and take no further action
2.   Issue an action plan to address minor compliance issues
3.   Downgrade the sponsor’s rating and require remedial actions
4.   Suspend the sponsor licence pending investigation
5.   Revoke the licence in cases of serious non-compliance

Maintaining robust compliance systems is a legal obligation and a practical necessity for organisations relying on international agreement workers to ensure business continuity.

How to Report Changes to the Home Office

Sponsors of International Agreement Visa holders must report relevant changes promptly and accurately to the Home Office. Effective reporting ensures continued compliance and protects both the sponsor and the visa holder.

Reportable Changes Concerning Workers

Sponsors must report:

1.   Changes to the worker’s employment status (promotion, demotion, resignation, dismissal)
2.   Significant changes to job duties, salary, or working location
3.   Unauthorised absences exceeding 10 consecutive working days
4.   Any suspicion or evidence of immigration rule breaches
5.   Changes to the worker’s circumstances that might affect their visa status

Reportable Changes Concerning Sponsors

Organisations must report:

1.   Changes to key personnel designated in the sponsor licence
2.   Changes to company structure, ownership, or name
3.   Changes to company address or contact details
4.   Mergers, acquisitions, or takeovers affecting the sponsoring entity
5.   Any circumstances that might impact the ability to meet sponsorship duties

Reporting Mechanisms

Changes should be reported through:

1.   The Sponsor Management System (SMS) for most routine changes
2.   Direct contact with the Home Office for urgent or complex matters
3.   The specified email addresses for particular categories of change

Reporting Timeframes

Most changes must be reported within:

1.   10 working days of the change occurring for worker-related matters
2.   20 working days for changes to sponsor circumstances
3.   Immediate notification of the issues involving potential immigration offences

Documentation Requirements

When reporting changes:

1.   Maintain copies of all reports submitted
2.   Retain supporting evidence justifying the report
3.   Document the date and method of reporting
4.   Record any acknowledgements or responses received

Establishing transparent internal processes for identifying, documenting, and reporting relevant changes helps ensure compliance and demonstrates a commitment to sponsorship responsibilities.

Consequences of Non-Compliance

Failure to adhere to sponsorship obligations can result in significant consequences for organisations employing workers under the International Agreement Visa. Understanding these potential penalties is essential for risk management.

Civil Penalties

Non-compliant sponsors may face:

1.   Financial penalties of up to £20,000 per illegal worker
2.   Recovery of funds spent on public services accessed by illegal workers
3.   Additional fines for specific compliance breaches

Licence Sanctions

The Home Office may impose:

1.   Downgrading from an A-rating to a B-rating requires a time-limited action plan
2.   Suspension of the sponsor licence, preventing new sponsorship while issues are resolved
3.   Revocation of the licence, terminating the ability to sponsor any workers
4.   Cooling-off periods preventing new licence applications for specified periods

Operational Impacts

Business consequences can include:

1.   Disruption to operations when sponsored workers must leave
2.   Loss of key international expertise and capabilities
3.   Damage to relationships with international partners
4.   Costs associated with urgent recruitment to replace departing workers

Reputational Damage

Organisations may experience:

1.   Negative publicity from enforcement actions
2.   Reduced attractiveness to potential employees
3.   Strained relationships with clients or partners
4.   Scrutiny from regulatory bodies in other areas of compliance

Criminal Sanctions

In severe cases involving deliberate abuse:

1.   Criminal prosecution of key personnel
2.   Imprisonment for up to 5 years for knowingly employing illegal workers
3.   Disqualification of directors
4.   Proceeds of criminal actions against the organisation

Implementing robust compliance procedures, conducting regular internal audits, and seeking professional guidance when needed represent prudent strategies for avoiding these serious consequences.

Switching to Another Visa

In certain circumstances, individuals holding an International Agreement Visa may wish or need to switch to a different immigration category. The options available depend on specific conditions and the visa categories involved.

Eligibility for In-Country Switching

Switching within the UK is possible:

1.   For specific specified visa categories as defined in the Immigration Rules
2.   When the applicant meets all eligibility criteria for the new visa category
3.   When the application is submitted before the current visa expires
4.   When the international agreement does not prohibit switching

Common Switch Destinations

International Agreement Visa holders commonly switch to:

1.   Skilled Worker visas for continued employment outside agreement parameters
2.   Global Talent visas for those with exceptional skills
3.   Family visas if they have established qualifying relationships in the UK
4.   Innovator or Start-up visas for entrepreneurial pursuits

Process Requirements

Applicants must:

1.   Submit a complete application for the new visa category
2.   Pay the appropriate application fee and Immigration Health Surcharge
3.   Provide biometric information if required
4.   Meet all specific requirements of the new category
5.   Continue to comply with current visa conditions until a decision is made

Sponsor Considerations

For employment-based switches:

1.   A new sponsor with an appropriate license is typically required
2.   A new Certificate of Sponsorship must be issued
3.   The new sponsor must conduct appropriate right-to-work checks

Timing Considerations

Applicants should:

1.   Begin the process well in advance of visa expiry
2.   Allow sufficient time for gathering documentation
3.   Consider processing times for the new category
4.   Maintain legal status throughout the application process

Professional immigration advice is often beneficial for those considering switching, as the rules governing in-country applications can be complex and subject to change.

Bringing Family Members

International Agreement Visa holders often wish to bring dependent family members to the UK. Understanding dependants’ eligibility criteria and application process is essential for successful family migration.

Eligible Dependants

The following family members may qualify:

1.   Spouse or civil partner
2.   Unmarried partner in a relationship akin to marriage (with cohabitation evidence)
3.   Children under 18 years of age
4.   In limited circumstances, other dependent relatives

Dependant Visa Requirements

Applicants must demonstrate:

1.   A genuine and subsisting relationship with the primary visa holder
2.   Intention to live together in the UK for the duration of the stay
3.   Adequate maintenance funds for family support
4.   Suitable accommodation arrangements
5.   Compliance with any specific requirements of the international agreement

Application Process

Dependants must:

1.   Complete separate online application forms
2.   Pay individual visa application fees and Immigration Health Surcharge
3.   Provide biometric information
4.   Submit supporting documentation evidencing the relationship
5.   Attend visa application centre appointments as required

Timing Options

Applications can be made:

1.   Simultaneously with the principal applicant’s application
2.   At a later date, to join the primary visa holder in the UK
3.   In-country if already present in the UK in an eligible category

Rights of Dependants

Once approved, dependants can:

1.   Remain in the UK for the same duration as the primary visa holder
2.   Work in most employment roles without restriction
3.   Study at UK educational institutions
4.   Access NHS healthcare after paying the Immigration Health Surcharge

Reporting Requirements

Sponsors must report:

1.   Changes to family circumstances affecting eligibility
2.   Relationship breakdown between the primary visa holder and dependants
3.   Extended absences of dependants from the UK

Family migration requires careful planning and documentation to ensure smooth processing and avoid unnecessary separations during the assignment period.

For Expert Advice and Assistance from Davenport Solicitors

Navigating the complexities of the International Agreement Visa requires specialised knowledge and experience. Davenport Solicitors’ team of experienced immigration and employment law specialists is ready to assist you.

Our Services Include:

1.   Expert assessment of eligibility under specific international agreements
2.   Strategic guidance on the most appropriate visa routes for your business needs
3.   Comprehensive sponsor licence application support and preparation
4.   Certificate of Sponsorship guidance and verification
5.   Tailored compliance system development and implementation
6.   Thorough audit preparation and representation during Home Office visits
7.   Bespoke training for key personnel on sponsorship duties
8.   Proactive, ongoing compliance monitoring and support
9.   Specialist advice on employment law issues related to international staff

Frequently Asked Questions

1.  Who needs an International Agreement Visa?
    This visa is intended for workers coming to the UK under international treaties, including employees of overseas governments, international organisations, private servants in diplomatic households, and professionals under trade agreements such as GATS.

2.  Do employers need a sponsor licence for International Agreement visas?
    It depends on the specific category of worker. Some diplomatic missions and international organisations are exempt, while commercial organisations typically need a sponsor licence for employees under trade agreements like GATS.

3.  How long can a worker stay on this visa?
   Most International Agreement visas are initially granted for up to two years. Extensions may be possible depending on the specific terms of the agreement, but each agreement has different provisions.

4.  What are the key employer responsibilities when sponsoring workers?
    Employers must issue appropriate Certificates of Sponsorship, maintain comprehensive records, monitor attendance, report relevant changes to the Home Office, ensure compliance with employment laws, and cooperate with Home Office compliance checks.

5.  Can workers switch to other visa categories from an International Agreement visa?
   Yes, in many cases, workers can switch to other visa categories in the UK, provided they meet eligibility requirements for the new category and apply before their current visa expires. Standard switches include Skilled Worker visas and family routes.

6.  What costs should employers expect when applying for International Agreement visas?
   Costs typically include the sponsor licence fee (if applicable), Certificate of Sponsorship fee, visa application fees, and Immigration Health Surcharge. Some International Agreement workers may be exempt from certain fees depending on the specific agreement terms.

7.  Can dependants join workers on International Agreement visas?
   In most cases, eligible dependants (spouse/partner and children under 18) can accompany the primary visa holder. They generally have the right to work and study in the UK with few restrictions.

8.  What records must employers maintain for sponsored workers?
   Employers must keep copies of passports and BRPs, contact details, evidence of right-to-work checks, attendance records, proof of eligibility under the specific international agreement, and any changes to employment terms.