The Immigration Skills Charge Regulations 2017

Exemptions from the charge

This section has no associated Explanatory Memorandum

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

(a)in respect of an occupation coming within any of the following codes in version 5.1 of the Standard Occupational Classification 2010 Index(1)—

(i)2111 (chemical scientists);

(ii)2112 (biological scientists and biochemists);

(iii)2113 (physical scientists);

(iv)2114 (social and humanities scientists);

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

(vi)2150 (research and development managers);

(vii)2311 (higher education teaching professionals);

(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.