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22 July 2020 / Shane Crawford
Issue: 7896 / Categories: Features , Employment , Immigration & asylum
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Sponsorship, risk assessment & a duty to comply

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Shane Crawford highlights the complex situation of sponsoring an immigrant worker during the pandemic
  • Tensions between latest government advice for sponsors of immigrant workers: what are the implications for sponsors regarding right to work and possible termination of employment?

Current focus for commentary in employment law has been on the effect of certain principles on the employment relationship for domestic workers.

Included in the recent guidelines issued by the government were provisions for employers of immigrant workers for whom the employer has assigned a Certificate of Sponsorship (CoS)—Government COVID-19 advice (https://bit.ly/3cNsy9t).

This in summary states that during the present lockdown a sponsor may employ a worker if:

  • certificate of sponsorship is assigned;
  • the worker submitted an immigration application before expiry of previous leave (so not an overstayer); and
  • the role for which a worker is employed is the same as in the certificate of sponsorship.

But the advice goes on to state that the employer must dismiss if the immigration application

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