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Corporate, Immigration News, News, Sponsorship, Visas

Sponsor Licence Holders - Recouping Costs from Employees

Feb 01, 2024

As the demand for sponsored workers grows, businesses are actively seeking effective and efficient guidance on developing clawback agreements to recover immigration fees in case of employment termination.

Sponsoring a Skilled Worker for five years can come with a hefty price tag, often exceeding £10,000. Although most employers pay all charges without any clawback arrangement in our experience, some do choose to either put in a clawback clause in the contract of employment or fund the sponsored worker's costs initially which they then pay back from their salary over the duration of the visa.

What is the clawback clause for visa sponsorship?

A clawback clause for visa sponsorship is where a contractual provision is made within the contract of employment of a migrant worker for them to repay certain immigration costs if they leave their job shortly after getting their visa.

The question of who should bear the costs is detailed below –

Fees you should not claim back.

Fees you can claim back.

Home Office visa fee,
immigration health surcharge,
any other fees related to the visa

If you are claiming the cost of fees back from your worker’s salary you MUST ensure that their salary does not drop below the minimum salary amount as a result.

You can mutually agree with your worker regarding who takes responsibility for these.

Attempting to claw back fees that are not reclaimable can lead to legal trouble and financial penalties. It’s crucial to work with us to guide you through the process and ensure compliance with all relevant regulations.

For guidance on recouping immigration fees please contact us on 01403 801801 or [email protected]

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Having worked with UK Visas for more than eight years, I cannot recommend their services enough. We have worked with them on a wide variety of immigration topics, including complex licence matters (following acquisitions), day to day sponsorship processes, and reporting; and we have always received an amazing service.

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No query is too big or too small. Always accommodating and helpful. Thank you team!
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Executive Business Partner to CEO and the Board
We have worked with UK Visas for over 10 years, since we initially requested obtaining a Sponsor Licence. From day one, their guidance, communication, professionalism, efficiency and support has been and continues to be exemplary, with no request too much.

Thank you and we look forward to continuing the relationship.
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Head of Human Resources and Payroll
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Gerry Weiss
HR Business Partner
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HR Administrator CVS Vets

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