Guidance

Workers and Temporary Workers: guidance for sponsors: sponsor an International Agreement worker (accessible version)

Updated 12 April 2023

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Version 04/23

This document forms part of the collection ‘Workers and Temporary Workers: guidance for sponsors’. It provides information on how to sponsor a worker on the International Agreement immigration route.

This version of the guidance is valid from 12 April 2023.

About this guidance

This document provides information for employers on how to sponsor a worker on the Temporary Work – International Agreement route.

The International Agreement route allows you to sponsor a person to come to the UK to provide a service covered under international law, such as a private servant in a diplomatic household or an employee of an overseas government or international organisation.

The provisions for contractual service suppliers and independent professionals under this route have been replaced by the Global Business Mobility – Service Supplier route from 11 April 2022. For further information, see Sponsor a Global Business Mobility worker on GOV.UK.

Other guidance you must read

To make sure you meet all of the relevant requirements and fulfil your sponsorship duties, you must read the following parts of the sponsor guidance, in addition to this document:

  • Part 1: Apply for a licence – this contains detailed information on how to apply for a sponsor licence and how we assess applications
  • Part 2: Sponsor a worker – this contains detailed information on how to sponsor Workers and Temporary Workers, including how to request and assign Certificates of Sponsorship, immigration requirements, and conditions of stay
  • Part 3: Sponsor duties and compliance – this contains detailed information about your duties as a licensed sponsor and the action we can take if you fail to meet these duties
  • any relevant annexes or appendices referred to in the above documents

You can access all of these documents, and other information on sponsorship, on the Sponsorship: guidance for employers and educators page on GOV.UK.

This guidance is subject to change. If you have printed or downloaded a copy of this guidance, check the version number and date on GOV.UK to ensure you are using the most up-to-date version.

Glossary

There is a glossary of terms used throughout the sponsor guidance (including this document) at the beginning of Part 1: Apply for a licence.

The following additional terms are used in this document:

International Agreement route

This means the route in Appendix Temporary Work – International Agreement to the Immigration Rules. Where the context requires it, it can also refer to:

  • the route in Appendix T5 (Temporary Worker) International Agreement Worker in place between 1 December 2020 and 10 October 2021 inclusive
  • the International Agreement sub-category of the Tier 5 (Temporary Worker) route in Part 6A of the Rules in place before 1 December 2020

You can find previous versions of the Immigration Rules in the Immigration Rules Archive on GOV.UK.

International Agreement worker

This means a person who is applying for, or has been granted, entry clearance or permission to stay on the International Agreement route; or who you are sponsoring, or intend to sponsor, on that route.

Contacts

If you think this guidance has factual errors or broken links, you can email the Business Helpdesk.

If you have read this guidance, and the guidance referred to above, and you still have any queries, you can call us on 0300 123 4699 or email the Business Helpdesk.

Version number and publication

Below is information on the version number of this guidance and when it was published:

  • version 04/23
  • published on 12 April 2023

You can view previous versions of this guidance on the National Archives website.

Changes to this guidance

This version replaces version 11/22 (published on 9 November 2022). The guidance has been updated to reflect changes to the Immigration Rules that came into force on 12 April 2023, as set out in Statement of Changes HC 1160 (published on 9 March 2023), and to make some other minor amendments and clarifications.

Details of the changes are set out below (paragraph numbers in brackets refer to the previous version of this guidance where the paragraph number was different):

  • IAW1.4: reference to the Working Time Regulations added
  • IAW1.8, IAW2.3, IAW2.4, IAW3.6 [IAW3.3], IAW4.2, IAW4.17, IAW5.3, IAW5.5, IAW5.12, IAW5.13, IAW5.16: minor drafting amendments
  • IAW2.6, IAW2.7: clarification that an organisation applying to be licensed on the International Agreement route must be a diplomatic mission or consular post of a state recognised by the UK, or an international organisation included on the ‘Exempt organisations list’ on GOV.UK
  • IAW3.3 to IAW3.5: new paragraphs on compliance with National Minimum Wage and the Working Time Regulations; subsequent paragraphs in this section renumbered accordingly
  • IAW4.15: sub-heading amended for clarity
  • IAW5.11: cross-reference to Immigration Rules updated
  • IAW5.14: sixth bullet point amended for clarity
  • throughout: hyperlinks updated or amended and other minor housekeeping changes

IAW1. Sponsoring International Agreement workers: overview

This section provides an overview of the International Agreement route and the sponsorship requirements you must meet.

What is the International Agreement route?

IAW1.1. The International Agreement route allows a person to come to the UK to provide a service covered under international law, such as private servants in diplomatic households, or employees of overseas governments or international organisations.

IAW1.2. International Agreement workers can come to the UK for up to 24 months.

A private servant in a diplomatic household can extend their stay in the UK by up to 24 months at a time (up to an overall maximum stay of 5 years). See ‘How long International Agreement workers can stay’ for further information.

IAW1.3. Workers must be aged at least 18 on the date of application for entry clearance or permission to stay to qualify on this route.

IAW1.4. Any worker sponsored on this route must be paid at least National Minimum Wage and the role the worker is being sponsored for must comply with the Working Time Regulations.

IAW1.5. International Agreement workers can bring their family members (dependent partner and dependent children) to the UK, if they meet the relevant immigration requirements for dependants.

IAW1.6. The International Agreement route is not a route to settlement in the UK.

Who needs to be sponsored on the International Agreement route?

IAW1.7. You will need to sponsor any overseas national you wish to employ on the International Agreement route if they are not a ‘settled worker’ or do not otherwise have immigration permission to work for you in the UK. This includes most EU, EEA and Swiss nationals who arrived in the UK after 31 December 2020.

IAW1.8. You do not have to sponsor certain categories of worker, including:

  • Irish citizens (with very limited exceptions)
  • people who have been granted status under the EU Settlement Scheme
  • people with indefinite leave to enter or remain in the UK (also known as ‘settlement’)

IAW1.9. This is not a complete list. For further information on who does, and does not, need sponsorship, see section S1 of Part 2: Sponsor a worker.

What are the sponsorship requirements for the International Agreement route?

IAW1.10. If you wish to sponsor an International Agreement worker, you must:

IAW2. How to get an International Agreement sponsor licence

This section tells you about the requirements you must meet to be eligible for an International Agreement sponsor licence

General requirements

IAW2.1. If you wish to sponsor an International Agreement worker, you must hold a valid sponsor licence for the International Agreement route. If you do not already hold such a licence, you must apply for one by completing the online application form and paying the relevant application fee.

IAW2.2. Before applying for your licence, you should read:

  • Part 1: Apply for a licence for detailed information on the general requirements and the application process
  • this section for guidance specific to the International Agreement route

IAW2.3. If you already hold a valid licence to sponsor workers, but it does not include the International Agreement route, you can apply to add this route to your existing licence. For further information on adding routes to your existing licence, see section L10 of Part 1: Apply for a licence.

IAW2.4. If you already hold an International Agreement sponsor licence and it’s due to expire within the next 90 days, you should apply now to renew it. See section C5 of Part 3: Sponsor duties and compliance for guidance on renewing your licence.

Specific requirements for an International Agreement sponsor licence

IAW2.5. In addition to the general requirements for a sponsor licence set out in Part 1: Apply for a licence, to be eligible for an International Agreement sponsor licence, you must:

Eligible organisations

IAW2.6. You must be either:

  • a diplomatic mission or consular post of a country or territory recognised by the UK; or
  • a recognised international organisation, as defined below

IAW2.7 A recognised international organisation is one that is established by an international treaty signed by the UK. You must be included on the exempt organisations list on GOV.UK. This is a list of international organisations recognised by the UK, some of whose employees or officials (usually senior employees or officials) may be exempt from immigration control. Employees or officials who are not exempt from immigration control can be sponsored on the International Agreement route.

What you need to send with your application

IAW2.8. When you apply for your sponsor licence, you must include with your application a signed letter from your Head of Mission, or Head of Organisation, confirming that they:

  • agree to the application for a sponsor licence being made
  • wish to sponsor workers on the International Agreement route; and
  • accept the duties of sponsorship, as set out in Part 3: Sponsor duties and compliance

What applying for an International Agreement sponsor licence means for you

IAW2.9. Your application for an International Agreement sponsor licence is deemed to include an acknowledgement from you that we may seek, from your Head of Mission or Head of Organisation, a limited waiver of inviolability and of immunity to enter your residence or premises to undertake compliance activity while your sponsor licence application is being considered or after your licence has been granted.

How to keep your licence

IAW2.10. If you are granted a licence, you must comply with all of your sponsor duties. If you do not, we may take action against you, including:

  • downgrading your licence rating
  • suspending your licence
  • revoking your licence
  • reporting you to the police or other relevant authorities IAW2.11. For details, see Part 3: Sponsor duties and compliance.

IAW3. Eligible employment on the International Agreement route

This section tells you about the types of role which are eligible for sponsorship on the International Agreement route.

Overview

IAW3.1. There are two main types of worker you can sponsor on the International Agreement route:

IAW3.2. These provisions are described in detail below. The worker must fully meet the requirements of the relevant provision.

IAW3.3. In all cases, the role you are sponsoring the worker for must comply with the National Minimum Wage Regulations 2015 and the Working Time Regulations 1998. These regulations apply even where the worker lives in the same household as their employer.

IAW3.4. We will refuse any application for entry clearance or permission where we have reasonable grounds to believe the role does not comply with these Regulations. We will also consider revoking your sponsor licence if we find you are breaching these Regulations.

IAW3.5. For further information, see ‘Compliance with National Minimum Wage and the Working Time Regulations’ in section S4 of Part 2: Sponsor a worker.

Private servants in diplomatic households

IAW3.6. To be eligible to be sponsored as a private servant in a diplomatic household, the worker must:

  • be employed full time as a private servant by, and in the household of, either:
  • not intend to undertake any other role for the sponsor other than as a private servant in the specified household
  • intend to work full time in the role they are being sponsored for
  • not be related, either by blood or marriage, to the employer, or to the employer’s spouse – this includes, but is not limited to, the spouse or unmarried partner, child, parent, grandparent or sibling of either the employer or the employer’s spouse
  • intend to leave the UK at the end of their permitted stay
  • be paid at least National Minimum Wage throughout their stay in the UK
  • provide the evidence of employment terms and conditions as set out in Appendix Domestic Worker Statement
  • provide a signed statement from you (their sponsor) confirming that the role will not constitute work done in relation to the employer’s family household within the meaning of regulation 57 of the National Minimum Wage Regulations 2015

IAW3.7. A private servant in a diplomatic household can be sponsored for up to 24 months initially. They can extend their permission by up to a further a further 24 months (and up to an overall maximum of 5 years.

Employees of overseas government and international organisations

IAW3.8. This provision is for employees of overseas governments or recognised international organisations who are not exempt from immigration control.

IAW3.9. You should check the guidance on GOV.UK to see if the worker may qualify for an exempt vignette. If they do, you do not need to sponsor them. If they are not exempt, they can be sponsored on the International Agreement route.

IAW3.10. Workers sponsored on this basis must not intend to take any other form of role for the sponsor other than that for which their Certificate of Sponsorship was assigned. They can, however, take ‘supplementary employment’ – see section S8 of Part 2: Sponsor a worker for a definition of this term.

IAW3.11. An employee of an overseas government or international organisation can be sponsored for a maximum of 24 months on the International Agreement route.

IAW4. Immigration requirements for International Agreement workers

This section tells you about the immigration requirements applicants must meet to qualify on the International Agreement route and where you can find further information.

Overview

IAW4.1. People who wish to come to the UK on the International Agreement route must meet the requirements in Appendix Temporary Work - International Agreement to the Immigration Rules.

IAW4.2. These requirements include that the applicant:

IAW4.3. This is not a complete list of requirements – you must refer to the relevant Immigration Rules for these.

Financial requirement

IAW4.4. If the applicant is applying for entry clearance from outside the UK, or has been in the UK for less than one year at the date of application, they must show they have enough funds to support themselves and any family members in the UK.

IAW4.5. If you are an A-rated sponsor, you can certify this requirement is met when you assign a CoS to them (also known as ‘certifying maintenance’). Otherwise, the applicant must provide evidence of funds as specified in Appendix Finance to the Immigration Rules.

IAW4.6. For further information, see section S7 of Part 2: Sponsor a worker.

ATAS requirement

IAW4.7. When you assign a CoS on the International Agreement route, you must check and confirm whether the worker needs to apply for an Academic Approval Technology Scheme (ATAS) certificate from the Foreign, Commonwealth and Development Office before they can start (or continue) working for you.

IAW4.8. An International Agreement worker will need an ATAS certificate if all of the following are true:

IAW4.9. If the worker needs an ATAS certificate, you should encourage them to apply for one as soon as possible, as they will need to include a copy of the certificate with their application for entry clearance or permission to stay. If they fail to do so, we will refuse their application and you may lose your sponsor licence (or licences).

IAW4.10. For further information on the ATAS requirement, and your responsibilities in relation to it, see under ‘ATAS requirement’ in section S7 of Part 2: Sponsor a worker.

Age requirement

IAW4.11. All applicants applying on the International Agreement route from 11 October 2021 must be aged at least 18 on the date of application.

IAW4.12. There was no minimum age requirement for applicants (other than private servants in diplomatic households) applying before 9 a.m. on 11 October 2021. If you are sponsoring a worker aged under 18 (where this was permitted when they applied for permission), you must have regard to your safeguarding children duty – see section L2 of Part 1: Apply for a licence for information on this requirement.

Entry requirement

IAW4.13. Applicants must apply for entry clearance (a visa) to be able to come to the UK on this route. If they arrive in the UK without the relevant visa, they will be refused entry, even if they otherwise meet the requirements.

Extension of permission

IAW4.14. Those already in the UK with permission on the International Agreement route can apply to extend their stay, up to the maximum permitted period, to continue in the same employment, if they meet the requirements.

‘Switching’ to the International Agreement route

IAW4.15. Individuals in the UK on another immigration route are not normally permitted to switch (change immigration category) to the International Agreement route. If you wish to sponsor a person on the International Agreement route but they are in the UK on another route, they must leave the UK and apply for entry clearance from overseas.

How long International Agreement workers can stay

IAW4.16. If the applicant makes a successful application for entry clearance on the International Agreement route, they will be granted for whichever is the shorter of:

  • the period of the role on the CoS plus 14 days before and 14 days after that period; or
  • 24 months

IAW4.17. If the applicant is an employee of an overseas government or a recognised international organisation and their application is for permission to stay, they will be granted permission for whichever is the shorter of:

  • the period of the role on the CoS plus 14 days after that period; or
  • the difference between 24 months and the period they have already been granted permission on the International Agreement route

IAW4.18. If the applicant is a private servant in a diplomatic household and their application is for permission to stay, they will be granted permission for whichever is the shorter of:

  • the period of the role on the CoS plus 14 days after that period
  • 24 months; or
  • the difference between 5 years and the period they have already been granted permission on the International Agreement route

IAW4.19. You must take care not to assign a CoS to a worker on the International Agreement route beyond the maximum periods referred to above. If you do we will either:

  • limit the amount of permission we grant to the worker – for example, if an employee of an overseas government or international organisation has already spent 18 months in the UK on that basis, 6 months’ permission to stay is the maximum period we can grant; or
  • refuse the application if the applicant has already had the maximum permitted period in the UK

Further information

IAW4.20. You can find more information about the International Agreement route on the International Agreement visa pages on GOV.UK.

IAW4.21. You should also refer to sections S7 to S9 of Part 2: Sponsor a worker for further information on immigration requirements, conditions of stay, extension applications and change of employment applications.

IAW5. Certificate of Sponsorship for International Agreement workers

This section tells you how to assign a valid Certificate of Sponsorship to a worker on the International Agreement route.

Overview

IAW5.1. If you have followed all the rules in this guidance and you wish to sponsor a worker on the International Agreement route, you must assign them a valid Certificate of Sponsorship (CoS), using your sponsorship management system (SMS) account.

IAW5.2. 1. Before assigning a CoS, you should satisfy yourself that the worker can meet the relevant immigration requirements.

IAW5.3. You cannot assign a CoS if you’re a B-rated sponsor, unless you sponsored the application which led to the worker’s last grant of permission and you’re continuing to sponsor them in the same role. In all other cases, you must have an A-rating. For information on sponsor ratings, see section L8 of Part 1: Apply for a licence.

IAW5.4. For detailed information on what a CoS is, and how many you can assign, see section S2 of Part 2: Sponsor a worker.

IAW5.5. You can find detailed technical guidance on how to assign a CoS in User manuals: sponsorship management system (SMS) – see in particular manual 8.

Fees

IAW5.6. You must pay a fee for each CoS you assign – see the UK visa fees page on GOV.UK for information on current fee levels.

Use of the CoS

IAW5.7. Once you have assigned a CoS, the worker must use it within 3 months to apply for:

  • entry clearance (a visa) if they are outside the UK
  • permission to stay if they are in the UK and eligible to extend their permission on the International Agreement route

IAW5.8. If the CoS was assigned more than 3 months before the date of application, we may reject the worker’s application and not consider it.

IAW5.9. The worker must not apply for entry clearance or permission to stay more than 3 months before the start date recorded on their CoS. If they do, we will refuse their application.

IAW5.10. We will also refuse the application if the CoS:

  • has been withdrawn by you or cancelled by the Home Office – see section S6 of Part 2: Sponsor a worker for information on when a CoS can be withdrawn or cancelled
  • was used in a previous application that was refused

What the CoS must confirm

IAW5.11. For a CoS to be valid, it must meet the relevant requirements of the Immigration Rules in paragraphs IA 4.1 to IA 4.4 of Appendix Temporary Work - International Agreement

IAW5.12. By assigning a CoS on the International Agreement route, you guarantee that the worker:

  • fully meets the eligibility criteria for the specific type of employment they will be doing
  • genuinely intends and is able to do the work for which they are being sponsored
  • will not take employment other than that for which their CoS is assigned and will otherwise comply with their conditions of stay (note that employees of an overseas government or international organisation can also take ‘supplementary employment’) – see section S8 of Part 2: Sponsor a worker for more information
  • will leave the UK when their permission expires, unless they qualify for an extension of stay or permission on another immigration route

IAW5.13. You also guarantee that the role will comply with relevant UK employment legislation , including National Minimum Wage and the Working Time Regulations. This applies even where the worker is living in the same household as their employer. We will take action against you, and are likely to revoke your licence, if it does not. For further information, see section S4 of Part 2: Sponsor a worker.

IAW5.14. The CoS must confirm all of the following:

  • that you are sponsoring the worker on the International Agreement route
  • the worker’s personal information (such as name, date of birth, nationality), passport details and contact details
  • the start and end date of their employment – see section S3 of Part 2: Sponsor a worker for guidance on entering start and end dates
  • total weekly hours of work
  • where the worker will carry out their employment – this should include their main work address and any other regular work addresses, if relevant
  • whether you used an agent (such as a recruitment agency, employment business or other intermediary) to find the worker and, if so, details of that agent
  • the job title
  • the relevant occupation code for the role (choose from the drop-down list under ‘Job type’) – see section S3 of Part 2: Sponsor a worker for guidance on occupation codes
  • the main duties of the role for which the worker is being sponsored
  • details of the worker’s salary (including any allowances and guaranteed bonuses)
  • whether you wish to certify maintenance for the worker (and, if relevant, their dependants) – you can only do this if you’re an A-rated sponsor
  • that the role is covered by an eligible international agreement
  • whether the worker requires an Academic Technology Approval Scheme (ATAS) certificate

Confirming the role is ‘an eligible international agreement’

IAW5.15. When you assign a CoS to an International Agreement worker, you must tick the box where it says “Tick to confirm this is an international agreement”.

IAW5.16. In the free text box beneath the tick box, you must provide details of how the role is eligible. To do this, you should:

  • state whether the worker is one of the following (by entering the appropriate phrase):
    • a private servant in a diplomatic household
    • an employee of an overseas government
    • an employee of a recognised international organisation
  • if the worker is, or will be, a private servant in a diplomatic household, confirm the name of the diplomat or official the private servant will be working for

Reporting duties and record keeping

IAW5.17. Once you have assigned a CoS to a worker, you must tell us if they fail to start their employment, are absent without permission, or there are any significant changes to the nature of their work or salary, or to your organisation. For full details of your reporting and other duties, see: Part 3: Sponsor duties and compliance

IAW5.18. You must also keep records for each worker you sponsor as specified in Appendix D to the sponsor guidance.

IAW5.19. If you fail to meet these duties, we may revoke your sponsor licence.

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