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ISC for student visa holders

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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ektan
Newbie
Posts: 34
Joined: Tue Aug 04, 2020 12:36 pm
India

ISC for student visa holders

Post by ektan » Thu Jun 23, 2022 9:07 pm

I needed some suggestions and advice.

I applied for a senior care worker role, which is a shortage skill occupation, and my employer assigned a CoS which states "ISC liable".

I called my employer and reminded him that I am currently on a student visa and therefore exempt from ISC. His reply was - "you have not completed your studies, you are still studying, so you are ISC LIABLE. Also, the job you have applied for is on a shortage occupation list, so we have to pay ISC".

Please note, he is recovering the entire ISC and CoS fee from me, which will be deducted from my salary in equal installments. Hence, my question is how true is it that a student has to pay ISC? What has shortage occupation got to do with it?

Did anyone here go through such a situation? Many thanks in advance for any advice. Thank you.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: ISC for student visa holders

Post by manci » Thu Jun 23, 2022 10:09 pm

ektan wrote:
Thu Jun 23, 2022 9:07 pm
Please note, he is recovering the entire ISC and CoS fee from me, which will be deducted from my salary in equal installments.
Your sponsor is not allowed to recover the ISC from you. By reference to Part 3 of the sponsor guidance

Annex C2: circumstances in which we will normally revoke your licence

You are, or were, liable to pay the Immigration Skills Charge in respect of a worker whom you are, or were, sponsoring, and you have asked that worker to pay some or all of the charge, or you have recouped, or attempted to recoup, some or all of the charge from them.
Personal opinion, not professional or legal advice

ektan
Newbie
Posts: 34
Joined: Tue Aug 04, 2020 12:36 pm
India

Re: ISC for student visa holders

Post by ektan » Fri Jun 24, 2022 8:12 am

manci wrote:
Thu Jun 23, 2022 10:09 pm
ektan wrote:
Thu Jun 23, 2022 9:07 pm
Please note, he is recovering the entire ISC and CoS fee from me, which will be deducted from my salary in equal installments.
Your sponsor is not allowed to recover the ISC from you. By reference to Part 3 of the sponsor guidance

Annex C2: circumstances in which we will normally revoke your licence

You are, or were, liable to pay the Immigration Skills Charge in respect of a worker whom you are, or were, sponsoring, and you have asked that worker to pay some or all of the charge, or you have recouped, or attempted to recoup, some or all of the charge from them.
I am aware that they are not allowed to, but every employer in care sector is accepting money from the prospective employees. And people are paying because at least their job is secured.

My question was different. Are students, who have not yet finished their program, not exempt from ISC?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: ISC for student visa holders

Post by manci » Sun Jun 26, 2022 4:45 pm

ektan wrote:
Fri Jun 24, 2022 8:12 am
I am aware that they are not allowed to, but every employer in care sector is accepting money from the prospective employees. And people are paying because at least their job is secured.
I expect that most sponsors in the care sector are law abiding and follow the rules.

Don't engage with a sponsor / employer who is knowingly breaking the rules.
Personal opinion, not professional or legal advice

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