Immigration support
The Bar Council operates as a Licensed Sponsor on behalf of UK Visas and Immigration (UKVI), and is therefore able to provide a Certificate of Sponsorship for mini pupils, pupil barristers and tenants working in chambers in England and Wales, enabling suitably qualified nationals who meet the qualifying criteria to train and practise at the Bar.
- Skilled Worker visas are available to nationals who have secured either a funded pupillage or tenancy in a barristers’ chambers.
- Government Authorised Exchange visas are available to nationals who are undertaking a pupillage but do not wish to practise as a barrister in the UK thereafter, or who have been offered a short-term placement in a barristers’ chambers as a mini pupil or through one of the Bar Council’s exchange programmes.
A new point-based system has been introduced by UKVI which means every applicant needs to score 70 points to be granted a Visa. The first 50 points are mandatory and can be accumulated by producing the application documents as requested for issuing a Certificate of Sponsorship. The additional 20 points will be given for either:
- the applicant having minimum annual gross projected earnings of £52,400 (£26.87 per hour) as a tenant (the ‘going rate’);
- the applicant earning 90% of the 'going rate', £47,160 (£24.18 per hour) and also having PHD qualifications relevant to the role; or
- the applicant earning 70% of the 'going rate', £36,680 (£18.81 per hour) and also being a new entrant to the labour market who is taking up pupillage within chambers.
These figures are based on a 37.5 hour week.
Applicants already sponsored by the Bar Council under a skilled worker visa prior to 4 April 2024 will need to meet the minimum annual gross projected earnings of £30,100 per year.
The relevant chambers will also be responsible for ensuring that any national sponsored by the Bar Council (or ‘sponsored migrant’) is working in accordance with the purpose(s) set out in their Certificate of Sponsorship. As such, they will be expected to notify the Bar Council if:
- the sponsored migrant does not turn up to their Skilled Worker placement or their first day of work as a Government Authorised Exchange Worker, citing any known reason(s) for their absence
- the sponsored migrant’s employment, placement, pupillage or tenancy is terminated earlier than expected, either because of resignation or dismissal
- the sponsored migrant moves into an immigration route that does not require support from the Bar Council
- the sponsored migrant takes a period of unpaid leave for four weeks or more, and their absence is not covered by any of the exceptions set out in paragraphs S4.10 to S4.12 of the UKVI’s Guidance
- the sponsored migrant is absent for more than 10 working days without the express permission of either chambers or the Bar Council
- there are any significant changes in the sponsored migrant’s circumstances, including where the sponsored migrant’s employment is affected by TUPE being triggered
- they have any suspicions that a sponsored migrant is in breach of the conditions of their leave, or may be engaging in terrorism or other criminal activity
Finally, chambers will be expected to inform the Bar Council of any significant changes in its own circumstances. For example if the nature of the business changes substantially, all or part of the business is sold, ceases trading, becomes insolvent, is involved in a merger, is taken over or goes into administration, the Bar Council will expect to be notified within 28 calendar days of the event.
Chambers that wish to sponsor pupils or tenants are required to pay an upfront Skills Charge Fee of £364 per year of sponsorship. Please refer to the UKVI website for further information and to find out whether the fee is applicable to your set.
The Bar Council’s remit is restricted to the application of the relevant regulations insofar as they apply to the Bar and the professional environment of self-employed barristers. To that end we are unable, nor allowed, to provide any sort of advice which could be construed as immigration advice.
Find out more
In addition to consulting UKVI’s Guidance for Sponsors, chambers seeking to offer a tenancy or funded pupillage to nationals are encouraged to contact the Bar Council to gain a full understanding of the adaptions we have made, as a specialist Licensed Sponsor, to the Skilled Worker Terms of Reference.
To find out more about the Bar Council Immigration Support Service, please email [email protected] or call +44 (0)207 611 1321.