ATAS for Employers: When You Must Check and What to Record?

ATAS for Employers: When You Must Check and What to Record opens the door to a topic that many sponsors know exists, yet far fewer feel fully confident about. It sits in that grey space between immigration compliance, academic-level scrutiny, and meticulous record-keeping — the kind of requirement that only becomes obvious when a UKVI compliance officer asks for evidence you didn’t realise you needed. This article begins by turning those rules into practical, employer-friendly steps, helping you understand exactly when an ATAS check is required and what you should record every single time.

Why this matters for employers?

As a licensed sponsor under the Academic Technology Approval Scheme (ATAS), you must understand when a sponsored worker needs an ATAS certificate, and how you must record and act on it. Under the guidance for employers from UK Visas and Immigration (UKVI), checking for ATAS is a specific duty when assigning a Certificate of Sponsorship (CoS).
Failing to check or keep proper records may expose your organisation to compliance risk, licence downgrade, suspension or revocation.

When do you need to check for an ATAS certificate?

Here is a step-by-step decision tree for employers (licenced sponsors):

Decision Tree

1. Will the worker be employed under a route for which ATAS may apply (e.g. Skilled Worker, Global Business Mobility, Scale-up, Govt Authorised Exchange)?
2. Does the role include research at the PhD level or above? (or a “relevant subject area” per the ATAS rules)
3. Is the worker’s nationality not on the exempt nationalities list?
4. Is the role covered by a “relevant occupation code” / subject area that triggers ATAS?
5. If ALL of the above = Yes → The worker needs an ATAS certificate before you assign the CoS.
6. If ANY of the above = No → The worker does not need an ATAS certificate, but you must make a record of why the check is not required (e.g., exempt nationality, role not at PhD research level, subject not in list, etc.).

Relevant SOCs / Subjects & Exempt Nationalities

• The “relevant subject areas” and occupation codes are listed via the ATAS guidance and the Immigration Rules.
• Exempt nationalities include those from certain listed countries (see ATAS webpage).
  As an employer, you should have a checklist of SOC codes/subject codes in your compliance pack and note if the role falls in those.

What you must do as a sponsor?

When you identify that a worker needs an ATAS certificate, you must undertake the following steps:

• Tell the worker they need to apply for an ATAS certificate and that it must be included in their visa application.
• Check and keep a copy of the ATAS certificate (or the electronic approval notice from the Foreign, Commonwealth & Development Office (FCDO)) once issued.
• Include the ATAS-check question on the CoS when assigning it, for example: “Does this worker need an ATAS certificate? Yes/No” and if “No”, you must insert a brief explanation.
• Record keeping: Ensure you keep a copy of the certificate, any explanation notes, and your check-decision. These records must be retained per your overall sponsorship record obligations.
• Do not assign the CoS (or proceed) if the worker has refused to obtain the certificate or the certificate is refused.

How to record the check in your sponsorship records?

Your record-keeping obligations as a sponsor include documenting your recruitment, assignment of the CoS, ongoing compliance and monitoring. Among those records, you must include the ATAS check decision (yes/no) and certificate copy (if applicable).
Suggested record format:

• Worker name / CoS number
• Role title / SOC code
• Does ATAS apply? Yes/No
• If Yes: Date worker instructed, date certificate obtained, certificate reference, file copy stored.
• If No: Reason why the exemption/role is not qualifying / nationality exempt.
• Date of review or change (if role changes, subject changes, etc.)

Maintaining a dedicated “ATAS compliance log” helps when UKVI conducts compliance visits or checks. Any missing record could lead to enforcement action.

Exemptions and common scenarios

Exempt Nationalities

If a worker holds a passport from an exempt country, you will not require them to obtain an ATAS certificate. Ensure you record the nationality and exemption.

Role Not Research at PhD Level

If the nature of employment is not “research at PhD level or above”, then ATAS may not apply. In that case, you must record the decision and explanation.

Role Does Not Fall Within Relevant Subject / SOC

Even if the research level, if the subject falls outside the list of “relevant subject areas” for ATAS, then you do not need the certificate, but must record your assessment.

Assignment or Job Changes

If the worker’s role changes substantially (e.g., duties change to more research) or the employment period extends, you should review whether a new ATAS certificate is required. The ATAS guidance emphasises that changes in the research area or course may necessitate a new certificate.

Integrating ATAS checks into your sponsor workflow

To make the process efficient, you can build the ATAS check into your standard sponsorship workflow:

1. At the job specification stage: Flag whether the role is likely within the ATAS subject list or SOC codes.
2. At recruitment offer stage: Insert a checklist item – “ATAS check required?”
3. Before assigning CoS: Complete the decision tree and note whether a certificate is required.
4. On assignment of CoS: Enter answer into Sponsorship Management System.
5. On worker start: If a certificate is required, obtain a copy and store; if not, retain an explanation note.
6. Ongoing review: If job duties, research subject, or worker nationality change – revisit the ATAS decision.
7. Sponsor audit file: Keep an ATAS compliance log as part of your licence retention records in case of UKVI audit.

FAQs for employers

Q: Does every role I sponsor need ATAS?
A: No. Only those who check all the trigger points: relevant route, research at PhD level or above, relevant subject area, and non-exempt nationality. For others, you must document why it does not apply.

Q: Who determines whether a subject area is “relevant”?
A: The ATAS guidance sets out lists of subject codes and SOC occupations; you must check the published list.

Q: What if the worker changes duty from non-research to research?
A: Then you must reassess the ATAS requirement. If it now triggers ATAS, you must stop sponsorship until a certificate is obtained.

Q: How long must I retain the ATAS certificate copy?
A: As part of your usual sponsor record-keeping obligations (see Appendix D). At minimum, you should retain for the duration of employment and in line with UKVI requirements (usually the entire sponsorship period + additional years as per your compliance file).

Final thoughts!

Bringing clarity to your ATAS workflow is ultimately about creating smoother processes and feeling fully in control of your compliance responsibilities. When each step feels intentional — from checking the role to recording your decision — the entire task becomes far less daunting and far more manageable within your day-to-day sponsorship duties. Building that confidence takes consistency, but once it’s in place, it strengthens every part of your hiring cycle. For ongoing guidance, clearer explanations, and practical support with sponsorship compliance, make sure you follow Sponsor Licence Hub.