Sponsoring Workers

Employers looking to recruit or retain overseas nationals may need to sponsor the worker under the UK's points-based immigration system. Sponsorship places the employer at the centre of the immigration process, with responsibility for confirming that the role is eligible, assigning the correct Certificate of Sponsorship and meeting the duties that come with employing a sponsored worker.

For employers, the process starts well before the worker submits their visa application. The organisation will usually need an appropriate sponsor licence, the proposed role must satisfy the requirements of the relevant immigration route and the worker must qualify for that route. Salary, occupation code, working arrangements, the relationship between the sponsor and the worker and the information recorded on the Certificate of Sponsorship all have to be considered before sponsorship is assigned.

The costs also extend beyond the worker's visa application. Depending on the circumstances, employers may need to budget for sponsor licence fees, Certificate of Sponsorship fees, the Immigration Skills Charge and potentially priority processing, alongside the internal cost of administering sponsorship and maintaining compliant HR systems. Certain sponsorship costs must be borne by the sponsor and cannot simply be passed on to the worker.

Once a Certificate of Sponsorship has been assigned, the worker uses the sponsorship details as part of their immigration application. A successful visa decision does not bring the employer's responsibilities to an end. Right to work checks, record keeping, monitoring and Home Office reporting requirements can continue throughout the sponsored employment.

For organisations recruiting internationally at scale, sponsorship therefore needs to operate as a managed business process rather than a series of isolated visa applications. Recruitment, HR, immigration, payroll and management teams may all need to understand where their responsibilities begin and end.

What this article is about

This guide explains how UK employers sponsor workers, from establishing whether sponsorship is required and checking the proposed role through to assigning a Certificate of Sponsorship, managing sponsorship costs, supporting the visa application and bringing the worker into employment. It also explains the main responsibilities and risks employers need to consider once sponsorship has been granted.

Detailed guidance on individual issues is available throughout the guide, including sponsor licensing, Certificates of Sponsorship, occupation codes, salary requirements, sponsorship costs and ongoing sponsor compliance.

Section A: Understanding Worker Sponsorship

Before sponsoring an overseas worker, employers need to understand where sponsorship sits within the wider immigration process. A sponsor licence gives an organisation permission to sponsor qualifying workers, but it does not give an unrestricted right to employ anyone from overseas. Each proposed sponsorship has to satisfy the requirements of the relevant immigration route.

1. What does sponsoring a worker mean?

Sponsoring a worker means an organisation authorised by the Home Office formally supports an individual's application for permission to work in the UK under a sponsored immigration route.

The employer does this by assigning the worker a Certificate of Sponsorship (CoS). Despite its name, a CoS is not a physical certificate. It is an electronic sponsorship record containing information about the employer, the worker, the proposed role and the immigration route.

Assigning a CoS is an important legal and compliance step. The sponsor is confirming, among other matters, that it intends to employ the individual in the role described, that the role is eligible under the relevant route and that the information provided through the sponsorship process is accurate.

The worker then uses the CoS reference when making their immigration application. Sponsorship does not itself grant immigration permission. The Home Office separately considers whether the worker meets the requirements of the relevant route before deciding the application.

For employers, there are therefore two connected but distinct processes:

1. Employer sponsorship — the organisation holds the necessary sponsor permission and assigns a valid CoS for an eligible role.
2. Worker immigration permission — the individual makes an application and satisfies the requirements of the relevant immigration route.

An employer can complete its part of the sponsorship process correctly and the worker's application can still fail if the individual does not meet the applicable immigration requirements.

2. When does an employer need to sponsor someone?

Sponsorship is required where the individual needs permission under a sponsored work route to undertake the proposed employment.

Nationality alone does not determine whether sponsorship is necessary. An overseas national may already hold immigration permission allowing them to work for the employer without sponsorship. Others may have restrictions on the type or amount of work they can undertake.

Employers should therefore establish the individual's existing immigration status and right to work before assuming that sponsorship is required.

Workers who may not require employer sponsorship can include, depending on their individual circumstances, people with:

• indefinite leave to remain or another form of settlement
• British or Irish citizenship
• status under the EU Settlement Scheme
• dependant immigration permission carrying appropriate work rights
• permission under another immigration category allowing the proposed employment
• another statutory right to work in the UK without employer sponsorship

Having permission to work does not necessarily mean that every type of employment is permitted. Employers still need to establish whether the person's immigration conditions allow the particular work being offered.

Where the individual does require sponsorship, the employer must identify an appropriate sponsored route and determine whether both the job and the worker can meet its requirements.

3. Which immigration routes involve employer sponsorship?

The Skilled Worker route is the principal sponsored work route used by UK employers, but it is not the only route involving employer sponsorship.

Depending on the organisation, worker and proposed activity, sponsored routes can include Skilled Worker and a number of specialist or temporary work categories. Different routes serve different business purposes and impose different requirements relating to matters such as occupation, salary, skill level, overseas employment, assignment structure and permitted length of stay.

Choosing the route should therefore come before assigning sponsorship.

An employer transferring an existing overseas employee to the UK, for example, may need to consider whether a Global Business Mobility route is appropriate rather than treating the case automatically as a Skilled Worker application. Other organisations may be dealing with temporary workers or sector-specific immigration arrangements.

The correct route can affect:

• whether the worker is eligible
• which roles can be sponsored
• minimum salary requirements
• the type of sponsor permission required
• the Certificate of Sponsorship
• employer costs
• the maximum period of permission
• whether the route can lead to settlement
• the employer's ongoing sponsorship obligations

Employers should establish the intended immigration route before committing to the structure of the recruitment or assignment.

4. Sponsor licence versus worker visa

A sponsor licence and a worker's immigration permission perform different functions.

The sponsor licence relates to the organisation. It authorises the employer to sponsor workers under the routes covered by its licence.

The Certificate of Sponsorship relates to the particular proposed employment. It connects the licensed sponsor, worker, role and relevant immigration route.

The visa or immigration permission relates to the individual. It determines whether the worker is permitted to enter or remain in the UK and undertake the sponsored employment.

In practical terms, the sequence is generally:

Sponsor licence → eligible role and worker → Certificate of Sponsorship → immigration application → Home Office decision → employment

Employers that do not already hold the necessary sponsor licence will usually need to deal with the licensing process before they can assign sponsorship to the worker.

Existing sponsors should not assume their current licence automatically covers every type of worker they may want to sponsor. The relevant route must be available under the organisation's licence, and the sponsor must have the necessary CoS arrangements in place.

5. The required relationship between sponsor and worker

Worker sponsorship cannot simply be attached to any individual who provides services to an organisation. The proposed relationship between the sponsor and the worker has to satisfy the requirements of the relevant sponsored route.

Employers should therefore examine the substance of the arrangement where the worker will be:

• working at a client site
• providing services under a commercial contract
• working across different group entities
• employed by one organisation but deployed to another
• working through an outsourcing or project arrangement

The existence of a commercial relationship between organisations does not automatically mean one organisation can sponsor a worker to fill a routine role for another business.

Where third-party working or contractual service arrangements are involved, the employer should confirm that the proposed sponsorship structure complies with the relevant sponsor guidance before assigning a CoS.

6. Employer and worker responsibilities

Sponsorship creates responsibilities for both parties, but they are not interchangeable.

The employer is responsible for its actions as a licensed sponsor. Depending on the route and circumstances, this can include:

• checking that the proposed role qualifies for sponsorship
• identifying the appropriate occupation code
• ensuring applicable salary requirements are met
• assigning the correct type of CoS
• providing accurate information on the CoS
• paying sponsorship charges for which the sponsor is responsible
• completing the required right to work process
• keeping prescribed records
• monitoring sponsored workers
• reporting specified changes and events to the Home Office

The worker remains responsible for their own immigration application and for meeting the personal requirements of the relevant route. These can include requirements relating to identity, immigration history, English language ability, finances or other route-specific criteria.

Where relevant, the Home Office may also consider whether the worker genuinely intends to undertake the sponsored role and does not intend to work in a way that falls outside the conditions of the route.

The distinction matters operationally. HR and recruitment teams should not regard the worker's immigration adviser or visa application as replacing the employer's own sponsorship checks.

Equally, assigning a CoS should not be treated as an administrative formality performed after a recruitment decision has already become unconditional. Sponsorship should only proceed once the employer is satisfied that the proposed role, sponsorship arrangements and available immigration route are capable of supporting the intended employment.

For employers recruiting internationally, the next stage is therefore to test the proposed sponsorship before a Certificate of Sponsorship is assigned.

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Section B: Before You Sponsor a Worker

The decision to sponsor should be tested before a Certificate of Sponsorship is assigned. Employers need to establish that they have the necessary sponsor permission, that the immigration route fits the proposed employment and that the role and worker can satisfy the applicable requirements. Resolving these issues early can prevent recruitment delays, unnecessary immigration costs and sponsorship compliance problems later in the process.

1. Check whether your organisation can sponsor the worker

An organisation will usually need to hold a valid sponsor licence covering the relevant immigration route before it can sponsor a worker.

Employers without a sponsor licence need to factor the licence application into their recruitment timetable. Obtaining a licence is a separate Home Office process requiring the organisation to demonstrate that it is eligible to become a sponsor and capable of meeting the responsibilities attached to sponsorship.

Existing licence holders should confirm that:

• the sponsor licence remains valid
• the organisation holds the appropriate route on its licence
• its licence status allows it to sponsor the proposed worker
• the relevant Sponsor Management System arrangements are in place
• suitable authorised personnel are available to manage the sponsorship
• the organisation has access to the type and number of Certificates of Sponsorship required

A sponsor licence should not be viewed simply as an immigration registration. The Home Office expects licensed sponsors to maintain appropriate systems and controls throughout the period in which they sponsor workers.

Where an organisation does not yet have the required sponsor permission, the sponsor licence process will normally need to be completed before the individual sponsorship can proceed.

2. Confirm that your licence covers the correct route

Sponsor licences can cover different immigration routes. Holding a sponsor licence under one route does not necessarily allow an organisation to sponsor workers under another.

Employers should therefore establish the proposed immigration route and check that it is included on their licence.

Where an organisation's existing licence does not cover the required route, it may need to apply to add that route before sponsorship can proceed. The appropriate approach will depend on the immigration category and the organisation's circumstances.

This can become particularly important where an employer's international recruitment develops over time. An organisation that has historically sponsored Skilled Workers, for example, may later want to transfer personnel from an overseas group company or use another sponsored route for a different workforce requirement.

The immigration structure should be checked against the sponsor licence rather than assuming that existing sponsor status is sufficient.

3. Identify the correct immigration route

The immigration route determines many of the conditions governing the sponsorship.

For many employers recruiting workers into substantive UK roles, Skilled Worker will be the principal route considered. Other circumstances can require a different approach, particularly where the individual is being transferred, seconded or assigned to the UK rather than recruited into the UK workforce in the conventional sense.

The appropriate route should reflect the commercial and employment circumstances.

Relevant factors can include:

• the purpose of the worker coming to the UK
• whether the individual is a new recruit or an existing employee
• the relationship between UK and overseas organisations
• the proposed job
• the worker's salary
• how long the individual needs to work in the UK
• whether the arrangement is temporary or permanent
• whether settlement in the UK is an objective
• whether the worker qualifies under an alternative immigration route that does not require sponsorship

Route selection can have significant consequences for the employer and worker. A route that permits a particular assignment may, for example, impose different salary requirements, costs or restrictions from Skilled Worker and may not provide the same route to settlement.

Employers should therefore avoid choosing an immigration category solely because it appears to provide the quickest means of getting the individual into the UK.

4. Check whether the role is eligible for sponsorship

Sponsorship is not available simply because an employer wishes to recruit a particular individual. The proposed job must be an eligible role under the requirements of the relevant immigration route.

Under routes where occupational eligibility applies, employers need to establish that the actual duties and responsibilities of the position correspond to an occupation that can be sponsored.

The assessment should be based on the substance of the job rather than the employer's preferred job title.

Two businesses can use the same job title for materially different roles. Equally, roles carrying different internal titles may perform substantially the same functions for immigration purposes.

Employers should consider matters such as:

• the principal duties of the role
• the level of responsibility
• the skills required
• the organisational position
• who the worker reports to
• whether the role genuinely corresponds to the occupation being relied upon
• whether that occupation is eligible under the proposed immigration route

Job descriptions used for sponsorship should accurately reflect the position the worker will actually perform. The role should not be artificially constructed or altered simply to bring an otherwise ineligible position within a sponsored route.

5. Select the correct occupation code

Occupation coding is a significant part of worker sponsorship because the selected code can affect eligibility and the salary requirements applying to the role.

Employers should identify the occupation code that most accurately reflects the worker's actual job.

The exercise should not be approached by searching for the code producing the most favourable immigration outcome. The Home Office can consider whether the occupation code selected by the sponsor genuinely corresponds to the work being undertaken.

A defensible coding decision should normally be supported by the role's actual:

• duties
• responsibilities
• required skills
• seniority
• working arrangements

The worker's job title can assist, but it should not determine the answer where the underlying duties point towards a different occupation.

Incorrect occupation coding can affect the validity of the sponsorship and potentially expose wider weaknesses in the sponsor's recruitment and compliance processes.

6. Check the salary and going-rate requirements

Employers need to establish the applicable salary requirement before finalising the sponsorship package.

There is not necessarily one universal salary threshold that can be applied to every sponsored worker. Under the Skilled Worker route in particular, the applicable salary test depends on the worker, the occupation and the basis on which the individual qualifies.

Depending on the circumstances, the assessment can involve:

• the applicable general salary threshold
• the occupation-specific going rate
• hourly pay requirements where relevant
• the number of working hours used for the immigration calculation
• permitted tradeable-points reductions
• transitional salary provisions
• specific provisions applying to particular occupations or workers
• the components of remuneration that can lawfully be counted

A salary that appears commercially appropriate does not necessarily satisfy the immigration rules. Equally, an employer should not assume that a salary threshold used for one sponsored employee will apply to another worker undertaking a different role or qualifying on a different basis.

Employers should also be cautious about adjusting job descriptions, working hours or occupation codes primarily to bring a role within the sponsorship requirements. The Home Office can examine the reality of the employment rather than relying solely on the information entered on the Certificate of Sponsorship.

Salary should therefore be checked against the requirements applying to that worker and that sponsorship before the employer makes commitments that depend on sponsorship being available.

7. Check the worker's eligibility

An eligible job does not automatically mean that the proposed worker will qualify for the relevant immigration route.

The worker must satisfy the personal requirements of the route under which they intend to apply.

The precise requirements vary, but relevant considerations can include:

• the worker's nationality and existing immigration status
• whether an application can be made from within the UK
• previous or current immigration permission
• English language requirements
• financial or maintenance requirements
• immigration history
• route-specific eligibility conditions
• whether any restrictions prevent the proposed application or employment

Where the worker is already in the UK, particular attention should be given to their existing immigration status and whether switching into the proposed sponsored route is permitted.

Employers do not need to take over responsibility for the worker's entire immigration application, but they should have sufficient confidence that the proposed sponsorship is capable of being used for the intended purpose before assigning the CoS.

8. Check whether ATAS approval is required

For certain sponsored roles involving sensitive subjects at postgraduate level, the worker may require an Academic Technology Approval Scheme (ATAS) certificate.

Where the ATAS requirement applies, the sponsor should check that the worker has the required certificate before assigning the Certificate of Sponsorship.

This issue is most likely to arise in certain academic, research, scientific and technology-related roles. Employers in universities, research organisations and businesses recruiting into relevant research or technical positions should therefore incorporate an ATAS check into their pre-sponsorship assessment where appropriate.

9. Confirm that the role and vacancy are genuine

The proposed employment should represent an eligible and genuine role that meets the requirements of the relevant sponsored route.

The Home Office can scrutinise whether the vacancy actually exists, whether the duties correspond to the occupation relied upon and whether the role has been created or structured primarily to facilitate an immigration application.

This sponsor-side assessment should be distinguished from any worker-side requirement concerning the individual's genuine intention to undertake the sponsored role.

For the employer, the assessment can extend beyond confirming that there is a written job description. The Home Office may consider the nature of the organisation, its activities, staffing structure, recruitment requirement and whether the proposed position is credible in that context.

Questions can arise where, for example:

• the duties appear inconsistent with the occupation code
• the role appears unnecessary or implausible in the context of the business
• the stated responsibilities do not correspond with the organisation's operations
• the position appears to have been artificially constructed around immigration requirements
• the salary or seniority appears inconsistent with the actual job
• information provided during sponsorship conflicts with other information held about the organisation

Employers should be able to explain why the position exists, what the worker will actually do and how the role fits within the organisation.

The sponsorship assessment should therefore be completed as a coherent exercise. The immigration route, occupation code, job description, salary, working arrangements, employment relationship and Certificate of Sponsorship should all describe the same genuine employment proposition.

Once these preliminary checks have been completed, the employer can move to the central administrative mechanism for sponsoring the individual: the Certificate of Sponsorship.

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Section C: Certificates of Sponsorship

The Certificate of Sponsorship is the mechanism that connects the employer's sponsor licence to an individual worker's immigration application. Assigning a CoS is more than an administrative step. The sponsor is using its licence to confirm specific information about the worker, the proposed employment and the immigration route. Errors at this stage can delay or undermine the worker's application and can create compliance issues for the sponsor.

1. What is a Certificate of Sponsorship?

A Certificate of Sponsorship is an electronic record created and assigned through the Sponsor Management System (SMS).

It is not a paper certificate. Once assigned, the CoS generates a unique reference number which the worker uses when making their immigration application.

The CoS records information about the proposed sponsorship, which can include:

• the worker's personal details
• the immigration route
• the job title
• the occupation code
• the worker's main duties
• salary
• working hours
• work location
• proposed employment dates
• whether maintenance is being certified, where applicable
• other information required for the relevant route

The information entered should correspond with the employment the worker will actually undertake and with the basis on which the employer has concluded that the role qualifies for sponsorship.

A CoS does not guarantee that immigration permission will be granted. The Home Office will still determine whether the worker's application satisfies the requirements of the relevant route.

2. Defined and Undefined Certificates of Sponsorship

For Skilled Worker sponsorship, employers need either a Defined or Undefined Certificate of Sponsorship depending on the circumstances of the application.

A Defined CoS is required for a Skilled Worker applying from outside the UK.

An Undefined CoS is generally used for Skilled Worker applications made from within the UK and for sponsorship under routes where the Defined CoS system does not apply.

The distinction matters because the two types are obtained differently.

Defined CoS are requested through the Sponsor Management System for the proposed Skilled Worker sponsorship. The sponsor provides information about the proposed role as part of the request. Once the Defined CoS request has been granted, the sponsor can assign the certificate to the worker.

Undefined CoS operate through the sponsor's available allocation. Sponsors therefore need to monitor whether they have sufficient allocation available before a planned sponsorship is due to proceed.

Employers should identify which type of CoS is required early enough to avoid an otherwise preventable delay to the recruitment or immigration timetable.

3. CoS allocations

Sponsors using Undefined CoS need to manage their available allocation through the Sponsor Management System.

An allocation represents the number of Undefined Certificates the organisation is authorised to assign. It is not the same as assigning sponsorship to a particular worker.

Workforce planning can become important where an employer expects to sponsor several people, has regular international recruitment requirements or needs to manage extensions and other applications involving existing sponsored workers.

HR and immigration teams should consider upcoming sponsorship requirements rather than waiting until an individual's visa deadline is approaching.

Relevant planning issues can include:

• new overseas recruitment
• workers switching immigration categories
• extensions of existing sponsored workers
• changes in employment that require fresh sponsorship
• anticipated recruitment campaigns
• business expansion
• expiry dates across the sponsored workforce

A shortage of available certificates can disrupt recruitment or create time pressure around immigration applications. Organisations using sponsorship regularly should therefore incorporate CoS requirements into their wider workforce and immigration planning.

4. Requesting additional Certificates of Sponsorship

Where the sponsor does not have sufficient Undefined CoS available, it may be able to request an additional allocation through the SMS.

The Home Office can require information explaining why the additional certificates are needed. Employers should therefore be prepared to provide a credible business reason for the request and information about the roles or workers concerned.

The request should be consistent with the organisation's size, activities, staffing requirements and sponsorship history.

Where international recruitment is foreseeable, additional CoS requirements should be identified in advance. Waiting until a worker's existing permission is close to expiry or a contractual start date is imminent can create unnecessary operational risk.

Defined CoS are dealt with differently because they are requested for particular Skilled Worker sponsorships rather than drawn from the employer's Undefined CoS allocation.

5. Assigning a Certificate of Sponsorship

Once the appropriate CoS is available, an authorised SMS user can assign it to the worker.

Before assignment, the employer should complete a final check of the information being certified.

Particular attention should be given to:

• the worker's identity details
• the immigration route
• the job title
• the occupation code
• the job description and principal duties
• salary
• weekly working hours
• employment dates
• work location
• whether the relevant salary rules are satisfied
• whether the role remains the same as the role originally assessed
• whether ATAS approval is required and, where applicable, has been obtained
• any route-specific declarations or information

The CoS should reflect the employment arrangement that has actually been agreed and the role that the worker is genuinely expected to undertake.

Assigning first and resolving inconsistencies afterwards is a poor sponsorship practice. Once a CoS has been assigned, the options for correcting information can depend on the nature of the error and the stage reached in the worker's immigration application.

A structured pre-assignment check can reduce these risks and provide an internal record of the basis on which the organisation authorised the sponsorship.

6. Information entered on the CoS

Information recorded on the Certificate of Sponsorship can be used by the Home Office both to decide the worker's application and to assess the sponsor's compliance.

Consistency is therefore important.

The CoS information should align, where relevant, with the employer's:

• employment contract or offer
• job description
• payroll arrangements
• organisational structure
• recruitment records
• working arrangements
• information previously supplied to the Home Office

Discrepancies do not automatically mean that sponsorship is invalid, but material inconsistencies can invite questions about whether the role has been properly assessed or whether the information provided by the sponsor is reliable.

Employers operating decentralised recruitment processes should pay particular attention to this issue. A hiring manager may understand a role differently from the HR team entering information into the SMS. Immigration compliance procedures should provide a mechanism for resolving those differences before sponsorship is assigned.

7. CoS start and end dates

The Certificate of Sponsorship records the proposed period of employment relevant to the sponsorship.

Employers should use realistic dates based on the expected immigration and employment timetable.

The proposed start date can become important if the immigration application takes longer than anticipated or the worker cannot begin employment when originally planned. Sponsors should consider whether a delayed start requires action under the sponsorship reporting rules rather than simply allowing the original CoS information to become detached from the actual employment arrangements.

The end date can also affect the period of immigration permission being requested and the costs associated with the sponsorship, including the Immigration Skills Charge where applicable.

Employers should therefore coordinate sponsorship dates with recruitment, employment documentation and the worker's immigration timetable.

8. How long is a Certificate of Sponsorship valid?

Once a Certificate of Sponsorship has been assigned, the worker must generally use it to make their immigration application within three months.

The timing of the application also has to be considered against the proposed employment start date. A worker should not make the application more than three months before the start date stated on the CoS.

Employers should therefore avoid assigning a CoS substantially earlier than necessary and should coordinate assignment with the worker's intended application date.

Timing can be particularly important where the worker:

• is completing a notice period
• is waiting to meet another immigration requirement
• needs to apply from overseas
• has existing UK immigration permission approaching expiry
• is coordinating travel with the proposed employment start date

If the CoS is not used within the applicable validity period, it may no longer be capable of supporting the intended application and fresh sponsorship may be required.

The CoS timetable should therefore form part of the wider recruitment plan rather than being treated as an isolated administrative deadline.

9. Correcting errors on a Certificate of Sponsorship

Errors can occur even where employers operate careful sponsorship processes.

The appropriate response depends on what is wrong, whether the CoS has already been assigned and whether the worker has submitted their immigration application.

Some issues may be capable of being addressed through the Sponsor Management System or by adding an appropriate sponsor note. More significant errors can require a different approach and, in some circumstances, fresh sponsorship.

Employers should avoid assuming that every mistake can simply be explained after the event.

Errors involving matters central to immigration eligibility require particular care, including mistakes relating to:

• occupation code
• salary
• working hours
• immigration route
• worker identity
• job details
• sponsorship dates

Where an error could affect whether the role or worker qualifies, the employer should establish the correct remedial action before the worker proceeds with or relies on the sponsorship.

10. When is a new Certificate of Sponsorship required?

A CoS relates to a particular sponsorship arrangement. It does not provide permanent authority for the worker to undertake any role for the sponsor.

Fresh sponsorship can be required in a range of circumstances, including certain extensions, changes of employment and changes to the worker's sponsored role.

Whether a new CoS and immigration application are required depends on the nature of the change and the immigration route involved.

Employers should therefore assess significant changes before implementing them, particularly where they involve:

• a different occupation
• substantial changes to duties
• a new sponsored role
• extension of immigration permission
• movement between sponsors
• changes that affect the immigration conditions under which the worker was originally sponsored

Internal HR changes can have immigration consequences even where the organisation regards them as routine.

Promotion, restructuring, changes in responsibilities or redeployment should therefore be checked against the sponsorship rules before they take effect where a sponsored worker is involved.

Once the correct Certificate of Sponsorship has been assigned, the employer also needs to account for the financial consequences of sponsorship. These can extend well beyond the fee charged for assigning the certificate itself.

 

 

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Section D: Costs of Sponsoring a Worker

Sponsoring a worker can involve several separate immigration costs, some of which must be paid by the employer and others which arise as part of the worker's immigration application. Employers should calculate the likely cost before sponsorship is assigned, particularly where several workers are being recruited or sponsorship will extend over a number of years. The total cost will depend on the immigration route, length of sponsorship, size and status of the organisation and the circumstances of the worker.

1. Certificate of Sponsorship fee

A fee is payable when a Certificate of Sponsorship is assigned to a worker.

For a Worker sponsor licence, the current Certificate of Sponsorship fee is £525, subject to the different fee arrangements applying to specified routes or circumstances. Temporary Worker Certificates of Sponsorship are subject to a lower fee.

The CoS fee is separate from:

• the sponsor licence application fee
• the Immigration Skills Charge
• the worker's visa application fee
• the Immigration Health Surcharge, where applicable
• optional priority processing charges

Employers sponsoring multiple workers should therefore account for the CoS fee as a per-worker sponsorship cost rather than treating it as part of the sponsor licence application fee.

The sponsor should pay the Certificate of Sponsorship fee where required under the sponsorship rules. Employers should not assume that this cost can be transferred to the sponsored worker. Home Office sponsor guidance restricts sponsors from recouping specified sponsorship costs from sponsored workers, and breach of these requirements can place the sponsor licence at risk.

Immigration fees are subject to change, so employers should check the current Home Office fee schedule when budgeting for a proposed sponsorship.

2. Immigration Skills Charge

The Immigration Skills Charge (ISC) is one of the most significant employer costs associated with sponsoring workers. It applies principally to sponsorship under the Skilled Worker and Senior or Specialist Worker routes, subject to specified exemptions.

The charge is paid by the sponsor and is calculated according to the length of sponsorship and whether the organisation qualifies as a small or charitable sponsor or is treated as a medium or large sponsor.

The current rates are:

• small or charitable sponsors: £480 for the first 12 months and £240 for each additional six-month period
• medium or large sponsors: £1,320 for the first 12 months and £660 for each additional six-month period

Where the worker is applying from outside the UK, the ISC generally applies where the sponsored employment will last for six months or more. Where the relevant application is being made from within the UK, the charge can apply regardless of the length of sponsorship.

Not every sponsored worker attracts the ISC. Exemptions apply in specified circumstances, including certain occupations and sponsorship situations. Employers should therefore establish whether an exemption applies before calculating the final cost of the sponsorship.

Where the charge does apply, the duration of sponsorship can materially affect the amount payable. Sponsoring a worker for several years can result in a substantial upfront employer cost, particularly for a medium or large sponsor.

The Immigration Skills Charge is a charge on the sponsor. It cannot be passed on to the sponsored worker. Employers should not require the worker to reimburse the ISC through an immigration repayment agreement, deduction from salary or other arrangement.

Failure to comply with the rules restricting recovery of sponsorship costs can have sponsor licence consequences, including potential revocation in relevant circumstances.

3. Sponsor licence costs

Organisations that do not already hold the required sponsor licence will also need to account for the cost of becoming licensed.

The sponsor licence application fee depends on matters including the organisation's size or charitable status and the type of licence being sought.

Additional costs can arise where the organisation uses optional Home Office services or requires professional assistance with matters such as:

• assessing sponsor licence eligibility
• preparing the licence application
• reviewing supporting documents
• preparing HR systems for sponsorship
• responding to Home Office enquiries
• preparing for a pre-licence compliance visit

For an existing licensed sponsor, the original licence application cost will not usually form part of the direct cost of each individual recruitment. It remains relevant, however, when an organisation is assessing the overall cost of establishing and maintaining an international recruitment programme.

Employers should also distinguish between costs associated with the worker's immigration application and costs associated with obtaining or maintaining the organisation's authority to sponsor. Current sponsor rules restrict the recovery from sponsored workers of specified sponsor licence and sponsorship costs.

4. Visa application fees

The worker will generally need to pay an application fee when applying for immigration permission.

The amount depends on the immigration route and can also vary according to matters such as the length of permission requested, where the application is made and the particular circumstances of the application.

Although the immigration application is made by the worker, some employers choose to pay or reimburse visa fees as part of their recruitment, relocation or global mobility package.

Where the employer intends to meet these costs, the policy should be clear about:

• which application fees are covered
• whether dependant applications are included
• whether priority services are covered
• whether the employer will pay directly or reimburse the worker
• what happens if the application is refused
• whether any lawful repayment provisions apply if the employee leaves

A consistent policy can become particularly valuable for organisations sponsoring workers regularly. It can also help avoid confusion between worker-side immigration costs that the employer chooses to fund and sponsorship costs which the employer is required to bear itself.

5. Immigration Health Surcharge

Workers applying under immigration routes subject to the Immigration Health Surcharge (IHS) may have to pay the charge as part of their immigration application.

The total can be substantial where permission is sought for several years, particularly if the worker is accompanied by family members who are also required to pay the surcharge.

Some immigration categories and applicants are exempt from the IHS. Employers should therefore check whether the charge applies to the particular route and worker rather than assuming it forms part of every sponsored worker's costs.

As with the worker's visa application fee, employers can decide as a matter of recruitment or global mobility policy whether they will meet or reimburse an employee's IHS where the charge is payable.

For senior hires, hard-to-fill roles and international assignments, the treatment of visa and healthcare charges can form an important part of the overall employment package. Where family immigration costs are also being funded, employers should account for these separately when calculating the full recruitment cost.

6. Priority processing costs

Optional priority services may be available at different stages of the sponsorship and immigration process.

Depending on the service, eligibility and availability at the relevant time, expedited processing may potentially be available for matters such as sponsor licence applications, certain sponsor management requests or the worker's immigration application.

Priority services should not be treated as a substitute for proper planning. Availability can be restricted, eligibility can vary and expedited processing does not guarantee that an application or request will be approved.

Where timing is commercially important, employers should identify the entire dependency chain:

Sponsor permission → CoS availability → CoS assignment → worker application → Home Office decision → right to work → start date

Expediting one stage may provide little practical benefit if another stage remains unresolved. Employers should therefore identify the actual source of potential delay before paying for priority processing.

7. Which sponsorship costs must the employer pay?

Employers need to distinguish carefully between sponsorship costs imposed on the organisation and immigration costs associated with the worker's own application.

Specified sponsor-side costs must be borne by the sponsor and should not be transferred to the sponsored worker. These include the Immigration Skills Charge and other sponsorship costs which the current sponsor rules prohibit the employer from recouping from the worker.

The restriction is important because immigration repayment arrangements have historically been used by some employers to recover substantial recruitment and immigration expenditure when an employee leaves. Such provisions now need to be considered against the Home Office rules restricting recovery of sponsor-side costs.

Employers should therefore distinguish between:

• sponsor-side costs which the organisation is required to bear and which cannot be passed to the sponsored worker under the applicable sponsor rules
• worker immigration costs, such as visa application fees and the Immigration Health Surcharge, which the employer may choose to fund or reimburse
• dependant immigration costs which the employer may choose to include within a relocation or mobility package
• professional fees, where the recoverability of the particular cost should be considered according to what the fee relates to and the applicable sponsorship and employment rules
• relocation and other employment costs which fall outside the Home Office sponsorship charges but may be addressed within the employer's recruitment package

The Home Office can take sponsor compliance action where prohibited sponsorship costs are passed to a sponsored worker. Depending on the breach and applicable sponsor guidance, this can include action affecting the organisation's sponsor licence and potentially revocation.

Employers should therefore review immigration clawback clauses, repayment agreements and international recruitment policies to ensure they do not seek recovery of costs that the sponsor is required to bear.

8. Using immigration repayment agreements

An employer may choose to fund certain worker-side immigration or relocation costs and seek to protect that investment through an appropriately drafted repayment agreement where lawful.

For example, an employer may decide to pay the worker's visa application fee, Immigration Health Surcharge or certain relocation expenses and provide for some of those costs to become repayable if the employee voluntarily leaves within a specified period.

Any such arrangement should be considered carefully.

The employer should establish:

• which costs can lawfully be recovered
• which sponsor-side costs must be excluded
• the circumstances that trigger repayment
• whether the amount reduces over time
• how any deduction from wages will be authorised
• whether the provision is proportionate and enforceable under employment law

A contractual repayment provision does not override the sponsor rules. A cost that the Home Office requires the sponsor to bear cannot be made recoverable merely by including it in the worker's employment contract or a separate clawback agreement.

9. Calculating the total cost of sponsorship

The true cost of sponsoring a worker is rarely represented by a single Home Office fee.

For budgeting purposes, employers should consider the complete sponsorship lifecycle.

A cost assessment can include:

• sponsor licence costs, where applicable
• Certificate of Sponsorship fee
• Immigration Skills Charge, where applicable
• visa application fee
• Immigration Health Surcharge, where applicable
• priority processing charges
• dependant immigration costs where these are being funded
• professional fees
• relocation expenses
• internal HR and compliance administration
• future extension or further sponsorship costs

For one worker, these costs may be manageable as part of the recruitment budget. Across a larger sponsored workforce, they can become a significant employment cost requiring central oversight and forecasting.

Employers should also consider timing. Some sponsorship costs are incurred before there is certainty that the worker will ultimately receive immigration permission. Recruitment budgets and offer documentation should therefore reflect the possibility of delay or refusal.

A structured sponsorship cost model allows the organisation to compare immigration options, forecast future extension costs and make informed decisions about which worker-side expenses it will fund.

Once the employer has assigned the Certificate of Sponsorship and the relevant sponsorship charges have been dealt with, responsibility moves partly to the worker. The worker must use the sponsorship to make the appropriate immigration application before they can rely on it to undertake the proposed employment.

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Section E: The Worker Visa Application

Assigning a Certificate of Sponsorship enables the worker to proceed with their immigration application, but it does not give them permission to work in the UK. The worker must make a valid application under the relevant sponsored route and satisfy the applicable requirements before the proposed employment can proceed on the basis of that sponsorship. Employers should understand this stage sufficiently to coordinate recruitment, start dates and onboarding without assuming responsibility for matters that remain part of the worker's application.

1. What happens after the CoS is assigned?

Once the employer has assigned the Certificate of Sponsorship, the worker is given the CoS reference number for use in their immigration application.

The application is made by the worker rather than the sponsoring employer. The worker will generally need to provide information and evidence relating to their identity, immigration circumstances and eligibility under the relevant route.

The worker must generally use the assigned CoS to make the immigration application within three months of the date on which it was assigned. The timing of the application also needs to comply with the rules relating to the proposed employment start date.

The Home Office will consider the application against the requirements applying at the date of application.

The employer's sponsorship information forms an important part of that assessment. Depending on the route and circumstances, the Home Office can consider whether:

• the sponsor is authorised to sponsor under the relevant route
• the CoS is valid
• the proposed role is eligible
• the occupation code is appropriate
• the applicable salary requirements are met
• the role and vacancy are genuine
• the proposed sponsorship arrangements satisfy the requirements of the route
• the information provided by the employer and worker is consistent
• the worker satisfies the personal requirements of the route
• where applicable, the worker genuinely intends to undertake the sponsored role

A valid CoS is therefore one component of the application rather than a guarantee of approval.

2. Information required from the employer

Much of the employer-side information required for the immigration application will already have been recorded on the Certificate of Sponsorship.

Depending on the route and circumstances, relevant information can include:

• sponsor details
• CoS reference number
• job title
• occupation code
• salary
• working hours
• work location
• employment start and end dates
• description of the role
• whether maintenance has been certified, where applicable
• other route-specific sponsorship information

Employers should provide the worker with the information they need to complete their application accurately.

The worker's application should not contradict the sponsorship information without the discrepancy being investigated. Differences involving salary, job title, duties, working location or employment dates may need to be resolved before submission.

Where advisers are acting separately for the employer and worker, there should be an appropriate process for ensuring that the sponsorship and immigration application describe the same proposed employment.

3. Information required from the worker

The worker is responsible for demonstrating that they meet the personal requirements of the immigration route.

The evidence required will depend on the application, but can involve matters such as:

• passport or other identity evidence
• existing immigration status
• English language ability
• financial or maintenance requirements
• previous immigration history
• relationship evidence for accompanying dependants
• criminal record certificates where required
• tuberculosis testing where applicable
• an ATAS certificate where the requirement applies
• other documents required under the particular route

Not every applicant will need to provide the same evidence.

Employers should avoid applying a generic document checklist to every sponsored worker. The worker's nationality, current location, existing immigration status, immigration history, proposed occupation and route can all affect what is required.

The employer should nevertheless establish whether there are any obvious worker-side issues capable of affecting the recruitment timetable before relying on a proposed immigration approval date.

4. When should the worker apply?

The timing of the immigration application needs to be coordinated with the Certificate of Sponsorship, the worker's existing immigration status and the proposed employment start date.

An assigned CoS must generally be used within three months. The worker must also observe the applicable restriction on applying too far in advance of the employment start date stated on the certificate.

For workers already in the UK, the expiry date of their existing immigration permission can create an additional deadline. An application made after existing permission has expired can have materially different consequences from a valid application made before expiry.

Employers should therefore plan backwards from the intended start date and consider:

• when the CoS can be assigned
• when the worker can submit the application
• when the worker's existing permission expires
• any evidence the worker still needs to obtain
• whether ATAS or another pre-application requirement applies
• expected Home Office processing time
• whether the worker needs to serve notice to another employer
• whether overseas travel is required
• contingency for delays or requests for further information

An employment start date should be realistic rather than based on an assumption that the immigration application will be decided immediately.

5. Visa processing times

Processing times vary according to the immigration route, whether the application is made inside or outside the UK, the service used and the circumstances of the individual application.

Published Home Office processing standards can assist with planning, but they should not be treated as guaranteed decision dates.

Applications can take longer where, for example:

• further evidence is requested
• additional checks are required
• the application raises eligibility issues
• information supplied by the worker and sponsor is inconsistent
• the Home Office needs to investigate the proposed employment or sponsorship
• operational demand affects processing

Employers recruiting for a fixed project, contractual deadline or operational requirement should build an appropriate margin into the timetable.

A delayed immigration decision can affect not only the worker but also workforce deployment, project delivery, accommodation, travel arrangements, existing notice periods and recruitment costs.

6. Priority visa services

A worker may, where eligible and where the service is available, be able to pay for expedited consideration of their immigration application.

Priority processing can be commercially useful where a role needs to be filled quickly, but it does not alter the substantive immigration requirements.

Paying for faster processing will not cure:

• an ineligible role
• an incorrect occupation code
• insufficient salary
• an invalid Certificate of Sponsorship
• missing evidence
• a worker eligibility problem
• inconsistencies in the application

Employers should therefore distinguish between a case that is ready for faster processing and a case that first needs substantive immigration issues resolved.

The availability, eligibility requirements, cost and expected turnaround of priority services can change. The current Home Office position should therefore be checked when the application is being planned rather than assuming an expedited service will be available.

7. When can the sponsored worker start work?

Employers should establish that the individual has the necessary right to undertake the sponsored employment before allowing them to start work.

The assignment of a CoS does not itself create a right to work.

Where the worker is overseas and applying for entry clearance, the employer will ordinarily need to wait until the relevant immigration permission has been granted and the worker is able to commence employment in accordance with that permission.

The position can be different for individuals already lawfully in the UK who make an in-time application to change or extend their immigration permission. Their ability to work while an application is pending depends on their existing immigration status, the conditions attached to that permission and the effect of the pending application.

Employers should not assume that a pending sponsored application permits the individual to begin the newly sponsored role.

Before employment starts, the organisation should complete the prescribed right to work process and retain the required evidence.

For most sponsored workers, immigration status is now evidenced digitally through the Home Office's eVisa system. Employers will generally verify the worker's status through the online right to work service using a share code provided by the worker where the online checking process applies. Employers should use the checking method prescribed for the individual's status rather than relying on expired or legacy physical immigration documents.

8. What if the visa application is refused?

A visa refusal does not necessarily mean there was a problem with the sponsor licence or Certificate of Sponsorship. Applications can be refused for reasons relating to the worker, the job, the sponsorship or the evidence submitted.

The first step should be to establish why the application was refused.

Depending on the circumstances, the appropriate response may involve:

• reviewing the refusal decision and the reasons given by the Home Office
• correcting an application or evidential issue
• considering whether a fresh application is appropriate
• reviewing the Certificate of Sponsorship
• assigning fresh sponsorship where required
• considering whether an administrative review or another form of challenge is available
• reassessing whether the proposed immigration route is suitable

There is no universal right of appeal against every refusal of a sponsored work application. Whether administrative review, an appeal or another legal remedy is available depends on the type of decision, the immigration route and the grounds on which the decision is challenged.

Employers should avoid immediately assigning another CoS without understanding the reason for the first refusal.

Where the refusal identifies concerns about the sponsored role, occupation code, salary, genuineness of the role, sponsorship arrangements or information supplied by the sponsor, the implications may extend beyond the individual's application. The organisation should consider whether the issue reveals a wider sponsorship compliance problem.

Recruitment arrangements should also anticipate the possibility that immigration permission will not be granted. Employment offers, proposed start dates and relocation commitments should be structured appropriately where employment depends on the worker obtaining and maintaining the necessary right to work.

Once immigration permission has been granted, the employer moves from sponsoring a proposed worker to employing a sponsored worker. The next stage is to complete the right to work and onboarding process and ensure the actual employment corresponds with the sponsorship that was approved.

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Section F: Bringing the Worker Into Employment

Visa approval does not complete the employer's sponsorship process. Before the worker starts, the organisation needs to establish that the individual has the right to undertake the proposed employment, complete the required right to work check and make sure the actual employment arrangements correspond with the sponsorship granted. The worker should then be brought within the employer's ongoing sponsor monitoring and record-keeping systems.

1. Complete the right to work check

Sponsorship does not replace the employer's obligation to conduct a compliant right to work check.

The employer should complete the prescribed check before employment begins. Where the statutory requirements are met, a compliant check can provide the employer with a statutory excuse against liability for a civil penalty for illegal working.

For most sponsored workers, immigration status is now held digitally through an eVisa. Employers will commonly verify the individual's right to work using the Home Office online right to work service and a share code provided by the worker.

The employer should check that:

• the photograph on the online profile is of the person presenting themselves for work
• the individual has permission to work in the UK
• the type of work being offered is permitted
• any restrictions or conditions are compatible with the proposed employment
• the immigration permission remains valid
• the details correspond with the individual being employed

The employer should retain the prescribed evidence of the check for the required period.

Where the worker has time-limited immigration permission, a follow-up right to work check may be required before the statutory excuse expires. Employers should therefore record relevant immigration expiry dates within their HR or compliance systems rather than relying on the employee to raise the issue.

Physical Biometric Residence Permits are no longer valid evidence of immigration status for right to work purposes. The move to eVisas means employers should ensure their onboarding procedures reflect the current digital immigration system rather than legacy processes built around BRP cards or other superseded documents.

2. Confirm the worker's immigration status

The employer should establish the immigration permission under which the individual will actually start work.

Recruitment records can become outdated during a lengthy sponsorship process. A candidate may originally have held one form of immigration permission and subsequently obtained another, or their immigration circumstances may have changed before their employment begins.

The organisation should therefore rely on the operative immigration status confirmed through the appropriate right to work process rather than assumptions made earlier in recruitment.

Particular care may be required where:

• the worker has recently switched immigration routes
• an extension or variation application has been made
• an application remains pending
• the worker previously had permission linked to another sponsor
• the individual's immigration permission contains employment restrictions
• the worker's digital status does not appear to correspond with the expected immigration decision

A discrepancy should be resolved before the worker is permitted to undertake employment where the organisation cannot establish the required right to work.

3. Confirm the employment start date

The employer should record when the sponsored worker actually starts employment and compare this with the date anticipated during the sponsorship process.

Immigration processing, notice periods, travel arrangements, relocation difficulties and personal circumstances can all cause the actual start date to differ from the date originally recorded on the Certificate of Sponsorship.

A change does not necessarily mean the worker cannot start, but sponsors should not ignore a material delay.

Home Office sponsor guidance contains rules governing delayed starts and the circumstances in which a sponsor must report the change or explain why the worker has not started as originally expected. Where the delay exceeds the period permitted under the applicable sponsor guidance, the sponsor will need to consider whether continued sponsorship remains permissible.

HR teams should therefore have an escalation process where a sponsored worker:

• does not arrive when expected
• asks to postpone their start date
• cannot travel because of immigration processing
• remains employed elsewhere for longer than anticipated
• fails to attend on the agreed first day

The issue should be considered under the sponsorship rules rather than handled solely as a routine recruitment-date amendment.

4. Check employment terms against the sponsorship

The employment the worker actually undertakes should correspond with the employment described during the sponsorship process.

Before or at the point of onboarding, employers should check the final employment arrangements against the Certificate of Sponsorship and supporting recruitment records.

Relevant matters can include:

• job title
• principal duties
• occupation code
• salary
• working hours
• work location
• reporting arrangements
• employment start date
• anticipated employment duration

Minor operational differences will not necessarily affect sponsorship. Material changes can, however, have immigration consequences and may need to be reported or assessed before the worker begins under the altered arrangement.

This is particularly important where the employment offer has changed while the worker's visa application was being processed.

A hiring manager should not, for example, substantially change the worker's duties, reduce the salary or move the employee into a different role without the immigration implications being checked.

5. Create and retain required sponsorship records

Licensed sponsors are subject to Home Office record-keeping duties. Relevant documents should be collected and retained in accordance with the current sponsor guidance, including Appendix D to the sponsor guidance where applicable.

The precise records required depend on the worker and circumstances, but the sponsor's records can include:

• evidence of the right to work check
• the worker's current contact details
• relevant recruitment and employment information
• employment contract or other evidence of the terms of employment
• salary and payroll records
• records supporting the sponsored role and occupation code
• records relating to working arrangements
• absence and attendance information where required
• other documents prescribed by the sponsor guidance

Keeping records is only part of the obligation. Sponsors should also be able to retrieve relevant information promptly if requested by the Home Office.

Documents spread across recruitment systems, individual managers' inboxes, payroll platforms and local HR folders can create compliance problems even where the information technically exists somewhere within the organisation.

Organisations sponsoring workers at scale should therefore establish a clear record architecture identifying what is retained, where it is held, who is responsible for it and how it can be produced during a compliance review or Home Office visit.

6. Put the worker into the sponsor monitoring system

A sponsored worker should become part of the organisation's immigration compliance system from the beginning of employment.

The system should allow relevant events to be identified and escalated before reporting or immigration deadlines are missed.

Depending on the organisation and sponsored route, monitoring can include:

• immigration permission expiry dates
• attendance and unexplained absence
• current home address and contact details
• salary
• job duties
• promotions and role changes
• working hours
• work location
• changes in working arrangements
• extended absence
• termination of employment

The monitoring process should connect with ordinary HR activity. A sponsor compliance system that operates separately from payroll, line management and HR can fail because the people managing the licence never become aware that a relevant employment change has occurred.

Line managers do not necessarily need detailed immigration expertise, but they should know which types of change involving a sponsored worker need to be escalated to the team responsible for sponsorship.

7. Deal with changes arising before or shortly after the start date

Employment arrangements sometimes change between recruitment and the worker starting work.

Examples can include:

• a delayed start date
• a change of work location
• a change in salary
• different working hours
• changes to job duties
• a different reporting line or team
• a change to the expected duration of the role
• a change in working arrangements, including relevant home or hybrid working arrangements

Employers should not assume these can all be dealt with as ordinary contractual variations.

Some changes may require reporting through the Sponsor Management System. Others can affect whether the existing sponsorship remains valid and, depending on the circumstances, may require a new Certificate of Sponsorship and a further immigration application.

The correct response depends on the nature of the change and the immigration route. The safest operational approach is to require immigration review before a material change to a sponsored worker's employment is implemented.

8. Move from recruitment to ongoing sponsorship management

Once the worker has started, responsibility for immigration compliance needs to transfer cleanly from the recruitment process into ongoing HR and sponsor licence management.

Employers should establish who is responsible for:

• monitoring immigration expiry dates
• identifying reportable changes
• making required SMS reports within the applicable Home Office deadline
• maintaining sponsorship records
• reviewing changes to salary, duties and location
• responding to prolonged or unexplained absence
• planning extensions or further immigration applications
• reporting the end of sponsored employment where required

Worker-related events that are reportable under the sponsor guidance commonly have to be reported through the SMS within 10 working days of the relevant event. Different requirements and timeframes can apply to changes affecting the sponsoring organisation itself, with specified organisational changes commonly subject to a 20-working-day reporting period. Sponsors should check the rule applying to the particular event rather than treating every sponsorship change as subject to the same deadline.

Clear ownership is particularly important where recruitment, HR, payroll and immigration functions are handled by different teams or external providers.

A sponsored worker's immigration status should not become invisible once onboarding is complete. Sponsorship continues throughout the relevant employment and can be affected by decisions made months or years after the original visa application.

The next stage is therefore ongoing management of the sponsored worker, including changes to salary, duties, work location, absence and eventual extension or termination of the sponsored employment.

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Section G: Managing a Sponsored Worker

Sponsorship continues after the worker has started employment. Licensed sponsors are expected to monitor sponsored workers, retain required records and report specified changes and events to the Home Office. Routine employment decisions involving salary, duties, location, absence or termination can therefore have immigration consequences and should be considered before changes are implemented.

1. Monitoring sponsored workers

Sponsors need systems capable of monitoring relevant aspects of a sponsored worker's employment and immigration position throughout the sponsorship period.

The purpose is not simply to maintain an immigration file. The organisation needs to be able to identify events that may affect sponsorship and take any required action within the applicable Home Office timeframe.

Monitoring arrangements can include:

• immigration permission and expiry dates
• attendance and unexplained absence
• current home address and contact details
• salary and payroll information
• working hours
• job duties and responsibilities
• work location
• changes in working arrangements
• promotions and internal transfers
• extended periods of absence
• termination or resignation

Responsibility should be allocated clearly. Where the immigration or HR team depends on line managers to identify changes, managers should understand which events involving sponsored workers need to be escalated.

Reportable worker-related events commonly have to be reported through the Sponsor Management System within 10 working days. Sponsors should check the specific reporting requirement applying to the event rather than assuming that every employment change requires the same action.

2. Changes to salary

Changes to a sponsored worker's salary require particular care because salary can be a continuing condition of the worker's sponsorship and immigration permission.

An increase in salary will not normally create the same eligibility concern as a reduction, although reporting requirements can still need to be considered depending on the circumstances and applicable sponsor guidance.

A reduction in salary can be more significant.

Before implementing a reduction, the employer should consider:

• whether the revised salary continues to satisfy the applicable immigration requirements
• whether the relevant occupation going rate remains met
• whether the worker qualified using a particular salary or tradeable-points provision
• whether working hours are also changing
• whether the reduction falls within a permitted exception
• whether the change must be reported
• whether fresh sponsorship or a new immigration application is required

The sponsor rules contain provisions dealing with certain permitted salary reductions and periods during which pay can be affected, including specified forms of absence. Employers should not assume that every reduction below the salary originally stated on the CoS is prohibited, but the relevant exception should be identified before the change is implemented.

Equally, contractual agreement with the employee does not make an immigration problem disappear. A salary reduction that is lawful under employment law can still breach the conditions under which the worker is sponsored.

Payroll and HR teams should therefore be able to identify sponsored workers before salary changes are processed.

3. Changes to duties and occupation

Sponsored workers can develop within an organisation, but changes to their role need to be assessed against the immigration rules.

A promotion or internal restructuring does not automatically require a new immigration application. The legal effect depends on what is actually changing.

Employers should consider whether:

• the worker remains within the same occupation code
• the principal duties have materially changed
• the new role remains eligible for sponsorship
• the revised salary satisfies the applicable requirements
• the change is reportable through the SMS
• the change amounts to a change of employment requiring fresh sponsorship and immigration permission

A change in job title alone may not determine the immigration position. The substance of the new role and its duties is more important.

Where the worker moves into a role falling under a different occupation code, the employer should establish whether a new Certificate of Sponsorship and change of employment application are required before the worker starts performing the new role.

Immigration review should therefore form part of the approval process for promotions, redeployments and restructures involving sponsored workers.

4. Changes to work location and working arrangements

The work locations associated with a sponsored worker form part of the sponsorship information available to the Home Office.

Changes to where the employee works can therefore need to be considered under the sponsor reporting rules.

Relevant changes can include:

• moving permanently to another office
• working regularly from an additional location
• moving between branches
• working at a client site
• changes resulting from a business relocation
• changes to home or hybrid working arrangements where relevant under the current sponsor guidance

Employers should distinguish ordinary flexibility within an existing working arrangement from a material change to the sponsored employment.

Hybrid working does not remove the sponsor's responsibility to know where and how the sponsored worker is working. The organisation should maintain sufficient oversight to comply with its sponsorship duties and should report changes where required by the current guidance.

Third-party and client-site arrangements require additional care. A sponsor cannot use sponsorship merely to supply labour to another organisation or to fill an ongoing routine role for a third party where the arrangement does not satisfy the applicable sponsorship requirements.

5. Absence from work

Sponsored workers can take ordinary employment leave, but certain absences can affect sponsorship and may engage the sponsor's monitoring or reporting duties.

Employers should maintain appropriate systems for identifying prolonged or unexplained absence.

Relevant circumstances can include:

• annual leave
• sickness absence
• family-related leave
• unpaid leave
• authorised career or employment-related absence where permitted
• unexplained non-attendance

The immigration consequences depend on the nature, duration and reason for the absence.

Current sponsor rules contain specific provisions permitting certain periods of absence without normal salary where the relevant conditions are met. Other unpaid or prolonged absences can affect whether sponsorship may continue.

Employers should therefore establish which provision applies rather than treating all unpaid absence in the same way.

Unexplained absence can also engage the sponsor's reporting duties. HR absence procedures should identify sponsored workers so that potentially reportable events are escalated within the required timeframe.

6. When sponsored employment ends

The sponsor's responsibilities do not simply disappear when a sponsored worker resigns, is dismissed or otherwise leaves employment.

Where sponsorship ends earlier than expected, the sponsor will generally need to report the end of the employment through the Sponsor Management System within the applicable reporting period.

The report should accurately reflect why sponsorship has ended and the worker's final employment circumstances.

Situations can include:

• resignation
• dismissal
• redundancy
• the end of a fixed-term appointment
• the worker transferring to another employer
• the sponsor ceasing to sponsor the worker for another reason

Ending employment does not mean that the employer itself cancels the worker's immigration permission. The sponsor reports the relevant change to the Home Office. The Home Office then determines what action, if any, should be taken in relation to the individual's permission.

Employers should therefore avoid giving workers definitive assurances about how long their immigration permission will remain valid after sponsorship ends.

Employment law obligations also continue to apply. Sponsor status does not remove the need to follow appropriate contractual and employment procedures when dismissing, making redundant or otherwise terminating the employment of a sponsored worker.

7. Extending a sponsored worker's permission

Sponsored workers with time-limited immigration permission may need further sponsorship if the employer wants them to continue working beyond their existing period of permission.

Extension planning should begin well before the immigration expiry date.

The employer will need to consider the rules applying at the time of the new application rather than assuming that the requirements in force when the worker was originally recruited remain unchanged.

Relevant issues can include:

• whether the worker remains eligible under the route
• whether the role remains eligible
• the applicable occupation code
• current salary and going-rate requirements
• whether transitional provisions apply
• whether a new CoS is required
• the available Undefined CoS allocation where relevant
• Immigration Skills Charge liability
• visa and other application costs
• the timing of the new application
• the worker's longer-term immigration or settlement strategy

Immigration rules can change significantly during a worker's period of employment. An extension should therefore be treated as a fresh eligibility exercise rather than an automatic continuation of the original sponsorship.

Employers with larger sponsored populations can benefit from forward-looking expiry reports covering the next six to twelve months. This provides time to resolve occupation, salary, CoS allocation or immigration issues before the worker's permission approaches expiry.

8. Continued sponsorship and compliance

Managing sponsored workers is ultimately part of sponsor licence governance.

Individual worker sponsorship, HR administration and sponsor compliance should not operate as separate systems. Changes captured through ordinary employment processes need to reach the people responsible for the sponsor licence.

Effective arrangements commonly involve:

• clear ownership of sponsorship responsibilities
• central records of sponsored workers
• automated or scheduled immigration expiry monitoring
• manager escalation procedures
• HR checks before material employment changes
• coordination with payroll
• timely SMS reporting
• periodic review of sponsorship records
• training for relevant HR and management personnel

Organisational changes also need to be distinguished from worker-related events. While many reportable worker changes are subject to a 10-working-day reporting period, specified changes affecting the sponsoring organisation are commonly subject to a 20-working-day period. Different requirements can apply depending on the event, and sponsors should verify the applicable rule before relying on a general deadline.

For employers sponsoring at scale, these controls reduce dependence on individual knowledge and make it less likely that a routine business or HR decision will inadvertently create an immigration breach.

Detailed requirements relating to reporting, record keeping, key personnel, SMS management and Home Office compliance activity form part of the wider sponsor compliance framework. Employers should manage these through their sponsor licence governance arrangements rather than treating each worker's visa as an isolated immigration matter.

Failures in the sponsorship of an individual worker can also expose broader weaknesses in those arrangements. The next section considers the principal risks that can arise when worker sponsorship is incorrect or inadequately managed.

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Section H: Sponsorship Risks

Worker sponsorship exposes the employer to obligations that extend beyond the outcome of an individual visa application. The Home Office can scrutinise the sponsored role, the information recorded on the Certificate of Sponsorship, the worker's actual employment and the systems used by the organisation to manage sponsorship. An error involving one worker can also reveal wider weaknesses in the sponsor's processes and potentially place the sponsor licence at risk.

1. Sponsoring an ineligible role

A sponsor should only assign a Certificate of Sponsorship where the proposed role satisfies the requirements of the relevant immigration route.

Problems can arise where an employer:

• sponsors a role that does not meet the applicable skill or occupational requirements
• uses a job title that does not accurately reflect the work being undertaken
• constructs duties primarily to bring a position within an eligible occupation
• sponsors a position that does not genuinely exist within the organisation
• uses sponsorship for working arrangements that do not satisfy the relevant sponsor requirements

The Home Office can consider the substance of the employment rather than relying solely on the wording used by the sponsor.

Employers should therefore be able to demonstrate why the role exists, what the worker actually does, how the role fits within the organisation and why the occupation selected for sponsorship is appropriate.

Where concerns arise about whether the role is genuine or eligible, the implications can extend beyond the worker's application. The Home Office may consider whether the sponsor has properly understood and applied the sponsorship requirements more generally.

2. Incorrect occupation codes

Selecting the wrong occupation code can affect both the eligibility of the role and the salary requirements applying to the worker.

Occupation coding should be based on the worker's actual duties rather than the code producing the most advantageous immigration outcome.

Risk can arise where:

• the selected occupation does not correspond with the principal duties
• the employer relies excessively on the job title
• a lower salary requirement appears to have influenced the coding decision
• the worker's seniority is inconsistent with the occupation selected
• the role has changed but the original occupation code continues to be relied upon

The sponsor should retain sufficient information to explain the basis for its coding decision where the choice is not obvious from the job title alone.

Where the Home Office concludes that the wrong occupation has been used, the issue can affect the worker's immigration position and may also raise questions about the sponsor's wider approach to assigning Certificates of Sponsorship.

3. Salary errors

Salary is a common source of sponsorship risk because the immigration assessment can involve more than checking the worker's annual headline pay against a single threshold.

Depending on the route and worker, employers may need to consider the general salary requirement, occupation-specific going rate, working hours, permitted salary components, tradeable points and any relevant transitional or route-specific provisions.

Errors can arise where:

• the wrong salary threshold is applied
• the occupation going rate is overlooked
• working hours are incorrectly calculated
• payments that cannot be counted are included in the immigration salary calculation
• the worker's salary changes after sponsorship without immigration review
• payroll does not reflect the salary stated on the CoS
• a permitted salary reduction or absence provision is incorrectly applied

Employers should therefore retain a clear record of how the salary requirement was assessed when the worker was sponsored.

Salary should also remain under review during employment. A reduction that is contractually agreed with the employee can still affect immigration compliance if the revised arrangements no longer satisfy the sponsorship requirements and no permitted exception applies.

4. Incorrect information on the Certificate of Sponsorship

The Home Office relies on information supplied by licensed sponsors when determining sponsored work applications and monitoring sponsor compliance.

Material errors on a CoS can therefore have consequences beyond an administrative correction.

Particular risk can arise from inaccurate information concerning:

• the worker's identity
• job title
• occupation code
• job duties
• salary
• working hours
• work location
• employment dates
• the nature of the employment or assignment
• route-specific declarations

Employers should also consider consistency across the wider evidence. Information recorded on the CoS should not materially conflict with the employment contract, payroll arrangements, job description, organisational structure or information supplied elsewhere to the Home Office.

Where an error is discovered, the sponsor should determine the appropriate corrective action rather than assuming that a sponsor note will resolve every discrepancy.

5. Failure to report changes

Licensed sponsors are required to report specified worker and organisational changes to the Home Office.

Many reportable events relating to sponsored workers must be reported through the Sponsor Management System within 10 working days. Specified changes relating to the sponsoring organisation are commonly subject to a 20-working-day reporting period, although the applicable requirement should always be checked against the particular event.

Potentially reportable worker events can include changes involving:

• the worker failing to start as expected
• certain prolonged or unexplained absences
• changes to the sponsored employment
• changes to work location or working arrangements where reportable
• changes to salary where reporting is required
• the worker's employment ending earlier than expected

Organisational events can include specified changes to the sponsor's business, structure, ownership, address or other circumstances covered by the sponsor guidance.

The main operational risk is often not that the organisation deliberately decides against reporting. More commonly, the relevant event occurs within HR, payroll, management or another part of the business and the sponsor licence team does not learn about it until the reporting deadline has passed.

Effective sponsor governance therefore depends on internal escalation procedures as much as knowledge of the immigration rules.

6. Right to work failures

A sponsor licence does not protect an employer from illegal working liability.

The organisation still needs to carry out the prescribed right to work check and establish that the individual is permitted to undertake the employment offered.

Risk can arise where the employer:

• allows the worker to start before completing the required check
• relies on the existence of a CoS rather than verifying the worker's immigration permission
• fails to identify restrictions on the worker's employment
• does not conduct a required follow-up check for time-limited permission
• relies on obsolete physical immigration evidence instead of the prescribed checking process
• fails to retain evidence capable of establishing a statutory excuse

With immigration status now predominantly evidenced digitally, employers should ensure their procedures reflect the Home Office eVisa and online right to work system.

A right to work failure can expose the organisation to the separate illegal working enforcement regime as well as raising sponsor compliance concerns. The consequences can therefore extend beyond the individual employee.

7. Recovering prohibited sponsorship costs from workers

Employers should treat the recovery of immigration and sponsorship costs as a sponsor compliance issue rather than solely a contractual matter.

Current Home Office sponsor rules restrict sponsors from passing specified sponsor-side costs to sponsored workers. The Immigration Skills Charge must be borne by the sponsor, and restrictions also apply to the recovery of specified Certificate of Sponsorship and sponsor licence costs.

Risk can arise through:

• deductions from salary
• immigration clawback agreements
• repayment clauses in employment contracts
• separate recruitment agreements
• requiring the worker to make payments directly or indirectly towards prohibited sponsor costs

The existence of a contractual repayment clause does not override the sponsorship rules.

Where an employer funds worker-side immigration costs, such as visa application fees or the Immigration Health Surcharge, different considerations can apply. Employers should therefore identify precisely which costs are being recovered rather than using a single undifferentiated immigration repayment provision.

Passing prohibited sponsorship costs to a worker can lead to Home Office compliance action and, depending on the circumstances and applicable sponsor guidance, can place the sponsor licence at risk of revocation.

8. Home Office scrutiny

The Home Office can examine sponsor compliance at different stages of the sponsorship relationship.

Scrutiny may arise during:

• a sponsor licence application
• a request relating to the sponsor licence
• a Defined CoS request
• a worker's immigration application
• a Home Office compliance visit
• investigation of information received by the Home Office
• review of the sponsor's ongoing compliance

The Home Office may compare information held across different sources rather than considering each CoS in isolation.

An organisation should therefore expect its sponsorship information to be capable of comparison with matters such as:

• previous sponsor licence submissions
• Certificates of Sponsorship
• worker immigration applications
• payroll and employment records
• Companies House or other corporate information
• the organisation's website and publicly available information
• information obtained during a compliance visit

Material inconsistencies can require explanation even where they arose innocently.

Sponsors should therefore maintain accurate records and ensure that information supplied to the Home Office reflects the organisation's actual workforce and business arrangements.

9. Risk to the sponsor licence

Where the Home Office identifies sponsorship breaches, the consequences can extend beyond the worker directly involved.

Depending on the nature and seriousness of the issue, sponsor compliance action can include measures affecting the organisation's ability to continue sponsoring workers and, in more serious circumstances, suspension or revocation of the sponsor licence.

The commercial consequences can include:

• inability to sponsor planned recruits
• delayed international recruitment
• uncertainty for existing sponsored workers
• loss of key personnel
• management time being diverted to Home Office action
• disruption to projects or client commitments
• reputational concerns
• business continuity problems

The effect can be particularly serious for organisations that depend heavily on sponsored workers or operate in sectors where replacement recruitment is difficult.

Sponsor licence risk should therefore form part of the organisation's wider workforce risk management rather than being treated solely as an immigration administration issue.

10. What to do when a sponsorship problem is identified

Potential sponsorship breaches should be investigated promptly.

The appropriate response will depend on what has happened, whether the issue is continuing, whether the Home Office has already become involved and whether the problem affects one worker or indicates a wider systems failure.

An initial review should establish:

• what happened
• when it happened
• which worker or workers are affected
• which sponsorship requirement may have been breached
• whether a reporting deadline has been missed
• whether incorrect information has been supplied to the Home Office
• whether the worker's immigration status is affected
• whether the same problem could exist elsewhere in the sponsored workforce
• what immediate corrective action is available

Employers should avoid making unnecessary or inaccurate SMS reports simply because a potential issue has been discovered. The legal and factual position should first be established so that any corrective action or disclosure is accurate.

Where the issue could affect the validity of sponsorship, the worker's immigration position or the organisation's sponsor licence, early specialist advice can help the employer determine the appropriate response.

The strongest sponsorship systems are designed to prevent these problems before they arise. Clear role assessment, accurate CoS assignment, controlled sponsorship expenditure, compliant onboarding, effective monitoring and timely reporting turn sponsorship from a reactive visa process into a managed part of workforce governance.

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Frequently Asked Questions

1. How do I sponsor someone to work in the UK?

To sponsor a worker, the employer will usually need an appropriate sponsor licence covering the relevant immigration route. The employer then needs to identify the correct route, confirm that the proposed role is eligible, select the appropriate occupation code, check the applicable salary requirements and establish that the worker is capable of qualifying.

Once these checks have been completed, the employer assigns the appropriate Certificate of Sponsorship. The worker uses the CoS reference to make their immigration application. If permission is granted, the employer must complete the required right to work check before employment begins and continue to meet its sponsor duties throughout the sponsored employment.

2. Do I need a sponsor licence to employ an overseas worker?

Not necessarily. Sponsorship depends on the individual's immigration status and right to work rather than nationality alone.

An overseas national may already have permission allowing them to work without employer sponsorship, for example through settlement, status under the EU Settlement Scheme, dependant permission or another immigration route carrying suitable work rights.

Where the individual requires permission under a sponsored work route, the employer will generally need an appropriate sponsor licence before it can sponsor them.

3. Can a small business sponsor a worker?

Yes. There is no general requirement for an employer to be a large organisation before it can hold a sponsor licence or sponsor workers.

A smaller business still has to satisfy the Home Office requirements applicable to licensed sponsors and demonstrate that the proposed role and sponsorship are credible in the context of its operations.

The Home Office can consider matters such as the nature of the business, staffing structure, proposed role, salary and the organisation's ability to comply with its sponsor duties. Smaller employers should therefore ensure that the proposed position can be properly explained and supported.

4. What is a Certificate of Sponsorship?

A Certificate of Sponsorship is an electronic sponsorship record assigned by a licensed employer through the Sponsor Management System.

It contains information about the worker and proposed employment, including matters such as the immigration route, occupation code, job, salary and employment dates. Once assigned, it generates a reference number which the worker uses when making their immigration application.

A CoS does not itself constitute a visa or give the worker permission to work.

5. What is the difference between a Defined and Undefined CoS?

A Defined Certificate of Sponsorship is required for a Skilled Worker applying from outside the UK.

Undefined Certificates of Sponsorship are generally used for Skilled Worker applications made from within the UK and for sponsored routes where the Defined CoS system does not apply.

Defined CoS are requested for the particular proposed Skilled Worker sponsorship. Undefined CoS are assigned from the sponsor's available allocation.

6. How much does it cost to sponsor a worker?

The total cost depends on the immigration route, length of sponsorship, employer size and the worker's circumstances.

Potential costs include the Certificate of Sponsorship fee, Immigration Skills Charge where applicable, visa application fee, Immigration Health Surcharge where applicable, priority services, professional fees and relocation costs.

The current Worker Certificate of Sponsorship fee is £525. Where the Immigration Skills Charge applies, the current charge is £480 for the first 12 months and £240 for each additional six months for a small or charitable sponsor, or £1,320 for the first 12 months and £660 for each additional six months for a medium or large sponsor.

Home Office fees can change, so current rates should be checked when sponsorship is being planned.

7. Who pays the Immigration Skills Charge?

The sponsoring employer must pay the Immigration Skills Charge where it applies.

The charge cannot be passed on to the sponsored worker. Employers should not seek reimbursement through salary deductions, contractual repayment provisions or separate immigration clawback arrangements.

Failure to comply with restrictions on recovering sponsor-side costs can lead to Home Office compliance action and can place the sponsor licence at risk.

8. How long does it take to sponsor a worker?

There is no single sponsorship timeframe. The overall process depends on the employer's starting position and the worker's circumstances.

An organisation that does not yet hold a sponsor licence will normally need to obtain one before assigning sponsorship. Existing sponsors may need to obtain a Defined CoS or additional Undefined CoS allocation before proceeding.

Once the CoS is assigned, the worker must make the immigration application and wait for a Home Office decision. Processing times vary by route, application location and service used.

Employers should therefore plan the complete process rather than treating the published visa processing time as the total recruitment timeframe.

9. Can I sponsor someone who is already in the UK?

Potentially. A person already in the UK may be able to switch into a sponsored work route or extend existing sponsored permission, depending on their current immigration status and the rules of the proposed route.

Not every immigration category permits an in-country switch. The worker's current status should therefore be checked before a CoS is assigned.

The employer should also establish whether the worker is currently permitted to undertake the proposed employment. Making a sponsored immigration application does not automatically give the individual permission to start a new sponsored role while the application is pending.

10. Can I sponsor a worker without advertising the job?

The Skilled Worker route does not generally impose the former Resident Labour Market Test that historically required sponsors to advertise many vacancies in a prescribed way before sponsorship.

However, removal of that test does not mean recruitment evidence is irrelevant. The sponsor must still be able to support the existence and nature of the role and comply with the applicable sponsor record-keeping requirements.

The Home Office can scrutinise whether the role is eligible and genuine and whether the occupation code and sponsorship arrangements accurately reflect the employment.

11. How long does a Certificate of Sponsorship last?

Once assigned, a Certificate of Sponsorship must generally be used by the worker to make their immigration application within three months.

The worker must also comply with the rules governing how far in advance of the proposed employment start date an application can be made.

Employers should therefore coordinate CoS assignment with the worker's intended application date rather than assigning sponsorship substantially earlier than necessary.

12. Can a sponsored worker change jobs?

A sponsored worker can potentially change jobs, but the immigration consequences depend on what is changing.

A change in job title alone may not require a new application where the underlying role remains materially the same. A change into a different occupation or materially different sponsored role can require a new Certificate of Sponsorship and a change of employment application before the worker begins the new role.

Employers should assess the immigration position before implementing the change.

13. Can I promote a sponsored worker?

Yes, sponsored workers can be promoted, but the employer should check the immigration implications before the promotion takes effect.

The assessment should consider the new duties, occupation code, salary and whether the worker remains within the scope of their existing sponsorship.

Where the promotion results in a change that requires fresh sponsorship or a new immigration application, the required process should be completed before the worker starts the new role.

14. Can I reduce a sponsored worker's salary?

Potentially, but salary reductions require careful assessment.

The worker must continue to satisfy the applicable sponsorship and immigration requirements unless a specific permitted provision applies. The sponsor rules contain provisions addressing certain salary reductions and periods of absence, but employers should identify the relevant rule before implementing the change.

A salary reduction may also need to be reported to the Home Office. Agreement between employer and employee does not override the immigration requirements.

15. What happens if a sponsored worker does not start on the expected date?

A delayed start should be reviewed against the current sponsor guidance.

There are circumstances in which a later start can be accommodated, but sponsors are subject to requirements concerning delayed starts and reporting. The employer should establish why the worker has not started, record the position and make any required SMS report within the applicable timeframe.

A substantial delay should not simply be treated as an informal change to the recruitment timetable.

16. Can a worker start as soon as I assign the CoS?

No. Assigning a Certificate of Sponsorship does not itself give the individual permission to undertake the sponsored employment.

The worker must have immigration status permitting them to undertake the proposed work. The employer must also complete the prescribed right to work check before employment begins.

Particular care is required where someone already in the UK has submitted an application but has not yet received a decision. Whether they can work while the application is pending depends on their existing immigration permission and the circumstances of the application.

17. What if the worker's visa is refused?

The employer and worker should first establish why the application was refused.

The appropriate response may involve correcting an evidential issue, making a fresh application, reviewing or replacing the Certificate of Sponsorship, or considering whether administrative review or another legal remedy is available.

There is no universal appeal right for every sponsored work visa refusal. The available remedy depends on the decision and the legal basis on which it may be challenged.

Where the refusal raises concerns about the role, salary, occupation code or sponsor information, the employer should also consider whether the issue has wider implications for its sponsor licence.

18. What happens if a sponsored worker resigns or is dismissed?

The sponsor will generally need to report the early end of sponsored employment to the Home Office through the Sponsor Management System within the applicable reporting period, commonly within 10 working days for the relevant worker event.

The employer does not itself cancel the worker's immigration permission. The Home Office determines whether and when the individual's permission should be cancelled following the end of sponsorship.

Normal employment law and contractual obligations continue to apply when sponsored employment ends.

19. Does sponsorship end once the worker gets their visa?

No. Sponsorship continues throughout the relevant sponsored employment.

The employer remains responsible for complying with its sponsor duties, including applicable record-keeping, monitoring and reporting requirements.

Changes involving the worker's salary, duties, work location, absence or employment can require immigration review and, in some cases, Home Office reporting or fresh sponsorship.

20. What happens if we get sponsorship wrong?

The consequences depend on the nature and seriousness of the problem.

An error can result in delay or refusal of the worker's immigration application. Problems identified after employment begins can affect the worker's immigration position and expose the organisation to sponsor compliance action.

More serious or systemic breaches can place the sponsor licence at risk, including potential suspension or revocation. Right to work failures can also expose an employer to the separate illegal working enforcement regime.

Where a potential breach is identified, employers should establish the facts, assess whether any reporting or corrective action is required and consider whether the issue could affect other sponsored workers or the wider sponsor licence.

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Conclusion

Sponsoring a worker involves considerably more than holding a sponsor licence and assigning a Certificate of Sponsorship. The employer needs to connect a genuine recruitment or workforce requirement with the correct immigration route, an eligible role, the appropriate occupation code, compliant salary arrangements and a worker who is capable of meeting the requirements of that route.

Much of the risk can be controlled before sponsorship is assigned. Employers should confirm that their sponsor licence covers the required route, assess the role and working arrangements, establish the applicable salary requirements, check the worker's circumstances and make sure the information entered on the Certificate of Sponsorship accurately reflects the proposed employment.

Cost and timing also need to form part of the recruitment decision. Sponsorship can involve the Certificate of Sponsorship fee, Immigration Skills Charge, worker visa costs, Immigration Health Surcharge and other expenditure associated with the immigration and relocation process. Employers must distinguish between worker-side immigration costs they choose to fund and sponsor-side costs which the Home Office requires the sponsor to bear and prohibits from being passed to the sponsored worker.

Assignment of the CoS is not the end of the process. The worker still has to make a valid immigration application and obtain permission allowing them to undertake the proposed employment. Before the individual starts work, the employer must complete the prescribed right to work process and ensure that the actual job, salary, duties and working arrangements correspond with the basis on which sponsorship was granted.

Responsibilities continue throughout the sponsored employment. Changes to salary, duties, occupation, work location, working arrangements, absence or employment status can engage the sponsor rules. Reportable worker events commonly need to be notified through the Sponsor Management System within 10 working days, while specified changes affecting the sponsoring organisation are commonly subject to a 20-working-day reporting period. The precise requirement should always be checked against the event concerned.

For organisations sponsoring internationally at scale, these obligations make sponsorship a workforce governance issue rather than simply a visa process. Recruitment, HR, payroll, line management and the personnel responsible for the sponsor licence need to operate within a connected system capable of identifying immigration issues before recruitment decisions or employment changes are implemented.

Effective sponsorship therefore follows a managed lifecycle:

Recruitment need → immigration route → role and salary assessment → Certificate of Sponsorship → worker immigration application → right to work → employment → monitoring and reporting → extension, change or termination

Weakness at any stage can affect the worker's immigration position and, where breaches are serious or systemic, expose the organisation's sponsor licence to Home Office compliance action. Employers that depend on sponsored workers should therefore treat the licence and the processes operating beneath it as part of their wider workforce risk and business continuity arrangements.

DavidsonMorris advises employers across the sponsorship lifecycle, including sponsor licence applications, assessment of proposed roles and immigration routes, Certificates of Sponsorship, Skilled Worker and specialist work routes, sponsorship costs, right to work compliance and the management of sponsored workers. We also support sponsors responding to compliance concerns, Home Office scrutiny and enforcement action affecting their licence.

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Glossary

Licensed sponsorAn organisation that has been approved by the Home Office to sponsor workers under one or more sponsored immigration routes.Occupation codeThe occupational classification used to identify the type of work being undertaken.Genuine role or vacancyA real position that meets the requirements of the relevant sponsored route and has not been created, exaggerated or structured primarily to facilitate an immigration application.Genuine intentionA requirement relevant to certain sponsored work applications concerning whether the applicant genuinely intends to undertake the role for which they are being sponsored and does not intend to work in a way that falls outside the conditions of the route.Sponsored workerAn individual whose employment or assignment is supported by a licensed sponsor under a sponsored immigration route.Sponsor licence suspensionHome Office action that can temporarily restrict a sponsor's ability to use its licence while compliance concerns are investigated or addressed.

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Useful Links & Resources

The following resources provide further guidance on sponsoring workers, sponsor licence management and the immigration requirements applying to sponsored employment. Home Office guidance and the Immigration Rules are updated regularly, so employers should check the current version when making sponsorship decisions.

1. Home Office sponsor guidance

Workers and Temporary Workers: Part 3 – Sponsor Duties and ComplianceHome Office guidance on sponsor duties, reporting obligations, compliance requirements, Home Office checks and action that can be taken where a sponsor fails to comply.Sponsor Guidance Appendix D: Keeping RecordsDetailed Home Office requirements concerning the documents and records sponsors are expected to retain in relation to sponsored workers and their sponsor licence.

2. Certificates of Sponsorship and sponsor management

3. Skilled Worker and specialist sponsored routes

4. Sponsorship costs

GOV.UK: Immigration Health SurchargeGovernment guidance on the Immigration Health Surcharge, including the amount payable and how the charge is calculated where it applies.

5. Right to work

6. DavidsonMorris employer guidance

For employers, worker sponsorship is best understood as a continuous process rather than a single immigration application:

Recruitment → sponsorship → immigration permission → right to work → employment → monitoring → reporting → extension, change or termination.

Each stage can affect the next. Employers that build immigration checks into recruitment, HR and workforce management are better placed to sponsor workers efficiently while protecting their sponsor licence and maintaining business continuity.

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