Recruiting International Workers

Recruiting international workers can give UK employers access to skills, experience and talent that may be difficult to source within the domestic workforce. It can also bring immigration requirements into the recruitment process, particularly where the individual needs employer sponsorship to work in the UK.

International recruitment does not necessarily mean sponsorship. Some overseas nationals already have immigration status that allows them to work in the UK without being sponsored by their employer, subject to the conditions attached to that status. Others will need to qualify under a sponsored work route, requiring the organisation to hold a sponsor licence covering the relevant route and the proposed employment to meet the applicable immigration requirements.

Employers therefore need to consider both the role and the worker. The job may need to satisfy requirements relating to occupation, skill level and salary, while the individual must separately meet the eligibility requirements of the immigration route they intend to use. Where sponsorship is required, the employer will also need to follow the sponsorship process correctly before the worker can apply for immigration permission.

Timing is another important consideration. Sponsor licensing, worker sponsorship and immigration processing can affect when a new recruit is able to start work. Employers should identify these requirements early enough to avoid making offers that cannot be implemented, agreeing unrealistic start dates or allowing an individual to begin work before the necessary immigration permission and right to undertake the specific employment have been established.

Once the worker is employed, further obligations can apply. Sponsors are responsible for complying with their sponsor duties, while all UK employers remain responsible for preventing illegal working through compliant right to work checks.

What this article is about

This guide explains how UK employers can recruit international workers, from assessing whether sponsorship is needed and selecting an appropriate immigration route through to checking the role and salary, sponsoring the worker, managing costs and timescales, completing right to work checks and understanding the compliance responsibilities that follow recruitment.

It is intended to help employers understand the international recruitment process as a whole, while the specialist guides linked throughout provide more detailed guidance on individual immigration routes, sponsor licensing, sponsorship and compliance.

Section A: How to Recruit International Workers in the UK

UK employers can recruit international workers either by employing individuals who already have immigration permission allowing them to undertake the proposed work, or by recruiting workers who need to obtain permission under an appropriate work immigration route. Where the chosen route requires sponsorship, the employer will usually need to hold a sponsor licence covering the relevant route before it can sponsor the worker.

The immigration process should be considered alongside the recruitment process from an early stage. Before committing to a candidate, the employer should understand the proposed role, the individual’s current immigration position and whether the job and worker are capable of meeting the requirements of an available immigration route.

For a typical international recruitment, the employer will need to consider the following:

1. Define the role — establish the duties, responsibilities, working arrangements, location, salary and intended start date.
2. Check the worker’s immigration position — determine whether the individual already has permission to undertake the proposed work or needs new immigration permission.
3. Identify the appropriate immigration route — consider which work route fits the role, recruitment circumstances and candidate.
4. Check the job is eligible — where sponsorship is required, establish whether the occupation and role meet the requirements of the relevant route.
5. Check the salary — confirm that the proposed remuneration satisfies any applicable minimum salary and going rate requirements.
6. Check the worker is eligible — establish whether the candidate can meet the personal requirements of the intended immigration route.
7. Confirm the employer can sponsor — where sponsorship is required, check that the organisation holds a sponsor licence covering the relevant route or allow time to apply for the necessary permission.
8. Sponsor the worker — complete the relevant sponsorship process, which can include assigning a Certificate of Sponsorship and paying applicable sponsorship charges.
9. Allow the worker to obtain immigration permission — the worker will generally need the required permission before commencing the sponsored employment.
10. Complete the right to work check — carry out the prescribed check before employment starts and retain the required evidence.
11. Manage ongoing compliance — where the worker is sponsored, the employer will assume continuing duties relating to their sponsorship.

The precise process will depend on the worker’s circumstances. An individual who already holds immigration permission allowing unrestricted or sufficiently broad employment may require no sponsorship at all, subject to the conditions of their status. At the other end of the process, an employer recruiting directly from overseas may need to obtain a sponsor licence, sponsor the worker and wait for an entry clearance application to be decided before the individual can travel to the UK to take up the role.

1. International recruitment does not always mean sponsorship

One of the most important distinctions for employers is between recruiting an international worker and recruiting a sponsored worker.

Nationality alone does not determine whether sponsorship is required. What matters is the individual’s immigration status and whether that status permits the particular work being offered.

Some individuals may have settled status, indefinite leave or another form of immigration permission that allows them to work without being tied to a sponsoring employer. Others may have permission that allows employment but imposes conditions or restrictions. A candidate who requires sponsored immigration permission will involve a different recruitment process.

Employers should therefore avoid assuming either that every overseas national needs sponsorship or that an individual already living in the UK can automatically undertake the proposed work.

2. Assess the role and worker separately

International recruitment involves two related but distinct assessments.

First, the role has to work from an immigration perspective. For sponsored recruitment, this can involve determining whether the occupation is eligible, identifying the appropriate occupation code, checking the required skill level and establishing whether the proposed salary satisfies the applicable rules.

Second, the worker has to qualify. Depending on the immigration route, the individual may need to satisfy requirements relating to matters such as English language ability, immigration status and other route-specific criteria.

A suitable candidate does not make an otherwise ineligible role sponsorable. Equally, an eligible role does not guarantee that a particular candidate will qualify for immigration permission.

Both sides of the assessment should therefore be completed before the employer becomes commercially committed to the recruitment.

3. Build immigration into the recruitment timetable

Immigration requirements can materially affect how quickly an international worker can join the organisation.

An employer that already holds a sponsor licence covering the relevant route may be able to proceed directly to the worker sponsorship stage once the role and candidate have been assessed. An organisation without the required licence will need to factor the sponsor licence process into its recruitment planning.

The worker may then need to make an immigration application and wait for a decision. Recruiting directly from overseas can also involve travel, relocation and practical onboarding considerations.

Employers should work backwards from the required start date and identify the immigration steps that must be completed before employment can lawfully begin. Where the recruitment is business-sensitive or time-sensitive, doing this at the outset can help determine whether the preferred candidate and immigration route can meet the organisation’s operational requirements.

 

 

↑ Back to top

Section B: Planning International Recruitment

International recruitment is more effective when immigration requirements are considered as part of workforce planning rather than after a candidate has been selected. Employers should understand why the role is being recruited, what the employment will involve, whether international candidates are likely to require immigration permission and how those requirements affect the intended start date.

Early planning can also help employers determine whether sponsorship is commercially appropriate. The cost and administration associated with sponsored recruitment may be justified for a strategically important or difficult-to-fill vacancy, but the organisation should understand those implications before making commitments to candidates.

1. Define the workforce requirement

The starting point should be the underlying workforce need.

Employers should establish why the vacancy exists, what capability the organisation requires and whether the recruitment is intended to address a permanent, temporary or project-specific requirement.

Relevant considerations can include:

• the skills or experience required;
• whether the role is permanent or temporary;
• where the worker will be based;
• how the role fits within the existing organisational structure;
• the proposed salary and employment package;
• the required start date;
• whether similar recruitment is likely to be required in future; and
• whether the individual is being recruited into the UK workforce or transferred or assigned from an overseas organisation.

The distinction between recruitment and an international assignment can be particularly important. A business recruiting an individual into its UK workforce may need a different immigration route from an international group temporarily transferring an existing overseas employee to the UK.

Understanding the commercial purpose of the appointment helps determine which immigration options should be considered and whether the proposed recruitment can be structured appropriately.

2. Define the role and employment terms

The proposed employment should be sufficiently developed to allow an immigration assessment to be carried out.

For sponsored recruitment, the Home Office requirements can depend on the substance of the job rather than the employer's preferred job title. Employers should therefore have a clear description of the duties, responsibilities and seniority of the role before determining whether sponsorship is available.

Key information should include:

• job title;
• principal duties and responsibilities;
• required skills and experience;
• reporting lines;
• position within the organisational structure;
• salary and other relevant remuneration;
• weekly working hours;
• principal work location;
• contract duration where relevant; and
• proposed employment start date.

These details can affect occupation classification, job eligibility, salary requirements and the information ultimately recorded through the sponsorship process.

Employers should avoid attempting to reshape a vacancy artificially simply to make it fit an immigration route. The sponsored role should reflect the genuine employment that the worker will undertake in practice.

3. Consider immigration requirements during recruitment

Immigration feasibility should be considered early enough to influence the recruitment process.

Where international candidates are being considered, recruiters and hiring managers should know when to establish whether a candidate already has permission to work in the UK or may require sponsorship.

The objective is not to exclude candidates merely because immigration considerations arise. Recruitment practices should remain consistent with applicable discrimination law. Instead, the organisation should have a consistent process for identifying the immigration steps that may be required for the successful candidate.

Questions for the employer can include:

• Does the candidate already have permission to undertake the proposed work?
• Is that permission permanent or time limited?
• Are there restrictions on the work they can undertake?
• If sponsorship is required, is there an appropriate immigration route?
• Is the proposed job eligible under that route?
• Does the salary meet the applicable requirements?
• Does the organisation hold a sponsor licence covering the relevant route?
• Does the candidate appear capable of meeting the worker requirements?

Where immigration permission remains outstanding, employers should also consider how the offer and contractual documentation are structured. It may be appropriate for employment to be conditional upon the individual obtaining and maintaining the necessary immigration permission and demonstrating the right to undertake the proposed work.

Immigration conditions should be drafted and applied carefully, taking account of both immigration and employment law considerations.

4. Plan around the required start date

The business may know when it wants the worker to start, but the immigration process will determine when the individual can lawfully begin the proposed employment.

The recruitment timetable should therefore account for each immigration stage that may be required.

For a worker requiring sponsorship, this can include:

1. assessing the role and worker;
2. obtaining a sponsor licence if the employer does not already hold the required authorisation;
3. obtaining and assigning the appropriate Certificate of Sponsorship;
4. preparing and submitting the worker's immigration application;
5. waiting for the Home Office decision;
6. allowing for travel and relocation where the worker is overseas; and
7. completing the required right to work check before employment starts.

Additional time may be required where the Home Office requests further information, conducts compliance checks or where the worker needs to obtain supporting evidence before making their application.

Priority services may be available for certain stages or applications, subject to eligibility and service availability, but employers should not build a recruitment plan on the assumption that expedited processing will necessarily be available.

For strategically important vacancies, employers should also consider the operational consequences of delay. Temporary cover, project dependencies, notice periods and relocation arrangements can all affect the practical recruitment timetable.

Planning international recruitment around the complete immigration journey gives the employer a more realistic view of when the worker can start and reduces the risk of recruitment decisions being undermined by immigration requirements identified too late.

↑ Back to top

Section C: Does the Worker Need Sponsorship?

Not every international worker needs to be sponsored by their employer. The requirement for sponsorship depends on the individual’s immigration status and whether that status permits them to undertake the proposed employment in the UK.

Some candidates already have immigration permission that allows them to work without employer sponsorship, subject to the conditions attached to their status. Others will need new immigration permission under a sponsored work route before they can take up the role.

Employers should establish the worker’s immigration position early in the recruitment process. Sponsorship can affect the immigration route, cost, timetable and employer responsibilities associated with the appointment.

1. Workers who already have permission to work

An international worker does not require sponsorship merely because they are not a British citizen.

Depending on their individual circumstances and the conditions attached to their immigration status, workers who may be able to undertake employment without employer sponsorship can include people with:

• indefinite leave to remain or another form of settlement;
• qualifying status under the EU Settlement Scheme;
• certain family or dependant immigration permissions;
• Graduate route permission;
• other immigration permission providing an independent right to undertake the proposed work; or
• another form of status that permits the particular employment without sponsorship.

British and Irish citizens do not require immigration sponsorship to work in the UK.

The precise conditions of the individual’s status should always be checked. An immigration category should not be assumed to provide unrestricted employment rights simply because workers holding that type of permission can commonly work in the UK.

Some forms of immigration permission are time limited or carry restrictions affecting the type, duration or amount of work the individual can undertake. The employer therefore needs to establish not only that the person has immigration permission, but that their permission allows the specific employment being offered.

Where the worker can undertake the role without sponsorship, the employer does not need to use its sponsor licence merely because the individual is an international recruit.

The employer must still complete the appropriate right to work check before employment begins.

2. Workers who require new immigration permission

A candidate may require new immigration permission before they can take up the proposed employment.

This can arise where the individual is being recruited directly from overseas or where someone already in the UK does not have existing permission that allows them to undertake the new role.

Where the appropriate immigration route requires sponsorship, the employer will need to establish that:

• the organisation holds a sponsor licence covering the relevant route or is able to obtain one;
• the proposed job is eligible for sponsorship;
• the correct occupation classification has been identified;
• the proposed salary satisfies the applicable requirements;
• the worker appears capable of meeting the personal requirements of the route; and
• the employer can complete the required sponsorship process.

The Skilled Worker route is the principal sponsored route used by UK employers for many international recruits. The Health and Care Worker route forms part of the Skilled Worker framework for qualifying health and care employment, while other sponsored routes can apply to particular business, specialist or temporary circumstances.

Sponsorship does not itself give the worker immigration permission. It enables the individual to make the relevant sponsored immigration application. The worker must then obtain the permission required to undertake the proposed employment.

3. Immigration conditions and restrictions

A worker can have lawful immigration status in the UK without having an unrestricted right to undertake any employment.

Employers should therefore consider the conditions attached to the candidate’s particular status.

For example, international students can have permission to work subject to restrictions that may include limits on working hours during specified periods and restrictions on particular types of employment. The employer should check the conditions applying to the individual rather than relying on a general assumption about Student permission.

A sponsored worker employed by another organisation presents a different issue. Existing sponsored permission is generally connected to the employment for which that permission was granted. Recruiting the worker into a new sponsored role can therefore require new sponsorship from the recruiting employer and a new immigration application.

A sponsored worker changing employer must not normally begin the new sponsored employment until the required new immigration permission has been granted, subject to any specific provision of the Immigration Rules that permits otherwise.

Time-limited immigration permission also requires consideration. A candidate may be able to start employment without sponsorship under their existing status but require another immigration route later if the employer intends to retain them beyond the expiry of that permission.

Recruitment planning should therefore consider both the worker’s immediate ability to take up the role and, where relevant, the longer-term immigration position.

4. Establish the immigration position before recruitment proceeds

Employers should establish the candidate’s immigration position before becoming commercially committed to an appointment that depends on sponsorship or a new immigration application.

The initial assessment should identify:

• the candidate’s current nationality and immigration status where relevant to the immigration assessment;
• the conditions attached to their existing permission;
• whether the existing permission allows the proposed work;
• when the existing permission expires;
• whether employer sponsorship is required;
• whether the candidate needs to make a new immigration application; and
• when the individual can lawfully begin the proposed employment.

Employers should distinguish carefully between the question of sponsorship and the question of right to work.

Sponsorship concerns whether an employer needs to support the worker under a sponsored immigration route. A right to work check is the prescribed process through which the employer establishes whether an individual is permitted to undertake the employment being offered and, where the applicable requirements are met, obtains a statutory excuse against liability for a civil penalty for illegal working.

Holding a sponsor licence does not remove the employer’s right to work obligations. Equally, assigning a Certificate of Sponsorship does not establish the worker’s right to start employment.

Establishing the immigration position at the outset allows the employer to determine whether sponsorship is required and, if it is, to build the necessary immigration process into the recruitment timetable before agreeing a realistic start date.

↑ Back to top

Section D: Choosing the Right Immigration Route

Where an international worker needs new immigration permission, the employer should identify the immigration route that properly reflects the proposed employment and the worker’s circumstances.

The appropriate route can depend on the nature of the role, the relationship between the worker and the employer, whether the individual is being recruited into the UK workforce or transferred from an overseas organisation, the expected duration of the employment and whether the worker already holds UK immigration permission.

Employers should avoid approaching route selection simply as a search for the easiest or least expensive visa. Each route has its own purpose and eligibility requirements. The immigration arrangements should correspond with the commercial reality of the employment.

1. Skilled Worker

The Skilled Worker route is the principal sponsored work route used by UK employers recruiting international workers into eligible roles.

Where the route is appropriate, the employer will need to hold a sponsor licence covering Skilled Worker sponsorship and assign the worker a Certificate of Sponsorship.

The recruitment will also need to satisfy requirements relating to matters including:

• the eligibility of the job;
• the appropriate occupation code;
• the applicable skill requirements;
• the salary being offered;
• the occupation-specific going rate;
• the genuineness of the vacancy; and
• the worker’s own eligibility for the route.

The worker must then make the relevant immigration application and obtain the required permission for the sponsored employment.

Skilled Worker sponsorship can be used for long-term recruitment and is not limited to workers being brought into the UK for the first time. It can also be relevant when recruiting someone who is already in the UK under another immigration route or when a Skilled Worker moves from one sponsoring employer to another.

The employer should assess the requirements applicable at the relevant sponsorship and application stage rather than relying on the immigration arrangements used for a previous recruit. Occupation eligibility, salary requirements and other provisions can change.

Once the worker starts employment, the organisation will have continuing sponsor duties in relation to the sponsored worker.

2. Health and Care Worker

The Health and Care Worker route forms part of the Skilled Worker route and applies to qualifying workers undertaking specified health and care employment.

It uses the Skilled Worker sponsorship framework, meaning the employer and proposed employment must satisfy the relevant sponsorship requirements. Additional conditions determine whether the particular worker and role qualify for Health and Care Worker treatment.

For eligible applicants, the route can provide immigration cost advantages, including specific application fee treatment and exemption from the Immigration Health Surcharge.

Employers should not assume that every role within the health or social care sector qualifies. Eligibility depends on the applicable occupation and route requirements, and additional restrictions apply to certain adult social care sponsorship.

Where an employer is recruiting into health or care roles, the proposed employment should therefore be assessed against the current Health and Care Worker requirements before sponsorship proceeds.

3. Business and specialist work routes

Skilled Worker is not the only sponsored immigration option available to employers. Other routes can apply where the purpose of the worker’s presence in the UK is connected with an international business arrangement, specialist assignment or other defined activity.

The Global Business Mobility framework includes routes for specified forms of international business mobility, including:

• Senior or Specialist Workers;
• Graduate Trainees;
• UK Expansion Workers;
• Service Suppliers; and
• Secondment Workers.

These routes are designed for particular forms of international business activity. They should not be treated as general alternatives where an ordinary UK recruitment does not satisfy the Skilled Worker requirements.

For example, an international group transferring an existing employee to its UK operation may present a materially different immigration scenario from a UK employer recruiting an unrelated candidate from the overseas labour market.

Other sponsored routes can apply to temporary, creative, religious, charitable, sporting or other specified work depending on the nature of the activity and the worker’s circumstances.

Route selection should therefore begin with the commercial purpose of the worker’s engagement. Employers should establish whether they are genuinely recruiting someone into the UK workforce, facilitating an intra-group assignment, receiving a worker under an international commercial arrangement or engaging an individual for another defined temporary or specialist purpose.

A route should not be used merely because its requirements appear more favourable. The proposed employment and underlying arrangement must fall within the purpose and requirements of that route.

4. Routes not requiring employer sponsorship

Some international workers can be recruited without the employer sponsoring them at all.

Depending on the individual circumstances and the conditions attached to the person’s immigration status, this can include workers with:

• indefinite leave to remain or another qualifying form of settlement;
• qualifying status under the EU Settlement Scheme;
• certain family or dependant immigration permissions;
• Graduate route permission; or
• another immigration status providing an independent right to undertake the proposed employment.

Other immigration routes can also provide work rights without tying the individual to a particular sponsoring employer. The precise conditions attached to the worker’s status should always be checked rather than assuming that an immigration category provides unrestricted permission to work.

Recruiting a worker who does not require sponsorship can remove the need for the employer to assign a Certificate of Sponsorship or incur the sponsorship costs associated with that appointment. It does not remove the requirement to establish the individual’s right to undertake the proposed work before employment begins.

The duration of the worker’s permission should also be considered. An individual may be employable without sponsorship when recruited but hold time-limited immigration permission. If the organisation intends to retain the worker beyond that period, another immigration route may eventually be required.

The appropriate immigration route should therefore be determined by the facts of the recruitment and the worker’s actual immigration position. Employers should identify the route that properly supports the intended employment rather than attempting to fit the recruitment into an immigration category that was designed for a different purpose.

↑ Back to top

Section E: Is the Job Eligible for Sponsorship?

Where an employer intends to recruit an international worker under a sponsored route, it is not enough for the organisation to hold a sponsor licence or for the candidate to be suitable for the vacancy. The proposed job must itself meet the requirements of the relevant immigration route.

For Skilled Worker recruitment, this requires the employer to identify the occupation into which the role falls and establish whether that occupation is eligible under the Immigration Rules in force at the relevant time. The employer must also consider the applicable salary requirements and whether the vacancy represents genuine employment at the required level.

The assessment should be based on the role the worker will actually perform. Job titles, internal grading systems or recruitment terminology cannot be used to convert an otherwise ineligible position into an eligible sponsored role.

1. Eligible occupations

Sponsored work routes restrict the types of jobs for which workers can be sponsored. Under the Skilled Worker route, the employer needs to identify the occupation classification that most accurately reflects the proposed employment and determine whether the occupation is eligible under the rules applicable to the worker.

The assessment should consider the substance of the role, including:

• the principal duties and responsibilities;
• the level at which the worker will operate;
• the skills and experience required;
• the worker’s position within the organisation;
• reporting responsibilities;
• the salary and working arrangements; and
• how the role fits within the employer’s business activities.

An employer should not assume that a vacancy is eligible simply because another organisation sponsors workers with a similar job title. Roles carrying the same title can involve materially different duties, responsibilities and levels of seniority.

Occupation eligibility can also change as the Immigration Rules and associated occupation provisions are amended. Employers recruiting internationally should therefore check the requirements in force for the proposed sponsorship rather than relying on an occupation assessment carried out for an earlier recruitment.

2. Choosing the correct occupation code

The occupation code is an important part of sponsored recruitment. It identifies the occupational classification under which the worker is being sponsored and can affect both job eligibility and the salary requirements that apply.

The correct code should be selected by reference to the actual job rather than the outcome the employer would prefer to achieve under the immigration rules.

Relevant factors can include:

• the worker’s principal duties;
• the responsibilities attached to the position;
• the level and nature of the work;
• the employer’s job description;
• the worker’s place within the organisational structure; and
• the occupation descriptions and coding information applicable to the sponsorship route.

Job title alone should not determine the classification. An employer may use an internal title that is broader, narrower or different from the terminology used within the occupation classification system.

Employers should also avoid selecting an occupation code simply because it has a more favourable salary requirement or sponsorship outcome. Where the Home Office considers that the selected code does not properly describe the role, this can affect the worker’s immigration application and can raise questions about the sponsor’s approach to sponsorship.

The employer should be able to explain why the selected occupation code accurately reflects the employment being offered. The job description, salary, organisational position and information recorded on the Certificate of Sponsorship should form a coherent account of the role.

3. Skill requirements

Job eligibility under a sponsored route is not the same as assessing whether the preferred candidate is sufficiently skilled or experienced to perform the role.

The employer will ordinarily assess the candidate’s suitability through its recruitment process, considering matters such as qualifications, experience, professional capability and performance at interview.

The immigration assessment asks a different question: whether the proposed employment falls within an occupation and level that can qualify under the relevant immigration route.

A highly qualified candidate cannot make an ineligible job eligible for sponsorship. Equally, a job can fall within an eligible occupation even though a particular candidate does not have the experience or qualifications the employer requires for the vacancy.

Where the immigration route or occupation imposes specific qualification, professional registration or other requirements, these will also need to be considered. Employers operating in regulated sectors should distinguish immigration eligibility from any separate professional or regulatory authorisation required before the worker can perform the role.

Both the immigration eligibility of the job and the employer’s assessment of the candidate should therefore be completed before sponsorship proceeds.

4. Genuine vacancies and genuine employment

A sponsored role should represent genuine employment within the sponsoring organisation.

The Home Office can scrutinise whether a vacancy genuinely exists, whether the role has been accurately described and whether the organisation has a credible requirement for the sponsored worker.

Risk can arise where:

• a role appears to have been created principally to facilitate an immigration application;
• the duties have been exaggerated to bring the job within an eligible occupation;
• the occupation code does not reflect the work the individual will actually undertake;
• the salary or working arrangements are inconsistent with the role described;
• the vacancy does not make commercial or operational sense within the organisation; or
• the proposed employment differs materially from the information provided through the sponsorship process.

Employers should therefore be able to explain the business requirement for the role, the duties the worker will perform, where the position sits within the organisation and why the employment arrangements are credible.

There is no general resident labour market test under the Skilled Worker route requiring employers to advertise every sponsored vacancy in a prescribed way before sponsorship. Recruitment evidence can nevertheless remain relevant to sponsor compliance and to demonstrating the circumstances and genuineness of a particular appointment.

Records should therefore provide a consistent account of the recruitment and employment where they are required under the sponsor guidance or are otherwise retained as part of the organisation’s normal HR processes.

The sponsored worker should then perform the role for which sponsorship was granted. Material changes to duties, occupation, salary, hours, work location or other employment arrangements can have immigration consequences and should be assessed before they are implemented.

Job eligibility should therefore be established from the real vacancy and actual employment arrangements, not from a job title or occupation code selected simply to secure a sponsorship outcome.

↑ Back to top

Section F: Salary Requirements for International Recruitment

Salary is a central part of assessing whether a role can support sponsored international recruitment. An eligible occupation does not automatically mean that the proposed employment qualifies for sponsorship. The salary offered must also satisfy the requirements applying to the relevant immigration route, occupation and worker.

For Skilled Worker recruitment, employers may need to consider both a general salary requirement and the occupation-specific going rate. Different provisions can apply in specified circumstances, meaning the correct salary assessment should be carried out for the particular recruitment rather than relying on a single headline figure.

Salary rules can change. Employers should assess eligibility against the Immigration Rules and associated requirements in force at the relevant sponsorship and application stage rather than relying on salary figures previously used for another worker or recruitment exercise.

1. Minimum salary requirements

Sponsored work routes can impose minimum salary requirements that the proposed employment must satisfy.

Under the Skilled Worker route, the relevant assessment can involve more than one salary measure. Depending on the worker's circumstances, the employer may need to establish whether the proposed salary satisfies the applicable general salary requirement and the relevant occupation-specific requirement.

The correct assessment can depend on factors including:

• the immigration route;
• the occupation code;
• the applicable going rate;
• the worker's circumstances;
• the proposed weekly working hours;
• whether any specified salary provision or reduction applies; and
• which elements of remuneration can be taken into account under the relevant rules.

Employers should therefore avoid treating the headline salary threshold for a route as the only figure that matters. A proposed salary can exceed a general threshold but still fail the applicable occupation-specific requirement.

The reverse issue can also arise where an employer focuses on the occupation's going rate without considering a separate general salary requirement that applies to the worker.

The salary should be checked before the Certificate of Sponsorship is assigned. Where recruitment negotiations alter the salary, hours or employment arrangements, the immigration assessment should be revisited before sponsorship proceeds.

2. Occupation-specific going rates

Occupation classification and salary eligibility are closely connected.

For Skilled Worker sponsorship, occupation codes can carry specified going rates that form part of the salary assessment. Identifying the correct occupation code is therefore important not only for determining whether the job is eligible but also for establishing the salary requirement against which the proposed employment must be assessed.

The employer should determine the going rate applicable to the selected occupation and assess the proposed salary using the rules applying to that worker and sponsorship.

Employers should not select a different occupation code simply because it produces a lower going rate. The code must accurately reflect the worker's actual duties and responsibilities.

Where two occupational classifications appear potentially relevant, the employer should determine which most accurately describes the substantive role rather than choosing between them according to salary outcome.

The salary, job description, occupation code, working hours and information entered on the Certificate of Sponsorship should be consistent.

3. When different salary requirements can apply

The immigration rules provide different salary provisions for specified categories of workers and circumstances.

Depending on the rules in force and the worker's circumstances, a different salary requirement may potentially apply where the individual falls within a qualifying category recognised by the relevant route. Separate provisions can also apply to workers benefiting from specified transitional arrangements.

Examples of circumstances that may require consideration can include qualifying early-career cases, relevant qualifications or characteristics recognised by the Immigration Rules, specified occupations and workers whose immigration history brings them within transitional provisions.

These provisions should not be treated as a general discount from the normal salary requirements.

Each provision has its own eligibility conditions, and the employer should establish that the worker genuinely qualifies before relying on it when assigning sponsorship.

Employers should also be careful when applying salary treatment used for an existing sponsored worker to a new recruit. Transitional provisions can depend on the worker's previous immigration history and may not be available to someone entering the sponsored work system for the first time.

The salary assessment should therefore be specific to the individual worker as well as the role.

4. Working hours and salary calculations

Working hours can materially affect whether a proposed salary meets the requirements for sponsorship.

Employers should not assume that an annual salary automatically satisfies the immigration requirements without considering the number of hours on which that salary is based and the way the applicable salary requirement has to be calculated.

Occupation-specific going rates can be expressed by reference to specified weekly working hours. Where the worker's contractual hours differ, the employer may need to apply the relevant calculation methodology to determine whether the proposed remuneration satisfies the applicable requirement.

Part-time employment therefore requires particular care. The treatment of a general annual salary requirement and an occupation-specific going rate may not be identical, and employers should not assume that every threshold can simply be reduced proportionately because the worker is employed for fewer hours.

The employer should also establish which elements of the remuneration package can count towards the immigration salary assessment. The commercial value of a worker's overall package is not necessarily the same as the salary that can be relied upon for sponsorship purposes.

Relevant matters can include:

• basic gross salary;
• weekly working hours;
• the applicable occupation going rate;
• the salary calculation required under the relevant route;
• the treatment of allowances or other payments; and
• whether proposed remuneration is guaranteed and capable of being counted under the Immigration Rules.

Salary compliance should also continue after the worker starts employment. Changes to pay or working hours can affect the basis on which the worker was sponsored and may require consideration under the sponsor reporting or immigration rules.

Employers planning pay reviews, reductions in hours, changes in working patterns or other adjustments affecting a sponsored worker should therefore assess the immigration implications before implementing the change.

Salary eligibility is ultimately specific to the route, occupation, worker, remuneration and working arrangements. Checking all of these elements before sponsorship reduces the risk of an otherwise viable international recruitment failing because the salary has been assessed against the wrong requirement.

↑ Back to top

Section G: Does the Worker Qualify?

An eligible job does not automatically mean that the preferred candidate will qualify for immigration permission. Sponsored work routes impose requirements on the worker as well as the role and sponsoring employer.

Employers should therefore assess the candidate's likely immigration eligibility before becoming commercially dependent on the appointment. The precise requirements will depend on the immigration route, the worker's existing status and their individual circumstances.

The employer's assessment of whether a candidate is suitable for the job is separate from the Home Office assessment of whether the individual qualifies for immigration permission.

1. Worker eligibility is separate from job eligibility

International recruitment involves separate assessments of the employment and the individual.

The job may satisfy the requirements for sponsorship because it falls within an eligible occupation, meets the applicable salary requirements and represents a genuine vacancy. The worker must still satisfy the personal requirements of the relevant immigration route.

Depending on the route and circumstances, the worker assessment can involve matters such as:

• age requirements;
• English language ability;
• current and previous UK immigration status;
• whether an in-country application is permitted;
• qualifications where relevant;
• the worker's relationship with an overseas employer for certain business mobility routes;
• financial or maintenance requirements;
• required certificates or supporting evidence; and
• other route-specific eligibility conditions.

The employer should avoid assuming that assigning sponsorship guarantees that the worker will receive immigration permission. The Certificate of Sponsorship provides information supporting the worker's application, but the Home Office determines whether the individual satisfies the Immigration Rules.

Where a candidate's immigration position is uncertain, resolving the issue before sponsorship can prevent unnecessary cost and delay.

2. English language requirements

English language ability is an immigration requirement under a number of work routes, including Skilled Worker.

Where the route requires English language ability, the worker must satisfy the requirement in a manner accepted under the applicable Immigration Rules. Depending on the individual's circumstances, this may involve relying on:

• nationality where the relevant rules recognise the individual as meeting the requirement on that basis;
• an eligible academic qualification taught in English;
• an approved English language test;
• previous evidence accepted in an earlier qualifying UK immigration application; or
• another method permitted under the applicable rules.

An employer's assessment that the candidate speaks excellent English at interview does not itself satisfy a formal immigration evidence requirement where prescribed evidence is required.

Employers should identify how the worker intends to meet the English language requirement early enough for any necessary testing or evidence to be obtained before the immigration application is submitted.

The required level and permitted methods of demonstrating English can depend on the route and rules in force at the relevant time. Previous evidence should therefore be checked before assuming it can be relied upon again.

3. Existing immigration status

A candidate who is already in the UK should have their existing immigration position considered before the employer determines what immigration process is required.

Relevant questions include:

• What immigration status does the individual currently hold?
• When does that permission expire?
• What work does the existing permission allow?
• Are there restrictions on the proposed employment?
• Can the individual apply for the intended immigration route from within the UK?
• Will new sponsorship be required?
• Does the worker need new immigration permission before starting the proposed role?

A candidate's physical presence in the UK should not be confused with permission to undertake a particular job.

For example, a worker with sponsored permission connected to another employer will generally require new sponsorship and a new immigration application to move into sponsored employment with the recruiting organisation.

A sponsored worker changing employer must not normally begin the new sponsored role until the required new immigration permission has been granted, subject to any specific provision permitting otherwise.

Other workers may hold immigration permission that allows them to change employer without sponsorship, although any conditions and expiry date attached to that status should still be considered.

Where the worker's existing permission is approaching expiry, recruitment planning should also take account of whether a further application will be required and how that process affects the proposed start or continuation of employment.

4. Route-specific requirements

Each immigration route has its own eligibility framework. Employers should therefore avoid treating the Skilled Worker requirements as a universal checklist for every international recruit.

Depending on the route and the worker's circumstances, additional requirements can concern matters such as:

• age;
• qualifications;
• professional status;
• previous employment with an overseas organisation;
• length of overseas service;
• the relationship between UK and overseas businesses;
• maintenance or financial requirements;
• tuberculosis testing;
• criminal record certificates for specified employment;
• the nature and duration of the proposed UK activity; and
• the worker's current or previous immigration status.

Some requirements relate directly to the worker, while others depend on the relationship between the individual, the role and the sponsoring organisation.

Business mobility routes provide a good example. Eligibility can depend not simply on the proposed UK job but also on the worker's employment with an overseas business and the commercial relationship supporting the UK assignment.

Employers should also distinguish immigration eligibility from separate professional requirements. A worker may qualify for immigration permission but still need professional registration, licensing, security clearance or another form of regulatory approval before undertaking particular duties.

The worker's immigration eligibility should therefore be assessed against the specific route being used and the rules in force at the relevant time.

Sponsorship is an important part of a sponsored work application, but it does not guarantee immigration approval. Successful international recruitment requires the employer, role and worker to satisfy their respective requirements.

↑ Back to top

Section H: Does the Employer Need a Sponsor Licence?

Where an international worker needs to use a sponsored work route, the recruiting organisation will generally need to hold a sponsor licence covering the relevant route before it can sponsor the worker.

A sponsor licence is the Home Office authorisation that allows an eligible organisation to participate in the worker sponsorship system. It does not provide unrestricted permission to employ overseas nationals or guarantee that a particular worker can be sponsored. The employer, proposed employment and worker must still satisfy the requirements applying to the relevant route.

Obtaining a sponsor licence also brings continuing compliance responsibilities. Employers should therefore establish their sponsor licence position early in the recruitment process rather than waiting until a preferred international candidate is ready to start.

1. When a sponsor licence is required

An employer will generally need a sponsor licence where the immigration route being used requires the worker to be sponsored by an approved UK organisation.

For example, an employer recruiting under the Skilled Worker route must be authorised to sponsor workers under that route before it can assign the required Certificate of Sponsorship.

The sponsor licence belongs to the organisation rather than to an individual worker. Once appropriately licensed, an employer can potentially sponsor multiple eligible workers under the routes covered by its licence, subject to the applicable sponsorship requirements and continuing sponsor duties.

A sponsor licence is not required simply because the person being recruited is an overseas national.

An international worker may already have immigration status allowing them to undertake the proposed employment without employer sponsorship. Where this is the case, the organisation does not need to sponsor the worker merely because of their nationality or immigration background.

The key question is therefore:

Does the immigration route the worker needs to use require employer sponsorship?

If it does, the organisation will need the relevant sponsor authorisation. If it does not, the employer should instead establish that the worker's existing or prospective immigration permission allows the particular employment and complete the appropriate right to work check.

2. Employers that already hold a sponsor licence

An existing sponsor licence can significantly reduce the lead time involved in recruiting a worker who requires sponsorship, but employers should not assume that holding a licence means they are automatically ready to sponsor every proposed recruit.

Before proceeding, the organisation should confirm that:

• its sponsor licence covers the immigration route being used;
• the licence remains valid and the organisation is meeting its sponsor duties;
• information held by the Home Office about the sponsor is accurate and current;
• appropriate Sponsor Management System users and key personnel are in place;
• the organisation can obtain or assign the type of Certificate of Sponsorship required for the worker;
• there are no outstanding compliance issues that could affect the proposed sponsorship; and
• any recent corporate or organisational changes have been considered from a sponsor licence perspective.

Corporate events can be particularly important. Changes of ownership, mergers, acquisitions, restructurings and transfers of employment can have consequences for sponsor licensing arrangements. An organisation should not assume that sponsorship authority automatically follows the workforce through every corporate change.

Existing sponsors should also consider whether their internal systems remain suitable for the level of international recruitment being undertaken. An organisation that historically sponsored one or two workers may need more formal governance if international recruitment becomes a substantial or regular part of its workforce strategy.

A sponsor licence should therefore be treated as an ongoing regulatory permission rather than a one-time approval obtained solely for the first sponsored worker.

3. Employers without a sponsor licence

An organisation that wants to recruit a worker under a sponsored route but does not hold the necessary sponsor licence will generally need to apply to the Home Office before it can sponsor the individual.

The sponsor licence process requires more than payment of an application fee. The organisation will need to demonstrate that it is eligible to participate in the sponsorship system and capable of complying with the duties imposed on licensed sponsors.

Preparation can involve:

• identifying the routes under which the organisation expects to sponsor workers;
• confirming the organisation's eligibility;
• appointing appropriate sponsor licence key personnel;
• gathering the required supporting documents;
• reviewing HR and recruitment systems;
• considering right to work and record-keeping processes;
• ensuring relevant company information is accurate and consistent; and
• preparing for possible Home Office compliance scrutiny.

The Home Office can consider whether the organisation is genuine and operating lawfully, whether there is a credible basis for the proposed sponsorship and whether the employer has systems capable of meeting its sponsor responsibilities.

A pre-licence compliance visit may form part of the assessment. The Home Office can use compliance activity to examine the organisation's operations, recruitment arrangements, HR systems and readiness to undertake sponsorship duties.

Employers should therefore approach sponsor licensing as entry into a regulated compliance system rather than as a purely administrative application.

4. Allowing for the sponsor licence process

The need to obtain a sponsor licence can materially affect an international recruitment timetable.

An organisation that does not yet hold the required authorisation cannot normally proceed directly to assigning the Certificate of Sponsorship needed for the worker's sponsored immigration application.

The sequence can therefore involve:

1. preparing the sponsor licence application;
2. submitting the application and supporting evidence;
3. Home Office consideration and any compliance activity;
4. obtaining sponsor licence approval;
5. obtaining or assigning the appropriate Certificate of Sponsorship;
6. the worker making the relevant immigration application;
7. obtaining the required immigration permission; and
8. completing the right to work process before employment begins.

Employers with urgent or business-sensitive vacancies should therefore check their sponsor licence position at the outset of the recruitment.

Additional time may be required if the Home Office requests further information or conducts a compliance visit. An unsuccessful sponsor licence application can create substantially greater disruption where the recruitment has already become dependent on a particular overseas candidate.

Priority processing may be available for eligible sponsor licence applications, subject to the Home Office service being available and the application meeting the relevant requirements. Employers should not assume that a priority service will necessarily be available when planning the recruitment.

Sponsor licence approval is also not the end of the immigration process. It authorises the organisation to participate in sponsorship under the routes covered by the licence. The employer must then complete the individual sponsorship process, and the worker must obtain the immigration permission required for the proposed employment.

For employers expecting to recruit internationally on a continuing basis, obtaining and maintaining the appropriate sponsor licence can therefore form part of longer-term workforce planning rather than being treated solely as a response to one immediate vacancy.

↑ Back to top

Section I: Sponsoring the International Worker

Once the employer has established that sponsorship is required, confirmed that the role and salary meet the relevant requirements and checked that the worker appears capable of qualifying under the intended immigration route, the recruitment moves into the individual sponsorship process.

For sponsored work routes, the employer will generally need to assign a Certificate of Sponsorship to the worker. The certificate creates the sponsorship record that supports the worker's subsequent immigration application and provides the Home Office with key information about the proposed employment.

Sponsorship should only be assigned once the employer is satisfied that the relevant requirements are met. Errors or inconsistencies at this stage can affect the worker's application and can also raise wider questions about the sponsor's compliance with its duties.

1. Certificate of Sponsorship

A Certificate of Sponsorship, commonly referred to as a CoS, is an electronic sponsorship record. It is created and assigned through the Sponsor Management System by an organisation authorised to sponsor workers under the relevant route.

Despite its name, a CoS is not a physical certificate. It is also not a visa, immigration permission or evidence that the worker has the right to begin employment.

The CoS links the worker to the sponsoring organisation and records important information about the proposed employment. Depending on the route and circumstances, this can include:

• the worker's personal details;
• the immigration route under which the individual is being sponsored;
• the job title;
• the relevant occupation code;
• the worker's principal work location;
• the proposed employment start and end dates;
• weekly working hours;
• salary; and
• other information relevant to the sponsored employment and immigration application.

The information recorded on the CoS should accurately reflect the employment that has already been assessed for sponsorship.

Earlier recruitment decisions therefore feed directly into the sponsorship process. The employer should already have considered the occupation code, job eligibility, salary, duties, hours and employment arrangements rather than attempting to determine these matters simply to complete the CoS.

Under the Skilled Worker route, the employer also needs to identify the correct type of Certificate of Sponsorship.

A Defined Certificate of Sponsorship is used for a Skilled Worker applying for entry clearance from outside the UK. The sponsor must obtain the required Defined CoS through the applicable process before it can be assigned to the worker.

An Undefined Certificate of Sponsorship is used for Skilled Worker sponsorship in relevant applications from within the UK and for workers being sponsored under other routes where an Undefined CoS is required.

The distinction affects how the sponsor obtains and assigns the sponsorship record. Employers should therefore establish the correct CoS process for the worker's circumstances before attempting to assign sponsorship.

2. Assigning sponsorship

Holding a sponsor licence does not give an employer unrestricted discretion to sponsor any worker for any vacancy.

The sponsor is responsible for ensuring that the sponsorship is appropriate and that the requirements applying to the proposed employment have been properly considered when the CoS is assigned.

Before assignment, the employer should verify matters including:

• the worker's identity details;
• the immigration route being used;
• the correct type of Certificate of Sponsorship;
• the occupation code;
• the job title and substantive duties;
• the proposed salary;
• weekly working hours;
• the principal work location;
• the intended employment dates; and
• any route-specific information required for the sponsorship.

The organisation should also be satisfied that the vacancy is genuine, the job is eligible under the relevant route and the salary meets the requirements applicable to the particular sponsorship.

Information recorded on the CoS should be consistent with the employer's recruitment and employment records and with the application the worker intends to make. Material discrepancies concerning matters such as the role, salary, hours or work location can create problems during Home Office consideration.

Mistakes can sometimes be capable of correction under the sponsorship system, but employers should not operate on the assumption that inaccurate sponsorship can always be remedied after assignment or after the worker has submitted an immigration application.

The Certificate of Sponsorship also has a limited period during which it can be used for the relevant immigration application. Assignment should therefore be coordinated with the worker's application timetable.

Detailed rules governing CoS allocation, Defined and Undefined CoS processes, assignment and Sponsor Management System administration should be considered as part of the employer's wider worker sponsorship procedures.

3. Immigration Skills Charge

The Immigration Skills Charge can represent a significant employer cost when recruiting sponsored workers.

Where the charge applies, it is payable by the sponsoring employer in connection with the relevant sponsorship. The amount can depend on factors including the size or charitable status of the sponsoring organisation and the period for which the worker is being sponsored.

Exemptions apply in specified circumstances. Employers should therefore establish whether the Immigration Skills Charge is payable for the particular worker and sponsorship rather than assuming that every Certificate of Sponsorship attracts the charge.

Where the Immigration Skills Charge is payable, it must be paid by the sponsor and must not be passed on to the sponsored worker. Requiring a sponsored worker to pay the charge, or seeking to recover it from them where prohibited, can place the sponsor licence at risk.

The Immigration Skills Charge should therefore be treated as an employer sponsorship cost when budgeting for international recruitment.

The financial impact can become substantial where an organisation sponsors multiple workers or sponsors individuals for longer periods. Employers planning international recruitment at scale should model the charge across the expected sponsored workforce rather than assessing the cost only when individual Certificates of Sponsorship are assigned.

Immigration cost policies and contractual repayment arrangements should also distinguish the Immigration Skills Charge and other sponsorship costs that cannot permissibly be transferred to the worker from worker-side immigration expenditure that the employer may choose to fund.

4. Worker immigration application

Assignment of the Certificate of Sponsorship does not give the worker immigration permission and does not, in itself, allow the individual to start the proposed employment.

The worker must use the sponsorship information to make the relevant immigration application and demonstrate that they satisfy the personal requirements of the route.

The employer's role and the worker's role in the process are therefore distinct:

The employer sponsors the proposed employment. The worker applies for immigration permission.

Depending on the route and the worker's circumstances, the individual may need to provide evidence relating to matters such as:

• identity;
• English language ability;
• existing immigration status;
• financial or maintenance requirements;
• tuberculosis testing where applicable;
• criminal record certificates for specified employment; and
• other route-specific requirements.

The Home Office then determines whether the application satisfies the Immigration Rules.

Employers should not present assignment of a Certificate of Sponsorship as confirmation that the worker's application will succeed. Sponsorship is an important component of the application, but immigration permission remains subject to the Home Office decision.

The proposed employment start date should reflect this distinction. A worker who requires new permission for the sponsored role must not normally begin that employment merely because a CoS has been assigned or because an immigration application has been submitted.

For a worker applying from overseas, the required entry clearance must be obtained before travelling to the UK for the purpose of taking up the sponsored employment.

For a sponsored worker changing employer from within the UK, existing permission connected to the previous sponsor will not ordinarily authorise the individual to begin the new sponsored employment. The required new immigration permission must normally be granted before the worker starts the new role, subject to any specific provision of the Immigration Rules permitting otherwise.

Once the necessary immigration permission has been obtained, the employer must still complete the appropriate prescribed right to work check before employment begins and establish that the individual's permission allows the specific work being offered.

Sponsoring the worker is therefore an intermediate stage in the international recruitment process rather than the final immigration approval:

Eligible recruitment → employer sponsorship → worker immigration application → immigration permission → right to work check → employment

 

 

↑ Back to top

Section J: Cost of Recruiting International Workers

The cost of recruiting an international worker can extend well beyond the worker's immigration application fee. Where sponsorship is required, employers may incur sponsor licence costs, Certificate of Sponsorship fees and the Immigration Skills Charge, alongside recruitment, professional, relocation and onboarding expenditure.

The overall cost will depend on the immigration route, the length of sponsorship, the size and status of the sponsoring organisation, whether the employer already holds the necessary sponsor licence and which worker-side costs the organisation chooses to meet as part of the recruitment package.

Employers planning international recruitment should therefore assess the total cost per hire rather than budgeting solely for the visa application. Organisations recruiting internationally at scale should also consider the cumulative cost across the anticipated sponsored workforce.

1. Employer sponsorship costs

Where a worker needs sponsorship, a number of immigration costs can fall directly on the employer.

An organisation that does not already hold a sponsor licence covering the relevant route may first need to apply for the necessary Home Office authorisation and pay the applicable sponsor licence application fee.

Once the organisation is licensed, a fee will generally be payable when the relevant Certificate of Sponsorship is assigned. Depending on the route and circumstances, the Immigration Skills Charge may also be payable.

Employer costs associated with sponsored recruitment can therefore include:

• sponsor licence application fees where a new licence is required;
• Certificate of Sponsorship fees;
• the Immigration Skills Charge where applicable;
• fees for eligible optional or priority Home Office sponsor services where used; and
• legal or professional fees associated with sponsor licensing and worker sponsorship.

The amount payable can depend on factors including the type of sponsorship, the size or charitable status of the organisation and the period for which the worker is being sponsored.

Home Office fees are subject to change. Employers should therefore check the current fee schedule when budgeting for a particular recruitment rather than relying on figures previously paid for another worker.

The Immigration Skills Charge can be particularly significant because, where applicable, the amount can increase with the length of sponsorship.

Employers recruiting multiple international workers should model these costs across the anticipated recruitment programme. Sponsoring a substantial number of workers can create a materially different budget requirement from making a single international appointment.

Sponsor licence expenditure should also be considered in the context of the organisation's longer-term recruitment plans. A sponsor licence is organisational authorisation rather than permission for one named worker. Once appropriately licensed, the organisation can potentially sponsor further eligible workers under the routes covered by its licence, provided the relevant requirements continue to be met.

2. Worker immigration costs

The worker can also face substantial costs in obtaining immigration permission.

Depending on the route and individual circumstances, worker-side expenditure can include:

• the immigration application fee;
• the Immigration Health Surcharge where applicable;
• eligible priority processing charges where selected and available;
• English language testing;
• tuberculosis testing where required;
• document translation or certification costs;
• other application-related service costs; and
• immigration costs for accompanying dependants where the route permits them.

The amount can vary considerably according to the immigration route, the period of permission requested, where the application is made and the circumstances of the applicant.

Different charging arrangements apply to certain routes. Eligible Health and Care Worker applicants, for example, benefit from specific application fee treatment and are exempt from the Immigration Health Surcharge.

Employers should distinguish worker immigration expenditure from costs that belong to the employer as part of its participation in the sponsorship system.

Some organisations choose to fund all or part of a worker's permissible immigration expenditure as part of the recruitment package. This can be particularly relevant when recruiting senior specialists, workers in shortage areas or candidates considering competing international opportunities.

Where the worker is relocating with family members, the combined immigration expenditure can be considerably higher than the cost of the principal applicant's application. Employers offering immigration support should therefore define clearly whether assistance extends to dependants and which costs the organisation will meet.

3. Recruitment and relocation costs

Home Office charges are only one component of the commercial cost of international recruitment.

Depending on the role and the employer's recruitment strategy, additional expenditure can include:

• international recruitment agency fees;
• advertising and candidate sourcing;
• legal and immigration advice;
• travel costs;
• flights;
• temporary accommodation;
• relocation support;
• shipping and moving costs;
• settlement assistance;
• payroll and tax advice;
• international employment or global mobility support; and
• onboarding expenditure.

Senior, specialist and difficult-to-fill positions can involve substantial relocation packages. Employers should determine at an early stage which costs they are prepared to meet and whether the proposed package is consistent with the organisation's international recruitment or global mobility policies.

The financial assessment should also account for the consequences of delay or an unsuccessful recruitment. Recruitment fees, professional costs, management time and some immigration expenditure may already have been incurred before the worker's immigration application is decided.

There can also be a commercial cost associated with leaving the vacancy unfilled. Where the worker is needed for a revenue-generating role, specialist project, regulatory function or business-sensitive position, the cost of delay may exceed the direct immigration expenditure involved in the recruitment.

A meaningful international recruitment budget should therefore consider both the direct cost of obtaining the worker and the wider commercial consequences of the recruitment timetable.

4. Who pays immigration costs?

Employers have some discretion over which worker-side immigration costs they choose to fund, but sponsorship costs cannot automatically be transferred to the sponsored worker.

The organisation should distinguish between employer sponsorship costs and worker immigration costs.

Certain costs arise from the employer's participation in the sponsorship system and must remain with the sponsor where the sponsor rules prohibit recovery from the worker.

In particular, where the Immigration Skills Charge is payable, it is the sponsor's responsibility and must not be passed on to the sponsored worker.

Sponsor requirements also restrict recovery from sponsored workers of other specified sponsorship costs. Employers should therefore check the current sponsor guidance before asking a worker to pay, reimburse or repay any cost connected with the organisation's sponsorship activity.

Worker-side immigration costs require a separate assessment. An application fee, Immigration Health Surcharge or another personal immigration expense may initially belong to the worker, but the employer may choose to meet some or all of that expenditure as part of the recruitment package.

Where an employer voluntarily funds permissible worker-side immigration expenditure, it may consider contractual repayment arrangements if the employee leaves within a specified period. Any such arrangement requires careful drafting.

A repayment clause should not be treated as making recovery automatically permissible. Employers should first establish that the particular cost is capable of being recovered under the sponsor requirements and other applicable law.

Where recovery is permissible, the arrangement should clearly identify the expenditure concerned and take account of relevant contractual and employment law considerations. Employers should also consider whether the amount recoverable reduces over time rather than imposing the same repayment liability regardless of how long the employee remains with the organisation.

An indiscriminate provision requiring a sponsored worker to repay every immigration and sponsorship cost incurred by the organisation can create sponsor compliance and employment law risks.

International recruitment budgets should therefore distinguish clearly between:

• costs that must remain with the employer and cannot permissibly be passed to the sponsored worker;
• worker immigration costs that the individual would ordinarily bear but which the employer has chosen to fund;
• permissible costs for which a properly structured repayment arrangement may be considered; and
• recruitment and relocation expenditure that the organisation chooses to provide as part of the employment package.

For employers recruiting internationally on a regular basis, a documented immigration cost policy can provide consistency between hires, improve transparency for candidates, support accurate workforce budgeting and reduce the risk of prohibited sponsorship costs being recovered from workers.

↑ Back to top

Section K: International Recruitment Timescales

International recruitment can take longer than domestic recruitment because the employer may need to complete sponsorship and immigration stages before the worker can lawfully start the proposed employment.

The overall timetable will depend on factors including whether the employer already holds a sponsor licence covering the relevant route, whether a Certificate of Sponsorship is available, where the worker is applying from, the immigration route being used and whether additional evidence or Home Office consideration is required.

Employers should therefore work backwards from the required employment start date and identify each immigration stage that must be completed. A contractual start date based solely on the employer's normal recruitment timetable may be unrealistic where sponsorship or new immigration permission is required.

1. Recruiting with an existing sponsor licence

An employer that already holds a sponsor licence covering the required route can usually move more quickly into the individual worker sponsorship process.

The organisation will still need to complete the necessary eligibility assessment before assigning sponsorship. Relevant steps can include:

• confirming that the sponsor licence covers the proposed immigration route;
• checking that the job is eligible;
• identifying the correct occupation code;
• checking the applicable salary requirements;
• assessing the worker's immigration position;
• obtaining the appropriate Certificate of Sponsorship where required;
• assigning the Certificate of Sponsorship accurately;
• allowing the worker to prepare and submit the immigration application;
• waiting for the required immigration decision; and
• completing the prescribed right to work process before employment starts.

The fact that an employer already holds a sponsor licence does not mean that sponsorship can always be completed immediately.

For example, the sponsor may need to obtain the relevant type of Certificate of Sponsorship before it can be assigned. Internal delays can also arise where the organisation needs to confirm the occupation code, salary, working arrangements or worker eligibility before sponsorship is authorised.

Employers should also consider their own governance arrangements. Where Certificates of Sponsorship require approval from HR, legal, finance or senior management, internal processing time should form part of the recruitment timetable.

A well-managed sponsor can reduce avoidable delay by assessing immigration requirements alongside the recruitment process rather than waiting until the candidate has accepted an unconditional offer.

2. Recruiting without a sponsor licence

The timetable is likely to be longer where the worker requires sponsorship and the recruiting organisation does not yet hold a sponsor licence covering the relevant route.

The employer will generally need to obtain the necessary sponsor authorisation before it can assign sponsorship to the worker.

The process can involve:

1. assessing whether the organisation is eligible for a sponsor licence;
2. selecting the sponsorship routes required;
3. appointing sponsor licence key personnel;
4. reviewing HR and compliance systems;
5. gathering the required supporting evidence;
6. preparing and submitting the sponsor licence application;
7. responding to any Home Office enquiries or compliance activity;
8. obtaining sponsor licence approval;
9. obtaining and assigning the appropriate Certificate of Sponsorship;
10. the worker submitting the immigration application;
11. waiting for the immigration decision; and
12. completing the right to work process before employment begins.

Employers should build sufficient contingency into this timetable. The sponsor licence application may require substantial preparation, particularly where the organisation has not previously operated formal immigration compliance systems.

The Home Office may request further information or undertake compliance activity before deciding an application. Where this happens, the recruitment timetable can extend beyond the organisation's initial expectations.

Eligible employers may be able to request priority processing for a sponsor licence application where the relevant Home Office service is available. Priority services are subject to eligibility, capacity and the applicable requirements and should not be assumed to be available when setting a worker's proposed start date.

Where international recruitment is expected to become a recurring workforce requirement, employers may benefit from considering sponsor licensing before a business-sensitive vacancy arises. Waiting until a preferred candidate has been identified can place significant pressure on the recruitment timetable.

3. Immigration application processing

After the worker has been sponsored, where sponsorship is required, the individual must submit the relevant immigration application.

Processing times vary according to the immigration route, the type of application, where the application is made and the circumstances of the case. Home Office service standards and actual processing conditions can also change.

Additional time may be required where:

• further evidence is requested;
• the application requires additional checks;
• the worker needs to complete an English language test;
• a tuberculosis certificate is required;
• a criminal record certificate is required for the proposed employment;
• supporting documents need to be obtained or translated;
• identity or biometric requirements have not yet been completed; or
• an issue arises concerning the worker's immigration history or eligibility.

Priority or faster processing services may be available for some immigration applications, subject to the route, application location, eligibility and Home Office service availability.

Employers should not make the recruitment commercially dependent on priority processing unless availability has been confirmed for the relevant application. A faster service can reduce the decision stage, but it does not remove the need to prepare a valid and properly evidenced application.

Where dependants are relocating with the worker, their applications and practical relocation arrangements may also affect the date on which the worker is realistically able to move to the UK and begin employment.

4. Setting a realistic start date

The proposed employment start date should reflect the immigration process rather than being treated as a fixed date that immigration arrangements must somehow accommodate.

A realistic timetable should consider:

• recruitment and offer approval;
• the employer's sponsor licence status;
• Certificate of Sponsorship requirements;
• the worker's application preparation;
• Home Office processing;
• notice periods with an existing employer;
• travel and relocation arrangements;
• professional registration or regulatory requirements where applicable; and
• the right to work check required before employment starts.

Employers should also distinguish between a worker being available to the business and the worker being legally permitted to undertake the proposed employment.

A Certificate of Sponsorship does not provide permission to work. Submission of an immigration application does not, by itself, mean that a new international recruit can start the proposed job.

Where a worker is applying from overseas and requires entry clearance for the proposed employment, the required immigration permission must be obtained before the individual travels to the UK for that purpose.

Where an existing sponsored worker is changing employer from within the UK, the worker must not normally begin the new sponsored employment until the required new immigration permission has been granted, subject to any specific provision of the Immigration Rules permitting otherwise.

Employment offers involving international workers should therefore be drafted with immigration requirements in mind. Where appropriate, the offer can be conditional on the worker obtaining and maintaining the immigration permission and right to work required for the role.

Businesses should also consider contingency arrangements where the immigration process takes longer than expected. Depending on the role, this could affect project planning, workforce cover, client commitments, training, onboarding and the availability of other employees.

International recruitment is more predictable when immigration is treated as part of workforce planning from the outset. The relevant question is not simply "How long does the visa take?" but "How long will the complete recruitment, sponsorship, immigration and right to work process take before this individual can lawfully start the role?"

↑ Back to top

Section L: Recruiting International Workers Already in the UK

International recruitment does not always involve bringing a worker into the UK from overseas. Employers may identify candidates who are already living in the UK under an existing immigration route, including sponsored workers employed by another organisation, students, graduates and individuals whose immigration status allows them to work without employer sponsorship.

Recruiting someone who is already in the UK can reduce some of the practical issues associated with overseas relocation, but it does not remove the need to establish the individual's immigration position. The employer should determine what permission the candidate currently holds, what work that permission allows, when it expires and whether a new immigration application is required for the proposed employment.

The analysis should take place before the employer commits to a start date. A candidate being physically present in the UK does not necessarily mean that they are permitted to begin the new role.

1. Workers changing employers

Where an international worker is already employed in the UK, the recruiting organisation should establish the basis on which the individual currently has permission to work.

Different immigration categories produce different consequences when a worker changes employer.

Some immigration routes allow individuals to move between employers without obtaining employer sponsorship. Others link the worker's immigration permission to a particular sponsoring organisation and employment.

The employer should establish:

• the worker's current immigration status;
• the expiry date of the existing permission;
• whether the permission allows employment with a new employer;
• whether there are restrictions on the type or amount of work permitted;
• whether sponsorship will be required for the proposed role;
• whether the worker can make any required application from within the UK; and
• whether new immigration permission must be granted before the worker can start.

Employers should not rely solely on the candidate's statement that they are entitled to work in the UK. The precise conditions attached to the individual's immigration permission need to be understood and the prescribed right to work process completed at the appropriate stage.

A worker may have a valid right to work for their current employer while not yet having permission to undertake the proposed employment with the recruiting organisation.

The distinction is particularly important where the candidate is currently sponsored.

2. Sponsored workers changing sponsor

A worker who already holds sponsored immigration permission does not ordinarily carry that sponsorship permission automatically to a new employer.

Where the proposed role requires sponsorship by the recruiting organisation, the new employer will generally need to hold a sponsor licence covering the relevant route, assess the proposed role against the applicable requirements and assign a new Certificate of Sponsorship.

The worker will then generally need to make the required immigration application based on the new sponsorship.

The process can involve:

1. checking the worker's existing immigration status;
2. confirming that the recruiting employer can sponsor under the relevant route;
3. checking that the new role and occupation are eligible;
4. checking the applicable salary requirements;
5. confirming the worker's eligibility;
6. assigning the appropriate Certificate of Sponsorship;
7. the worker submitting the required immigration application;
8. obtaining the required new immigration permission; and
9. completing the prescribed right to work process for the new employment.

A sponsored worker changing employer must not normally begin the new sponsored employment until the required new immigration permission has been granted, subject to any specific provision of the Immigration Rules permitting otherwise.

The existence of valid sponsored permission connected to the worker's current employer should therefore not be treated as sufficient authority to start employment with the new sponsor.

Employers should take particular care with proposed start dates where a candidate is serving notice with an existing sponsor. Commercial pressure to secure the worker quickly should not result in the individual beginning the new sponsored role before the necessary immigration position is in place.

The worker's departure may also create reporting obligations for the existing sponsor, while the new sponsor assumes its own responsibilities in relation to the new sponsored employment.

3. Students and graduates

UK employers frequently recruit international candidates who have studied in the UK. Their immigration position should be considered carefully because the ability to work can differ according to the immigration permission held and the stage the individual has reached under that route.

A person with Student permission may have permission to undertake employment, but the conditions governing that work can restrict the type of employment, working arrangements or amount of work permitted in particular circumstances.

Employers should therefore check the specific conditions attached to the individual's Student permission rather than applying a general assumption about permitted working hours.

Relevant considerations can include:

• the individual's current immigration permission;
• the conditions attached to that permission;
• the nature of the proposed employment;
• whether the individual is still studying;
• the relevant academic or course dates;
• whether the proposed working arrangements are permitted; and
• whether the worker intends to move into another immigration route.

Where a Student is expected to move into sponsored employment, the employer should establish when the relevant immigration application can be made and when the worker can lawfully undertake the proposed role.

International graduates may also hold, or become eligible to apply for, immigration permission under the Graduate route. Graduate permission can allow employment without the employer sponsoring the worker, subject to the conditions applying to that status.

The Graduate route is time-limited. Employers recruiting a Graduate route holder should therefore consider both the immediate recruitment and what immigration arrangement may be required when the worker's current permission approaches expiry.

Where the organisation expects to retain the individual beyond their existing immigration permission, future sponsorship may need to form part of workforce planning even though sponsorship is not required when the worker is initially recruited.

4. Workers not requiring sponsorship

Many international workers in the UK can undertake employment without being sponsored by the recruiting organisation.

Depending on the individual's circumstances and the conditions attached to their immigration status, examples can include people with:

• settled status or indefinite leave to remain;
• qualifying pre-settled status under the EU Settlement Scheme;
• eligible dependant immigration permission;
• Graduate permission;
• other immigration permission carrying an appropriate right to work; or
• another status giving the individual the required permission to undertake the proposed employment.

Whether sponsorship is required should therefore be determined from the individual's actual immigration status and the conditions attached to it rather than from nationality.

An employer does not need to sponsor a worker merely because the individual is not British or Irish. Equally, the absence of a sponsorship requirement does not remove the employer's right to work obligations.

The organisation must still establish that the individual has the right to undertake the specific work being offered and complete the appropriate prescribed right to work check.

Time-limited immigration permission also requires forward planning. An individual may be able to start employment without sponsorship but later need further immigration permission to continue working lawfully.

Employers should therefore record relevant expiry dates and operate appropriate follow-up procedures where the statutory right to work framework requires them.

Recruiting an international worker who is already in the UK can sometimes simplify the immigration process, but the correct starting point remains the same: identify the worker's current status, establish what that status permits and determine whether any new immigration permission is required before the proposed employment begins.

↑ Back to top

Section M: Recruiting Workers Directly From Overseas

Recruiting an international worker directly from overseas introduces additional immigration and practical considerations because the individual may need to obtain UK entry clearance before travelling to take up the proposed employment.

Employers should incorporate the immigration process into recruitment planning from the outset. The organisation may need to assess the role, determine the appropriate immigration route, complete sponsorship, allow time for the worker's application and coordinate relocation before the individual can lawfully begin work in the UK.

Where the worker requires entry clearance for the proposed employment, the required immigration permission must be obtained before the individual travels to the UK for that purpose.

1. Recruitment and job offers

The employer should assess the immigration implications of an overseas appointment before making the recruitment dependent on a particular candidate or committing to an unrealistic start date.

Relevant questions include:

• Does the proposed role qualify under a UK immigration route?
• Does the worker require employer sponsorship?
• Does the organisation hold a sponsor licence covering the relevant route?
• Is the occupation eligible?
• Does the proposed salary satisfy the applicable requirements?
• Does the worker appear capable of meeting the requirements of the intended route?
• How long is the sponsorship and immigration process likely to take?
• Will the worker be relocating alone or with eligible dependants?
• Are professional registration or regulatory approvals required?
• What relocation support will the employer provide?

Immigration requirements can be considered during recruitment without making inappropriate assumptions based on nationality. Employers should apply fair and consistent recruitment practices while establishing whether a candidate will have the immigration permission required to undertake the role.

Where immigration permission is needed, an offer of employment can be made conditional on the individual obtaining and maintaining the necessary permission and demonstrating the required right to work before employment begins.

The proposed start date should allow sufficient time for the immigration process. Where the date cannot be known with certainty, contractual documentation should avoid creating an expectation that the worker can begin employment before the legal requirements have been completed.

Employers should also ensure that the role presented during recruitment is the role that will actually be sponsored. Material differences between the advertised vacancy, offer, job description and Certificate of Sponsorship can create questions about the genuineness or accuracy of the sponsorship.

2. Sponsorship

Where the overseas worker needs to use a sponsored work route, the employer must hold a sponsor licence covering that route and complete the required sponsorship process.

For Skilled Worker recruitment from outside the UK, the employer will generally need to obtain and assign a Defined Certificate of Sponsorship before the worker can make the relevant entry clearance application.

Before assigning sponsorship, the employer should have established:

• that the proposed role is genuine;
• that the occupation is eligible;
• the correct occupation code;
• that the salary and working arrangements satisfy the applicable requirements;
• that the worker appears capable of qualifying under the route;
• the intended employment dates;
• the principal work location;
• whether the Immigration Skills Charge is payable; and
• that the information to be recorded on the Certificate of Sponsorship is accurate.

The employer should not assign sponsorship simply to allow a candidate to attempt an immigration application where there are unresolved concerns about the eligibility or genuineness of the role.

Information recorded through the sponsorship process should correspond with the employment the worker will undertake after arriving in the UK.

Where the Immigration Skills Charge applies, it is the sponsor's responsibility to pay the charge and it must not be passed on to the sponsored worker.

Assignment of the Certificate of Sponsorship completes an important employer stage, but it does not itself give the worker permission to enter the UK or undertake the employment.

3. Immigration application and entry clearance

After the required sponsorship has been assigned, the worker must make the relevant immigration application.

For an individual applying from overseas to enter the UK for sponsored employment, this will ordinarily involve an application for entry clearance under the appropriate work route.

The worker remains responsible for satisfying the personal requirements of the immigration route. Depending on the circumstances, the application can involve evidence relating to:

• identity;
• the Certificate of Sponsorship;
• English language ability where required;
• financial or maintenance requirements;
• tuberculosis testing where applicable;
• criminal record certificates for specified employment;
• route-specific qualifications or circumstances; and
• any accompanying dependant applications.

The Home Office will determine whether the worker satisfies the Immigration Rules. Employer sponsorship does not guarantee that entry clearance will be granted.

Where the worker requires entry clearance for the proposed employment, the required permission must be obtained before the worker travels to the UK for the purpose of taking up that employment.

Employers should not attempt to use visitor status as a substitute for the appropriate work route. A prospective employee travelling to the UK as a visitor does not acquire permission to undertake employment simply because the organisation intends to sponsor them or because an employment offer has been made.

The correct immigration route should be secured before the worker travels for the purpose of commencing the UK role.

Priority processing may be available for some applications, depending on the route, location, eligibility and Home Office service availability. Recruitment planning should not assume that a faster service will necessarily be available.

4. Arrival and employment start date

Immigration approval should be coordinated with the worker's travel, relocation and onboarding arrangements.

Once the required permission has been granted, the employer should confirm the conditions attached to the worker's immigration status and complete the appropriate prescribed right to work check before employment begins.

The employer should establish that the worker has permission to undertake the specific work being offered, rather than merely confirming that the individual has some form of UK immigration permission.

Practical onboarding considerations can include:

• the worker's confirmed travel date;
• the date from which the relevant immigration permission is valid;
• completion of the right to work check;
• accommodation and relocation arrangements;
• payroll and tax onboarding;
• professional registration where required;
• workplace induction;
• dependant relocation arrangements where relevant; and
• internal sponsor compliance records.

The employment start date should not be treated as fixed where the immigration process remains outstanding. If the immigration decision or relocation is delayed, the employer may need to revise the anticipated start date rather than allowing the worker to begin before the required permission is in place.

Employers should also ensure that the employment which begins after arrival remains consistent with the sponsorship granted. Changes made between recruitment and commencement, including changes to salary, duties, hours, occupation or work location, should be assessed for immigration and sponsor compliance implications before they are implemented.

Direct overseas recruitment therefore requires coordination between recruitment, sponsorship, immigration, relocation and onboarding. Treating these as connected stages helps employers avoid situations where a preferred candidate has been recruited commercially but cannot yet lawfully travel to the UK or begin the proposed employment.

↑ Back to top

Section N: Right to Work Before Employment Starts

International recruitment does not end when the worker receives immigration permission. Before employment begins, the employer must establish that the individual has the legal right to undertake the specific work being offered and complete the appropriate prescribed right to work check.

Right to work checks are separate from sponsorship. A sponsor may have assigned a Certificate of Sponsorship and the worker may have received an immigration decision, but the employer must still complete the required right to work process before allowing the individual to start work.

Carrying out a prescribed check correctly can provide the employer with a statutory excuse against liability for a civil penalty for illegal working, subject to the applicable requirements. The check should therefore form a controlled part of onboarding rather than being treated as a routine collection of identity documents.

1. Employer right to work obligations

UK employers have a responsibility to prevent illegal working. The right to work regime applies to the workforce generally and should be operated consistently rather than only for people whom the employer believes to be foreign nationals.

The employer should establish both the individual's identity and whether they have permission to undertake the particular employment being offered.

Depending on the individual's status and the prescribed method applicable to them, a compliant right to work check can involve:

• a Home Office online right to work check;
• a prescribed manual document check; or
• where applicable, an eligible digital identity verification process using an Identity Service Provider or Digital Verification Service for a British or Irish citizen relying on an eligible passport or passport card.

The correct method depends on the worker's circumstances and the evidence through which their right to work can be established.

The employer should complete the check at the required time, follow the prescribed process and retain the evidence required to demonstrate that the check was undertaken correctly.

A right to work check should establish whether the individual is permitted to undertake the specific work proposed. Some immigration categories allow unrestricted employment, while others impose conditions concerning the employer, occupation, hours, type of work or other aspects of employment.

Employers should therefore avoid reducing the exercise to the question of whether the candidate has a visa. The relevant issue is whether the individual's current immigration status permits the work the organisation intends them to perform.

2. Online right to work checks

Many international workers prove their right to work through the Home Office online checking service.

Where the worker holds an eVisa or another immigration status for which the prescribed online process applies, the employer should use the Home Office online right to work service to establish the individual's status and employment conditions.

The worker will generally provide the employer with a right to work share code together with the information required to access the online service.

A share code is not, by itself, a completed right to work check.

The employer must use the code through the Home Office service and complete the prescribed online checking process. The organisation should check that the photograph displayed relates to the person presenting for work and review the immigration information shown by the service.

The online result should be considered carefully to establish:

• that the individual has a right to work;
• whether that right is time-limited;
• the date on which the permission expires where relevant;
• whether the individual is permitted to undertake the proposed type of work; and
• whether any conditions or restrictions affect the employment.

The employer should then retain evidence of the prescribed check in accordance with the applicable right to work requirements.

Employers should not substitute screenshots supplied by the worker, immigration correspondence or an informal inspection of an eVisa account for the prescribed employer check where the Home Office online service is required.

The move to digital immigration status makes effective online checking increasingly important. HR and recruitment teams should understand how to use the Home Office service rather than relying on historic processes developed around physical immigration documents.

3. Time-limited permission

Some workers have an indefinite right to work, while others have immigration permission that expires on a specified date.

Where the individual's right to work is time-limited, the employer may need to undertake a follow-up check at the appropriate time to maintain its statutory excuse.

Employers should therefore record relevant immigration expiry information and operate a reliable system for identifying workers whose permission requires further checking.

An approaching expiry date does not necessarily mean that employment must end on that date. A worker may make a valid application to extend or vary their immigration permission before their existing leave expires.

Where a qualifying application is made in time, section 3C of the Immigration Act 1971 may extend the individual's existing leave while the application is pending. Where section 3C applies, the conditions attached to the existing leave, including relevant work rights, can continue during the extended period.

Employers should not, however, assume that every pending immigration application gives the applicant permission to work. The legal effect depends on matters including the worker's previous immigration status, whether the application was made in time and the conditions that continue to apply.

The employer should use the prescribed right to work process to establish whether employment can lawfully continue.

4. Follow-up checks

Where a worker has a time-limited right to work, the employer should identify whether and when a further prescribed check is required.

The follow-up process should not be left until after the employer's statutory excuse has expired. HR systems should provide sufficient notice for the organisation to contact the worker, establish their current position and complete the appropriate check.

In many cases, an individual with continuing digital immigration status can provide a new share code so that the employer can complete another Home Office online right to work check.

Where a worker has an outstanding in-time immigration application, administrative review or appeal and their continuing right to work cannot be established through the normal online service or acceptable documents, the employer may need to use the Employer Checking Service.

The Employer Checking Service allows the Home Office to confirm whether an individual has a right to work in circumstances covered by the service. Where the Home Office confirms the right to work, the employer can receive a Positive Verification Notice, which can provide a time-limited statutory excuse when the prescribed requirements are met.

Use of the Employer Checking Service is not automatically necessary simply because an immigration application is pending. Some eVisa holders who have made an in-time application may be able to demonstrate their continuing right to work through the Home Office online service.

The employer should therefore use the prescribed method applicable to the worker's circumstances rather than defaulting to a single process for every pending application.

Right to work compliance should also be distinguished from sponsor compliance. The two regimes overlap in practice, but they impose separate responsibilities. A sponsor can comply with its sponsorship processes yet still create illegal working risk if it fails to complete the prescribed right to work check correctly.

For international recruitment, the final pre-employment question should therefore be clear: does the employer have prescribed evidence that this individual has the right to undertake this specific work now?

↑ Back to top

Section O: After the International Worker Starts

International recruitment does not end when the worker starts employment. Where the individual has been sponsored, the employer assumes continuing responsibilities for the sponsored employment and must maintain the systems, records and reporting processes required under the sponsor regime.

These obligations sit alongside the employer's wider responsibilities concerning right to work, employment law, payroll, HR administration and workforce management.

Sponsor compliance should therefore form part of the employee lifecycle. Recruitment, onboarding, absence management, changes to employment and termination processes should be capable of identifying events that have immigration or sponsor licence consequences.

1. Sponsor duties

A sponsor licence allows an organisation to sponsor eligible workers, but continued access to the sponsorship system depends on the organisation meeting its sponsor duties.

These duties are designed to ensure that the Home Office can rely on sponsors to provide accurate information about sponsored workers and the employment for which sponsorship has been granted.

In practical terms, a sponsoring employer needs systems capable of managing matters including:

• the sponsored worker's employment and contact information;
• right to work compliance;
• relevant attendance and absence information;
• changes affecting the sponsored employment;
• reportable changes concerning the worker;
• reportable changes concerning the sponsoring organisation; and
• the records required under the sponsor guidance.

Sponsor duties should not sit solely with the person who originally prepared the sponsor licence application. Managers, HR personnel, payroll teams and others involved in workforce administration may hold information that has sponsor compliance significance.

For example, a line manager may agree a change in duties or work location without appreciating that the change needs immigration assessment. Payroll may identify a change in salary or unpaid absence. HR may process a resignation, extended absence or contractual change that creates a reporting obligation.

Employers should therefore establish internal escalation procedures so that potentially relevant changes are reviewed before action is taken or within any applicable reporting timeframe.

2. Record keeping

Licensed sponsors are subject to record-keeping requirements relating to sponsored workers. The precise records required depend on the applicable sponsor guidance and the circumstances of the employment.

Relevant records can include, where applicable:

• evidence of the worker's right to work;
• contact details;
• employment and contractual information;
• salary and payroll records;
• information relating to the worker's duties and work location;
• records connected with recruitment where required;
• evidence relevant to occupation or salary eligibility;
• absence information where relevant to sponsor duties; and
• other documents required under the applicable sponsor guidance.

Not every document in this list will necessarily be a prescribed sponsor record in every case. Employers should identify the records required for the relevant route and worker rather than treating a generic checklist as a substitute for the current sponsor guidance.

Records should also be accurate and capable of being retrieved if the Home Office undertakes a compliance check.

The employer's documentation should tell a consistent story about the sponsored employment. The Certificate of Sponsorship, employment contract, job description, payroll information, working hours and actual duties should not contradict one another.

Good record keeping also assists the employer when sponsorship needs to be extended, the worker changes role or the organisation later needs to establish why a particular sponsorship decision was made.

3. Reporting changes

Licensed sponsors are required to report specified changes to the Home Office within the applicable timescales.

Reportable events can concern either the sponsored worker or the sponsoring organisation.

Depending on the circumstances and the sponsor guidance in force, worker-related events can include changes concerning:

• employment ending earlier than expected;
• the worker failing to start employment;
• certain absences;
• salary;
• job duties;
• work location;
• working arrangements; and
• other matters affecting the basis on which sponsorship was granted.

Organisational changes can also trigger sponsor action. Changes to business details, ownership, structure or circumstances should be assessed promptly rather than being treated solely as Companies House, payroll or commercial administration matters.

Employers should distinguish between three different outcomes when employment circumstances change:

• a change that can continue under the existing immigration permission but requires reporting through the Sponsor Management System;
• a change that is sufficiently significant to require a new Certificate of Sponsorship and a new immigration application before the worker can undertake the changed employment; and
• a change that does not require Home Office action under the applicable sponsor rules.

The correct outcome depends on the nature of the change, the worker's immigration route and the rules and sponsor guidance applying at the time.

Employers should therefore avoid assuming that every employment change can simply be reported through the Sponsor Management System. Reporting a change does not cure a situation where the immigration rules require fresh sponsorship and new immigration permission.

4. Changes to the role or employment

Sponsored workers are recruited and granted immigration permission on the basis of particular employment. Changes made after the worker starts can therefore have immigration consequences.

Employers should assess proposed changes before implementation where they affect matters such as:

• job title;
• substantive duties;
• occupation code;
• salary;
• weekly working hours;
• work location;
• working arrangements;
• promotion or transfer;
• periods of unpaid absence; or
• termination of employment.

Some changes may be capable of being made under the worker's existing immigration permission, potentially with a sponsor reporting requirement. Other changes may alter the employment sufficiently that fresh sponsorship and a new immigration application are required before the worker undertakes the changed role.

The employer should establish the immigration position before implementing the change rather than attempting to correct the sponsorship record retrospectively.

Corporate changes require particular care. A merger, acquisition, change of ownership, TUPE transfer, restructuring, business sale or other organisational event can affect sponsor licensing arrangements as well as individual workers.

Sponsor licences are not simply transferable assets that automatically move between legal entities. Depending on the transaction, action may be required in relation to existing licences, new sponsor licence applications, sponsored workers and Home Office reporting.

Immigration due diligence should therefore form part of relevant corporate transactions where sponsored workers are affected. Leaving sponsor licence questions until after completion can create avoidable risk for both the organisation and its sponsored workforce.

International recruitment should ultimately be viewed as a continuing employer responsibility: recruit correctly, sponsor correctly, employ in accordance with the permission granted and manage subsequent changes through appropriate sponsor and immigration processes.

↑ Back to top

Section P: International Recruitment Risks for Employers

International recruitment can give employers access to skills and experience that are difficult to secure within the domestic labour market, but immigration requirements introduce additional points of risk into the recruitment process.

Problems often arise not because an employer deliberately breaches the rules, but because recruitment, sponsorship and immigration decisions are made separately. A role may be approved before its immigration eligibility is checked, a candidate may receive an offer before their immigration position is understood, or a Certificate of Sponsorship may be assigned using information that does not accurately reflect the eventual employment.

Employers can reduce these risks by treating immigration as part of the recruitment decision from the outset and applying a consistent approval process before the organisation becomes committed to the appointment.

1. Choosing the wrong immigration route

Using the wrong immigration route can undermine an otherwise viable international recruitment.

The route should reflect the worker's circumstances, the nature of the employment and the commercial purpose of the arrangement. Employers should not assume that Skilled Worker sponsorship is appropriate for every international hire or that another route should be used simply because it appears faster or less expensive.

Risk can arise where:

• the proposed route does not permit the intended employment;
• the worker cannot satisfy the route-specific requirements;
• the employer misunderstands whether sponsorship is required;
• a temporary or specialist route is used for employment that does not fit its purpose;
• the worker's existing immigration status is assumed to cover work that it does not permit; or
• the organisation overlooks a more appropriate immigration route available to the individual.

Route selection should therefore take place before sponsorship documents are prepared or immigration applications are submitted.

2. Occupation code and job eligibility errors

Incorrect occupation classification can affect both the eligibility of the job and the salary requirements applying to the sponsorship.

The employer should select the occupation code that most accurately reflects the worker's actual duties and responsibilities. Selecting a code because it produces a more favourable immigration outcome can expose the sponsorship to Home Office scrutiny.

Problems can also arise where the job description has been written around an occupation code rather than the occupation code being selected to reflect the genuine vacancy.

The Home Office may consider whether:

• the vacancy genuinely exists;
• the occupation code accurately reflects the work;
• the stated duties correspond with the actual role;
• the level of the position is credible within the organisation;
• the salary is consistent with the employment described; and
• the organisation has a genuine commercial requirement for the worker.

The employer should be capable of explaining the role without relying solely on the wording used for immigration purposes.

3. Salary and working arrangement failures

Salary errors can result in a proposed sponsored recruitment failing even where the occupation itself is eligible.

Employers should assess the applicable salary requirements using the Immigration Rules in force at the relevant sponsorship and application stage. The assessment may need to consider the general salary requirement, occupation-specific going rate, working hours and any provision relied upon for a different salary requirement.

Risk can arise from:

• relying only on a headline minimum salary figure;
• using the wrong occupation going rate;
• incorrectly calculating the effect of working hours;
• assuming that a part-time salary can always be assessed by simple pro-rating;
• counting remuneration that cannot be relied upon under the applicable rules;
• incorrectly applying a reduced or alternative salary provision; or
• changing salary or hours after sponsorship without assessing the immigration consequences.

Salary, contractual hours, payroll arrangements, the Certificate of Sponsorship and the worker's actual employment should remain consistent with the basis on which sponsorship was granted.

4. Candidate eligibility problems

An employer can identify an eligible role and still be unable to recruit its preferred candidate if the worker does not satisfy the requirements of the intended immigration route.

Potential issues can concern English language requirements, existing immigration status, the ability to apply from within the UK, previous immigration history, route-specific requirements or supporting evidence.

Assigning a Certificate of Sponsorship does not guarantee that the worker will receive immigration permission.

Employers should therefore identify material eligibility concerns before becoming dependent on the candidate joining the organisation. Where an issue requires additional evidence, testing or a different immigration strategy, early assessment can prevent avoidable delay and expenditure.

5. Inappropriate or inaccurate sponsorship

The Certificate of Sponsorship is an important Home Office record and should accurately describe the employment being offered.

Errors involving the occupation code, salary, hours, duties, work location or employment dates can affect the worker's immigration application and can create wider sponsor compliance concerns.

Employers should avoid treating CoS assignment as a purely administrative data-entry exercise. The information being entered should be checked against the underlying recruitment decision and employment documentation.

Risk is increased where:

• the role has changed since recruitment began;
• different departments hold inconsistent information about the vacancy;
• salary negotiations have altered the employment package;
• working arrangements or locations have changed;
• the person assigning the CoS does not understand the underlying role; or
• the sponsorship is rushed to meet an unrealistic start date.

A controlled internal sponsorship approval process can help ensure that the information submitted to the Home Office reflects the employment the worker will actually undertake.

6. Unrealistic recruitment and start dates

Commercial urgency can create immigration risk where an employer promises a start date before establishing how long sponsorship and immigration processing will take.

An international recruitment may involve sponsor licensing, Certificate of Sponsorship processes, immigration application preparation, Home Office processing, relocation and right to work checks.

Delays can also arise where further evidence is required or the Home Office undertakes additional checks.

Employers should avoid allowing recruitment pressure to result in the worker beginning employment before the necessary permission is in place.

Where the worker requires entry clearance to take up employment in the UK, the required permission must be obtained before the individual travels to the UK for that purpose.

Where an existing sponsored worker is moving to a new sponsor, the worker must not normally begin the new sponsored employment until the required new immigration permission has been granted, subject to any specific provision of the Immigration Rules permitting otherwise.

Realistic immigration lead times should therefore be incorporated into vacancy planning, employment offers and operational resourcing decisions.

7. Employing someone without the required right to work

One of the most serious risks is allowing an international recruit to begin work without establishing that they have the right to undertake the specific employment.

Sponsorship does not replace the employer's right to work obligations. Neither assignment of a Certificate of Sponsorship nor submission of an immigration application is, by itself, evidence that the worker can lawfully start the role.

The employer should complete the prescribed right to work check applicable to the worker's circumstances before employment begins and retain the required evidence.

Failure to prevent illegal working can expose an employer to substantial financial penalties and other enforcement consequences. For licensed sponsors, illegal working and deficient right to work controls can also create sponsor licence risk.

Right to work compliance should therefore operate as a mandatory gateway within the onboarding process.

8. Failing to manage ongoing sponsor obligations

Risk continues after a successful international recruit starts work.

Licensed sponsors must maintain appropriate records, report specified events and manage sponsored workers in accordance with the sponsor requirements.

Common operational weaknesses can include:

• poor communication between HR and sponsor licence personnel;
• unreported changes to sponsored employment;
• inadequate record keeping;
• failure to identify relevant absences;
• changes to salary, hours or duties being implemented without immigration review;
• failure to report workers who do not start or who leave employment;
• outdated Sponsor Management System information; and
• corporate changes being completed without considering sponsor licence consequences.

Home Office compliance action can extend beyond the circumstances of one worker. Concerns identified during an individual sponsorship case can prompt wider scrutiny of the organisation's sponsor systems and sponsored workforce.

Depending on the circumstances, sponsor compliance failures can result in Home Office action against the licence, potentially affecting the organisation's ability to recruit and retain sponsored workers.

International recruitment risk should therefore be managed across the complete worker lifecycle rather than only at the visa application stage.

A robust employer process connects workforce planning, immigration route selection, job and salary assessment, worker eligibility, sponsorship, right to work and continuing compliance. Each stage should confirm that the recruitment remains lawful and viable before the organisation moves to the next.

↑ Back to top

Section Q: How DavidsonMorris Can Help

Recruiting international workers requires employers to coordinate recruitment, immigration, sponsorship and workforce compliance. Decisions made at the beginning of the recruitment process can determine whether the proposed hire is legally possible, how much it will cost and when the worker can realistically start.

DavidsonMorris advises UK employers across the international recruitment lifecycle, from initial workforce planning and immigration strategy through to sponsor licensing, worker sponsorship, immigration applications, right to work and ongoing sponsor compliance.

Our employer-focused approach considers the immigration requirements alongside the organisation's commercial objectives, recruitment timetable and wider workforce arrangements.

1. International recruitment and workforce planning

Immigration considerations are best addressed before an employer becomes committed to a particular candidate or start date.

DavidsonMorris can advise employers at the planning stage on matters including:

• whether the proposed international recruitment is likely to require sponsorship;
• the immigration options potentially available for the worker;
• whether the proposed role is capable of supporting the intended immigration route;
• occupation classification and the immigration implications of the role;
• salary requirements and proposed working arrangements;
• the candidate's existing immigration position;
• whether the organisation needs a sponsor licence;
• likely immigration stages and dependencies;
• international recruitment costs; and
• realistic recruitment and employment start dates.

Early assessment can identify problems while the employer still has flexibility over the recruitment. It can also help organisations determine whether sponsorship is the appropriate solution or whether the worker can be employed under an existing or alternative immigration status.

For employers undertaking repeated or higher-volume international recruitment, we can also support the development of a more structured immigration strategy aligned with workforce demand rather than addressing each vacancy in isolation.

2. Immigration route and sponsorship advice

Where immigration permission is required, DavidsonMorris can advise on the route that best reflects the proposed employment and the worker's circumstances.

Our work can include assessing:

• Skilled Worker sponsorship;
• Health and Care Worker eligibility within the Skilled Worker route;
• Global Business Mobility routes;
• other sponsored and specialist work routes;
• existing immigration permission that may allow employment without sponsorship; and
• future immigration requirements where a worker currently has time-limited permission to work without sponsorship.

For sponsored recruitment, we can advise on the relationship between the immigration route, occupation code, job duties, salary, working hours and worker eligibility before the employer proceeds with sponsorship.

Where an organisation is considering several candidates or recruitment models, advice can also be used to compare the immigration implications of the available options before a final appointment is made.

3. Sponsor licence support

Employers that need to sponsor workers must hold a sponsor licence covering the relevant route.

DavidsonMorris supports organisations applying for their first sponsor licence as well as established sponsors reviewing or extending their existing arrangements.

Support can include:

• assessing sponsor licence eligibility;
• identifying the routes the organisation needs to sponsor under;
• preparing the sponsor licence application;
• reviewing supporting documentation;
• advising on sponsor licence key personnel;
• reviewing HR and compliance systems;
• preparing for possible Home Office compliance scrutiny;
• advising on Sponsor Management System arrangements; and
• addressing issues affecting an existing sponsor licence.

Where recruitment is dependent on obtaining a sponsor licence, we can also help employers structure the application and worker sponsorship stages around the required recruitment timetable.

Sponsor licensing should be considered in the wider context of the organisation's workforce strategy. Employers expecting continued international recruitment may benefit from establishing sponsorship capability before an urgent vacancy makes the process time-sensitive.

4. Sponsoring international workers

For licensed sponsors, DavidsonMorris can support the individual worker sponsorship process.

Depending on the circumstances, this can include advice on:

• job eligibility;
• occupation code selection;
• salary and going rate requirements;
• working hours and remuneration;
• the genuineness of the proposed role;
• Defined and Undefined Certificates of Sponsorship;
• Certificate of Sponsorship assignment;
• the Immigration Skills Charge;
• worker eligibility; and
• the immigration application process following sponsorship.

Our role is to help employers ensure that the sponsorship reflects the actual employment being offered and that relevant immigration requirements have been considered before information is submitted to the Home Office.

Where issues arise during recruitment, advice can be provided before sponsorship proceeds, allowing the organisation to understand the implications and available options.

5. Worker immigration applications

International recruitment frequently requires coordination between the employer's sponsorship activity and the worker's immigration application.

DavidsonMorris can support sponsored workers and employers through the application process, helping to ensure that the information provided by the worker is consistent with the sponsorship and proposed employment.

Depending on the route and circumstances, support can include:

• assessing worker eligibility;
• identifying application requirements;
• reviewing supporting evidence;
• preparing and submitting immigration applications;
• coordinating applications with sponsorship and proposed start dates;
• advising on dependant applications where applicable; and
• responding to issues arising during Home Office consideration.

For overseas recruitment, the process can also be coordinated with entry clearance and the worker's proposed relocation to the UK.

For candidates already in the UK, advice can address their existing immigration status, whether an in-country application is available and when they can lawfully begin the proposed employment.

6. Right to work and onboarding

Obtaining immigration permission does not remove the employer's responsibility to complete the appropriate right to work process before employment starts.

DavidsonMorris advises employers on right to work compliance, including:

• the prescribed checking method applicable to the worker;
• Home Office online right to work checks;
• manual document checks where applicable;
• eligible digital identity verification;
• time-limited permission;
• follow-up right to work checks;
• the Employer Checking Service;
• Positive Verification Notices; and
• right to work systems and record keeping.

Right to work procedures can also be reviewed across the wider workforce rather than only for sponsored employees. A consistent process can help employers reduce illegal working risk and maintain the evidence required for a statutory excuse where the prescribed requirements are met.

7. Ongoing sponsor compliance

Successful recruitment is only the beginning of the sponsor relationship. Employers sponsoring international workers need to maintain appropriate systems throughout the period of sponsored employment.

DavidsonMorris advises sponsors on matters including:

• sponsor duties;
• record keeping;
• reporting obligations;
• changes to sponsored employment;
• salary and working-hour changes;
• changes in duties or occupation;
• changes to work location or working arrangements;
• employee departures and absences;
• Sponsor Management System administration;
• Home Office compliance visits and audits; and
• corporate changes affecting the sponsor licence or sponsored workforce.

Support can also extend to sponsor licence reviews and compliance audits designed to identify weaknesses before they become the subject of Home Office action.

Where an organisation is undergoing a merger, acquisition, restructuring, TUPE transfer, change of ownership or other corporate event, immigration advice can help identify the sponsor licence and worker implications before the transaction or workforce change is implemented.

DavidsonMorris can support employers across the complete international recruitment journey: workforce planning → immigration strategy → sponsor licensing → worker sponsorship → immigration applications → right to work → ongoing compliance.

↑ Back to top

Section R: Frequently Asked Questions

The following questions address common issues for UK employers considering or undertaking international recruitment. The immigration position will depend on the worker's individual circumstances, the proposed employment and the rules in force at the relevant time.

1. Can a UK company recruit workers from overseas?

Yes. UK employers can recruit workers directly from overseas, provided the individual has or obtains immigration permission allowing them to undertake the proposed employment.

Where the worker needs a sponsored work route, the employer will generally need to hold a sponsor licence covering that route, assign the appropriate Certificate of Sponsorship and ensure the proposed job meets the relevant requirements. The worker must then obtain the required immigration permission before travelling to the UK for the purpose of taking up that employment.

The employer must also complete the appropriate prescribed right to work check before employment begins.

2. Do international workers need sponsorship?

Not necessarily. International worker and sponsored worker are not interchangeable terms.

Some individuals already have immigration status allowing them to work for a UK employer without sponsorship. Depending on their individual circumstances and the conditions attached to their status, this can include people with settlement, qualifying status under the EU Settlement Scheme, eligible dependant permission, Graduate permission or another immigration status carrying the required right to work.

Other workers will need employer sponsorship under a route such as Skilled Worker.

The employer should establish the individual's immigration status and what that status permits rather than determining the sponsorship requirement from nationality alone.

3. Do I need a sponsor licence to employ an international worker?

You need a sponsor licence where the worker needs to use an immigration route requiring sponsorship by a licensed employer.

For example, an organisation sponsoring a worker under the Skilled Worker route must hold a sponsor licence covering that route before assigning the required Certificate of Sponsorship.

A sponsor licence is not required merely because an employee is an overseas national. Where the individual already has immigration permission allowing the proposed employment without sponsorship, the employer can potentially recruit them without becoming their sponsor, subject to completing the appropriate right to work process.

4. Can I employ an international worker without sponsorship?

Yes, where the worker has immigration status that permits the proposed employment without employer sponsorship.

The employer should check the precise conditions attached to the individual's status. Some immigration categories provide broad permission to work, while others impose restrictions concerning the type of employment, working arrangements or duration of permission.

Even where sponsorship is not required, the employer must establish that the individual has the right to undertake the specific work being offered and complete the prescribed right to work check.

5. Which jobs are eligible for sponsorship?

Job eligibility depends on the immigration route being used and the requirements in force at the relevant sponsorship and application stage.

For Skilled Worker sponsorship, the employer needs to identify the occupation classification that accurately reflects the worker's actual duties and determine whether the occupation is eligible under the applicable rules.

The job must also meet other relevant requirements, including the applicable salary provisions, and the vacancy must represent genuine employment.

Employers should select an occupation code according to the substantive role rather than choosing a code because it produces a preferred immigration or salary outcome.

6. What salary do I need to pay an international worker?

There is no single salary figure that applies to every international worker or sponsored job.

Under the Skilled Worker route, the salary assessment can involve an applicable general salary requirement and an occupation-specific going rate. Different provisions can apply in specified circumstances, depending on matters such as the worker's position under the Immigration Rules and the occupation concerned.

Working hours and the composition of the remuneration package can also affect the assessment.

Employers should therefore calculate the required salary for the specific worker and role using the Immigration Rules in force at the relevant sponsorship and application stage rather than relying on a historic or headline threshold.

7. How much does it cost to recruit an international worker?

The total cost depends on whether sponsorship is required, the immigration route, the duration of the worker's permission, the employer's sponsor licence position and which worker-side costs the organisation chooses to fund.

Potential employer expenditure can include sponsor licence fees, Certificate of Sponsorship fees, the Immigration Skills Charge where applicable, professional fees and recruitment or relocation expenditure.

The worker may also incur immigration application fees, the Immigration Health Surcharge where applicable and other application-related costs.

Certain sponsorship costs must remain with the employer. In particular, where the Immigration Skills Charge applies, it must be paid by the sponsor and must not be passed on to the sponsored worker. Employers should check the current sponsor requirements before seeking to recover any sponsorship-related expenditure from an employee.

8. How long does it take to recruit a worker from overseas?

The timetable varies according to the circumstances.

An employer that already holds a sponsor licence covering the relevant route may be able to proceed directly to the worker sponsorship stage once the role and candidate have been assessed.

An employer without the necessary sponsor licence will generally need to complete the sponsor licence process before it can assign sponsorship, adding another stage to the recruitment timetable.

The worker will then need to prepare and submit the immigration application and wait for the Home Office decision. Further time may be required for evidence, checks, travel and relocation.

Priority services may be available for some sponsor and immigration processes, subject to eligibility, capacity and Home Office service availability. Employers should not assume priority processing will be available when setting the proposed start date.

9. Can I recruit an international worker who is already in the UK?

Yes, but the employer should first establish the individual's existing immigration status and whether it permits the proposed employment.

Some workers can change employer without sponsorship. Others may need a new immigration application before undertaking the new role.

Where an existing sponsored worker is moving to a new sponsor, the recruiting organisation will generally need to complete the required sponsorship process and the worker will need new immigration permission for the new sponsored employment.

The worker must not normally begin the new sponsored role until the required new permission has been granted, subject to any specific provision of the Immigration Rules permitting otherwise.

10. Can I employ an international student?

Potentially. A person with Student immigration permission may be allowed to work, but the conditions attached to that permission can restrict the employment they are permitted to undertake.

The employer should check the individual's actual immigration conditions, including any restrictions relevant to the proposed work and the worker's circumstances at the time.

Employers should not apply a general assumption about permitted working hours to every international student. The right to work assessment should reflect the individual's status, course circumstances and the conditions applying to their permission.

Where the employer intends the individual to move into sponsored employment, the timing and requirements of the relevant immigration application should also be considered before the proposed sponsored role begins.

11. Can I employ someone on the Graduate route?

Graduate permission can allow an individual to undertake employment without the employer sponsoring them, subject to the conditions applying to their immigration status.

The Graduate route is time-limited. An employer recruiting someone with Graduate permission should therefore check the expiry date and consider what immigration arrangement may be required if the organisation wants to retain the worker beyond their existing permission.

Where the worker is expected to move into Skilled Worker or another sponsored status later, future sponsorship can be considered as part of workforce planning even though the employer does not need to sponsor the individual at the point of initial recruitment.

12. When can an international worker start work?

An international worker should only start once they have immigration permission that allows them to undertake the specific work being offered and the employer has completed the appropriate prescribed right to work check.

Assignment of a Certificate of Sponsorship does not give the worker permission to start employment. Submission of an immigration application does not, by itself, establish a right to undertake the new role.

Where a worker requires entry clearance to take up employment in the UK, the required permission must be obtained before the individual travels to the UK for that purpose.

Where an existing sponsored worker is changing employer, their current permission connected to the previous sponsor will not normally be sufficient to begin the new sponsored employment. The required new immigration permission must normally be granted before the new role starts, subject to any specific provision of the Immigration Rules permitting otherwise.

The employer should therefore treat the right to work check as the final immigration gateway before the international recruit begins employment.

↑ Back to top

Section S: Conclusion

Recruiting international workers can provide UK employers with access to specialist skills, experience and talent that may not otherwise be available within the organisation's existing recruitment market. The immigration implications, however, need to be considered as part of the recruitment decision rather than addressed only after a preferred candidate has been selected.

The starting point is to establish the proposed role and the worker's immigration position. An international worker does not necessarily require sponsorship, and employers should first determine whether the individual already has immigration permission allowing them to undertake the proposed employment.

Where sponsorship is required, the employer needs to identify the appropriate immigration route and establish that the organisation, job and worker can satisfy their respective requirements.

For sponsored recruitment, the process can involve:

• defining the genuine workforce requirement;
• selecting the appropriate immigration route;
• establishing whether the job is eligible;
• identifying the correct occupation code;
• checking the applicable salary and going rate requirements;
• assessing the worker's eligibility;
• confirming that the employer holds a sponsor licence covering the relevant route;
• obtaining and assigning the appropriate Certificate of Sponsorship;
• paying applicable employer sponsorship costs;
• supporting the worker through the immigration application process where appropriate;
• allowing sufficient time for the required immigration permission to be obtained;
• completing the prescribed right to work check before employment begins; and
• managing the worker in accordance with continuing sponsor and immigration requirements after they start.

Employers should avoid treating these as isolated administrative tasks. Decisions about the occupation code can affect job eligibility and salary. Salary and working hours can affect sponsorship eligibility. The worker's existing immigration status can determine whether sponsorship is required at all. The employer's sponsor licence position can materially affect the recruitment timetable.

Timing is particularly important. Assignment of a Certificate of Sponsorship does not give the worker immigration permission, and submission of an immigration application does not automatically allow the individual to begin the proposed employment. The employer should establish when the worker is legally permitted to undertake the specific role and complete the appropriate right to work process before employment starts.

International recruitment also creates responsibilities that can continue throughout the employment relationship. Sponsored employers need appropriate systems for record keeping, reporting, changes to employment and other sponsor duties. Material changes to a worker's role, salary, hours, location or employment circumstances should be assessed for immigration consequences before they are implemented.

Corporate changes can require similar attention. Mergers, acquisitions, restructurings, TUPE transfers, changes of ownership and other business changes can affect sponsor licences and sponsored workers and should be considered as part of the organisation's wider immigration compliance arrangements.

For employers recruiting internationally on a recurring basis, the most effective approach is therefore to integrate immigration into workforce planning, recruitment governance and HR operations. Doing so allows the organisation to identify viable candidates earlier, budget more accurately, set realistic start dates and reduce the risk of recruitment decisions conflicting with immigration or sponsorship requirements.

The core employer journey remains straightforward even where the underlying rules are detailed:

Plan the role → establish the worker's immigration position → choose the appropriate route → check the job → check the salary → check the worker → confirm sponsor licence requirements → sponsor where required → obtain immigration permission → complete the right to work check → manage ongoing compliance.

International recruitment works best when immigration is treated as part of the employment strategy from the beginning. Employers that understand the requirements before making the appointment are better placed to recruit internationally with realistic costs and timescales while protecting their ability to employ and retain overseas talent lawfully.

↑ Back to top

Section T: Glossary

The following terms are commonly used when recruiting and employing international workers in the UK. Immigration terminology can have specific legal and operational meanings, so employers should understand how these terms relate to the recruitment, sponsorship and employment process.

↑ Back to top

Section U: Useful Links & Resources

The following official resources provide further information for employers recruiting international workers, sponsoring workers and carrying out right to work checks. Home Office immigration rules, sponsor guidance, fees and operational requirements are subject to change, so employers should refer to the current version of the relevant guidance when making recruitment and sponsorship decisions.

↑ Back to top