The Skilled Worker visa is a cornerstone of the UK’s post-Brexit immigration system, allowing UK-based employers to recruit international talent for eligible roles. However, hiring overseas workers under this route comes with significant responsibilities. Employers must be licensed sponsors, and they are required to meet strict compliance standards set by UK Visas and Immigration (UKVI).

1. Becoming a licensed sponsor

To hire a Skilled Worker from overseas, an employer must first obtain a sponsorship licence. This process involves:

• Proving that the business is genuine and is operating lawfully in the UK.
• Demonstrating a legitimate need to sponsor workers.
• Showing that appropriate systems are in place to manage sponsorship duties.

Employers must apply through UKVI, and they may be subject to a site visit.

2. Understanding sponsorship duties

Once licensed, employers take on several critical duties to ensure compliance with immigration law. These include:

a. Record-keeping.

Sponsors must retain accurate and up-to-date records for each sponsored worker, including:

• Passport and visa documents
• Evidence of right-to-work checks
• Contact details and employment records
• Absence records

b. Monitoring and reporting.

Sponsors are expected to track and report specific changes to UKVI within 10 working days, such as:

• If a sponsored worker does not start their role
• Changes to job title, salary, or work location
• Unauthorised absences
• Termination of employment or change in immigration status

Failure to meet these duties can result in licence suspension or revocation.

3. Issuing Certificates of Sponsorship (CoS)

A Certificate of Sponsorship is an electronic record issued by a UK employer to a Skilled Worker. It confirms their eligibility for a visa to work in the UK. Each CoS has its own unique reference number, which a Skilled Worker can use to apply for a visa. There are two types:

• Defined CoS: for workers applying from outside the UK.
• Undefined CoS: for workers already in the UK or switching visa categories.

Employers must assign the correct type of CoS and ensure the job meets the salary and skill thresholds required by UKVI.

4. Meeting salary and skill requirements

Sponsored roles must meet specific criteria:

• Be on the list of eligible occupations.
• Meet minimum salary thresholds (whichever is the highest of £38,700 gross per annum or the “going rate” for the type of role a Skilled Worker will fulfil, though variations apply depending on the role, age, and the applicant’s circumstances).

Employers must be able to offer genuine employment and ensure the job duties align with the requirements of the Standard Occupational Classification (SOC) codes.

5. Providing support for visa applications

While the visa application is made by the worker, employers play a key role in supporting the process by:

• Assigning the CoS accurately.
• Providing employment letters or supporting documents.
• Assisting with relocation or onboarding, where appropriate.

Employers may also choose to cover visa costs or the Immigration Health Surcharge as part of a benefits package.

6. Renewal, audits and compliance

UKVI may carry out compliance visits before granting a sponsor licence or at any time during the licence validity period. Sponsors must always be compliance audit-ready and able to demonstrate robust HR systems and processes.

Sponsors must also keep up-to-date with any changes in immigration rules to maintain their sponsor licence in good standing.

The Skilled Worker visa provides access to a global talent pool—but this opportunity comes with significant responsibility. Failure to comply with sponsorship duties can lead to serious consequences, including licence revocation and substantial fines.

If your business is considering sponsoring overseas workers, our immigration team can guide you through the process, from licence application to ongoing compliance. Contact us today to ensure your business meets all sponsorship requirements and remains compliant with UK immigration laws.

Updated: 28.05.2025

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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