Overview of the Skilled Worker Sponsorship
The Skilled Worker route allows eligible UK employers to sponsor overseas workers for qualifying jobs. It is one of the main immigration routes used by UK businesses to recruit international employees where the individual does not already have permission to work in the UK.
For an employer, Skilled Worker sponsorship involves more than offering a job to an overseas candidate. The employer must hold the appropriate sponsor licence, the role must meet the immigration requirements and the worker must qualify for the visa.
Who Can Be Sponsored?
A worker generally needs to have:
- A confirmed eligible job offer
- A Certificate of Sponsorship from an approved UK employer
- An eligible occupation
- The required salary
- The required English language ability
- The necessary qualifications or professional registration where applicable
The employer must also be authorised to sponsor workers under the Skilled Worker route.
The role and worker should be assessed before sponsorship is assigned. Sponsoring a worker does not itself guarantee that the worker’s visa application will be successful.
Employer Sponsor Licence
A business normally needs a valid sponsor licence before it can sponsor a Skilled Worker.
The organisation must demonstrate that it is suitable to act as a sponsor and has appropriate systems for managing sponsored employees.
Employers are expected to understand their sponsorship responsibilities and maintain suitable records throughout the sponsorship relationship.
Certificate of Sponsorship
Once an employer has the necessary licence, it may assign a Certificate of Sponsorship (CoS) to an eligible worker.
A CoS is an electronic record containing information about the proposed employment. The worker uses the CoS reference number when making their visa application.
The information on the certificate should accurately reflect the actual role, salary, working arrangements and other relevant details.
Employers should therefore ensure that the employment contract, job description, CoS and visa application are consistent.
Eligible Occupation
The role must be included within the list of occupations eligible for Skilled Worker sponsorship.
The employer must identify the appropriate occupation code and ensure that the duties of the actual role correspond with that occupation.
It is important that a business does not simply choose an occupation code because it appears to meet the salary requirement. The role must genuinely correspond to the occupation being sponsored.
Salary Requirements
The standard Skilled Worker salary requirement is generally the higher of £41,700 per year or the applicable going rate for the occupation. However, different salary provisions can apply in certain circumstances, including some applicants with relevant PhD qualifications, new entrants and jobs on the Immigration Salary List.
Because salary requirements vary according to the circumstances, employers should check the current rules before assigning sponsorship.
Skilled Worker Sponsorship Duties
Employers have ongoing responsibilities after sponsoring a worker.
These include keeping relevant records, monitoring the worker’s immigration status and attendance, maintaining contact details and reporting certain changes to UKVI.
For example, employers may need to report circumstances such as:
- A worker failing to start employment
- Unauthorised or significant absence
- Changes to the worker’s role
- Changes to salary
- Changes affecting the organisation
- Certain changes to the worker’s employment
Changes to Employment
A sponsored worker’s circumstances may change during their employment.
A business may want to change the worker’s job duties, salary, occupation code or work arrangements. Some changes may require an update to the worker’s immigration permission before they take effect.
Employers should therefore obtain immigration advice before making significant changes to sponsored employment.
Sponsoring Existing Employees
Businesses may also need to sponsor individuals who are already working for them.
For example, an employee may have held a different form of immigration permission that is approaching expiry and may need to switch into the Skilled Worker route.
The employee’s current status, role, salary and immigration history should be reviewed before the business proceeds.
Skilled Worker Extensions
Skilled Workers may be able to extend their permission where they continue to meet the relevant requirements.
The employer must continue to hold the appropriate sponsor licence and the role and salary must meet the requirements applicable at the time of the application.
How We Can Help
We advise businesses on all stages of Skilled Worker sponsorship, including sponsor licence requirements, occupation codes, salary requirements, Certificates of Sponsorship and ongoing sponsor duties.
We can also assist with sponsorship issues involving existing employees, extensions, changes of employment and compliance concerns.
For businesses relying on international recruitment, getting the sponsorship process right from the beginning can help avoid unnecessary delays and immigration problems.