Sponsoring a Skilled Worker visa holder comes with significant legal obligations. Failing to meet them can result in fines, licence revocation, and even criminal prosecution. If you hold a sponsor licence, you must comply with these duties throughout the employee's sponsorship.
Before Hiring
- Genuine vacancy test — the role must be a genuine position, not created solely to enable sponsorship
- Skill level — the role must be at RQF Level 3 or above (equivalent to A-levels)
- Salary threshold — the role must meet the going rate for the occupation or the general salary threshold (currently £38,700 or the occupation-specific rate, whichever is higher). Reduced rates apply for new entrants and certain shortage occupations
- Certificate of Sponsorship (CoS) — you must assign a CoS through the Sponsorship Management System before the worker applies for their visa
Ongoing Reporting Duties
You must report changes within 10 working days, including:
- The worker doesn't start the job
- The worker is absent without permission for 10 consecutive working days
- The job role, salary, or working hours change significantly
- The worker's employment ends (for any reason)
- Your organisation details change (address, ownership, etc.)
Record-Keeping
- Copy of the worker's passport and visa/BRP
- Contact details (UK address, phone number)
- Evidence of right to work checks
- Attendance and absence records
- Job description and employment contract
Consequences of Non-Compliance
- Licence downgrade — from A-rating to B-rating, requiring an action plan
- Licence revocation — you lose the ability to sponsor any workers
- Civil penalties — fines of up to £60,000 per illegal worker
- Criminal prosecution — in serious cases of knowingly employing illegal workers
Our compliance audit service reviews your immigration record-keeping and sponsor duties. Get in touch.