UK Visa Sponsorship: Employer & Applicant Guide

UK visa sponsorship is the statutory process allowing authorised British businesses to recruit international workers to fill eligible, skilled roles that cannot be sourced from the settled domestic labour market. To employ an overseas national, an employer must first secure a sponsor licence from the Home Office and assign a digital Certificate of Sponsorship to the candidate, who must then meet mandatory English language, salary, and skill criteria to obtain their entry clearance or permission to stay. This guide details the legal framework, step-by-step procedures, financial thresholds, document requirements, and compliance obligations governing both sponsors and applicants.

Understanding the UK Visa Sponsorship System

UK visa sponsorship operates under a points-based immigration system governed by the Immigration Rules. Sponsorship serves as a legal guarantee provided by a UK-based organisation to the Home Office that an overseas worker is genuinely qualified for an eligible role, will be remunerated at or above statutory pay thresholds, and will abide by the conditions of their visa.

Sponsorship is not a personal endorsement. It is a regulated legal mechanism. When an organisation becomes a licensed sponsor, it assumes specific statutory duties to assist the Home Office in monitoring foreign nationals working in the UK.

The Legal Framework: Sponsor Licences and Certificates of Sponsorship

The sponsorship ecosystem consists of two core components:

1. The Sponsor Licence: Granted to the employing entity after the Home Office confirms the organisation is genuine, operating legally in the UK, and capable of fulfilling its compliance, reporting, and record-keeping duties.
2. The Certificate of Sponsorship (CoS): An electronic record generated on the Home Office Sponsor Management System (SMS). It contains a unique reference number that the migrant worker uses to link their individual visa application to their sponsoring employer.

A CoS does not guarantee a visa. It is a mandatory prerequisite that enables the worker to apply under a sponsored work route.

Key Visa Routes Requiring Sponsorship

While the Skilled Worker visa is the most common sponsored immigration route, several other categories require formal Home Office sponsorship:

• Skilled Worker Visa: The primary route for hiring overseas professionals to fill permanent or fixed-term skilled vacancies at Regulated Qualifications Framework (RQF) Level 3 or above.
• Health and Care Worker Visa: A sub-category of the Skilled Worker route offering lower visa fees and exemption from the Immigration Health Surcharge (IHS) for qualified doctors, nurses, adult social care professionals, and allied healthcare staff.
• Global Business Mobility (GBM) Routes: Includes the Senior or Specialist Worker visa (for intra-company transfers of established personnel), Graduate Trainee visa, UK Expansion Worker visa, Service Supplier visa, and Secondment Worker visa.
• Scale-up Visa: For fast-growing UK businesses that meet specific turnover or employment growth metrics, allowing them to sponsor high-skilled workers who can subsequently transition to an unsponsored status after six months.
• Temporary Worker Routes: Covering Government Authorised Exchange, Creative Worker, Charity Worker, Religious Worker, and International Agreement visas.

Step 1: Employer Obtains a Home Office Sponsor Licence

Before an organisation can assign a CoS, it must apply for and be granted an appropriate sponsor licence by UK Visas and Immigration (UKVI).

Eligibility and Organisational Suitability

To be eligible for a sponsor licence, the business must establish that:

• It is a genuine organisation operating lawfully in the UK, supported by corporate documentation such as Companies House registrations, VAT certificates, PAYE records, and commercial bank statements.
• It has an unspent corporate criminal record and no history of immigration violations, illegal working civil penalties, or unspent convictions for fraud, money laundering, or human trafficking among its key personnel.
• It has robust Human Resources (HR) and recruitment systems capable of monitoring employee attendance, tracking visa expiry dates, maintaining right-to-work records, and reporting changes within statutory timeframes.
• It can offer genuine employment at the required skill level and salary floor.

If UKVI suspects that a business was established purely to facilitate visa applications for individuals connected to the owners, the application will be refused under genuine vacancy and suitability grounds.

Key Personnel Roles

The Home Office requires every licence holder to nominate specific individuals to manage the licence. These Key Personnel must generally be based in the UK and undergo background security checks:

• Authorising Officer (AO): The most senior person in the business responsible for recruitment and HR policies. The AO is legally responsible for the actions of all staff who use the SMS and for ensuring overall compliance.
• Key Contact: The main point of contact between UKVI and the business. This role can be filled by an external legal representative registered with the Immigration Advice Authority (IAA) or a legal professional.
• Level 1 User: The day-to-day administrator who conducts operations on the SMS, including requesting and assigning CoS, reporting worker activity, and notifying UKVI of business changes. At least one Level 1 User must be a direct employee or director of the business at all times.
• Level 2 User: An optional user role with restricted access to the SMS, capable of creating and assigning CoS but unable to make organizational changes or view all licence details.

Sponsor Licence Application Process and Decision Points

The employer completes the online application, pays the application fee, and submits the required documentary evidence specified in Appendix A of the sponsor guidance within five working days of submission.

UKVI evaluates the evidence and may carry out a pre-licence compliance visit. During this audit, Home Office compliance officers inspect the business premises, review HR processes, and interview key personnel. The decision points are:

• Licence Granted (A-Rating): The business receives full approval, access to the SMS, and an initial allocation of Certificates of Sponsorship.
• Licence Refused: If mandatory documents are missing, the business fails the genuineness test, or key personnel are deemed unsuitable. A cooling-off period of six to twelve months usually applies before a re-application is permitted.
• Application Rejected: If the fee is incorrect or mandatory documents are not provided within the five-day deadline, the application is returned without a substantive assessment.

Sponsor Licence Costs, Timelines, and Validity

Sponsor licences are granted with continuous validity, meaning they do not require renewal every four years. However, UKVI retains the power to audit, suspend, or revoke a licence at any point.

Processing standardly takes up to eight weeks. An optional pre-licence priority service is available for an additional fee of £500, which reduces the consideration time to ten working days for eligible applications.

Step 2: Defining the Role, SOC Code, and Salary Thresholds

Once licensed, an employer must map the proposed job to the Standard Occupational Classification (SOC) system and confirm that the pay meets Home Office minimums.

Standard Occupational Classification (SOC) 2020 System and Skill Level

Under Appendix Skilled Worker, every role must be classified under the SOC 2020 coding framework. The job must be skilled to at least RQF Level 3 (equivalent to A-levels or Scottish Highers). The worker does not need to hold an RQF Level 3 qualification, but the day-to-day duties and responsibilities of the job itself must meet this benchmark.

Employers must evaluate the actual job description rather than relying on internal job titles. Choosing a higher-level code that misrepresents the true day-to-day work to circumvent immigration requirements constitutes misrepresentation and will lead to refusal of the visa and revocation of the sponsor licence.

The April 2024 Salary Thresholds and Going Rates

For Skilled Worker applications, an applicant must be paid the highest of the following three figures:

1. The applicable general salary threshold (£38,700 for standard applications submitted under current rules).
2. The occupation-specific "going rate" set out in the Home Office salary tables, calculated based on the 50th percentile of UK earnings for that SOC code.
3. An absolute hourly rate floor of £15.88 per hour.

Salaries must be calculated on gross regular pay, excluding non-guaranteed bonuses, overtime, travel allowances, accommodation subsidies, or pension contributions.

Working hours must be factored in accurately. Going rates listed in Home Office tables are based on a 37.5-hour working week unless specified otherwise. If a sponsored worker will work 40 hours per week, the going rate must be pro-rated upwards. For example, if the listed going rate is £40,000 based on a 37.5-hour week, a worker contracted to 40 hours must be paid at least £42,666.67 gross per annum.

Tradeable Points and Salary Discounts

Applicants who do not meet the baseline £38,700 threshold may qualify under alternative "tradeable points" options if they meet specific criteria, subject to absolute minimum pay floors:

• Option A (Standard): General threshold £38,700 or 100% of the going rate (whichever is higher).
• Option B (Relevant PhD): Relevant PhD in a non-STEM subject: General threshold £34,830 (10% discount) or 90% of the going rate (whichever is higher).
• Option C (Relevant STEM PhD): Relevant PhD in a STEM subject: General threshold £30,960 (20% discount) or 80% of the going rate (whichever is higher).
• Option D (Immigration Salary List): Role listed on the Immigration Salary List: General threshold £30,960 or 100% of the going rate (whichever is higher).
• Option E (New Entrants): Candidates at the start of their career: General threshold £30,960 (20% discount) or 70% of the going rate (whichever is higher).

To qualify as a New Entrant under Option E, the applicant must meet at least one of the following requirements:

• Be under 26 years of age on the date of application.
• Be switching from a Student visa having completed a UK bachelor's, master's, PGCE, or at least 12 months of a PhD.
• Be switching from a Graduate visa.
• Be working towards a recognised professional qualification in a regulated profession or full chartered status.

New Entrant status is strictly limited to a maximum cumulative period of four years across all sponsored and Graduate routes.

Step 3: Assigning the Certificate of Sponsorship (CoS)

Once the employer has confirmed the job code, salary, and applicant eligibility, the business must generate and assign the Certificate of Sponsorship via the Sponsor Management System.

Defined vs Undefined Certificates of Sponsorship

The sponsorship system differentiates between two types of CoS:

• Defined CoS: Required for individuals applying for entry clearance from outside the UK under the Skilled Worker route. Employers must apply individually to UKVI through the SMS for each Defined CoS, detailing the role, SOC code, and proposed salary. UKVI typically assesses these requests within one to two working days, though complex requests or audits may extend this timeline. Once approved, the Defined CoS is allocated to the employer's account and can be formally assigned to the worker.
• Undefined CoS: Used for candidates applying from inside the UK (such as individuals switching from a Student or Graduate visa, or extending their Skilled Worker visa with the same or a new employer) and for all Global Business Mobility and Temporary Worker routes. Employers request an annual allocation of Undefined CoS via the SMS each year. Once allocated, the Level 1 user can assign an Undefined CoS directly to an applicant without prior individual approval from UKVI.

Assigning an Undefined CoS to an overseas applicant requiring a Defined CoS is a serious procedural breach. It will result in the mandatory refusal of the visa application and potential licence enforcement action.

The Immigration Skills Charge (ISC) and CoS Assignment Fees

When assigning a CoS, the employer must pay the standard CoS assignment fee and, where applicable, the Immigration Skills Charge (ISC).

• CoS Assignment Fee: £239 for Skilled Worker and Global Business Mobility routes; £25 for Temporary Worker routes.
• Immigration Skills Charge (ISC): A mandatory statutory levy payable by the employer for every year of sponsorship. It cannot be passed on to or clawed back from the employee:
  • Small or Charitable Sponsors: £364 for the first 12 months, plus £182 for each additional 6-month period.
  • Medium or Large Sponsors: £1,000 for the first 12 months, plus £500 for each additional 6-month period.

An organisation qualifies as a small sponsor if it meets at least two of the following criteria under the Companies Act 2006:

• Annual turnover of £10.2 million or less.
• Balance sheet total of £5.1 million or less.
• 50 employees or fewer.

Exemptions from the Immigration Skills Charge apply to specific SOC codes (such as chemical scientists, biological scientists, and higher education teaching professionals), EU nationals transferring under GBM routes under specific trade arrangements, individuals sponsored for fewer than six months, and students switching directly into the Skilled Worker route within the UK.

Practical Steps for Assigning a CoS via the SMS

1. Access the SMS portal using personal Level 1 or Level 2 user credentials.
2. Navigate to the Workers section and select either "Create Defined CoS" or "Assign Undefined CoS".
3. Enter the worker's personal details matching their passport precisely: full name, nationality, date of birth, and passport number.
4. Input employment details: job title, SOC code, working hours per week, work location address, start date, and end date.
5. Input salary details, including gross basic pay and confirmation of any tradeable points option codes.
6. Confirm maintenance certification (tick the box to certify maintenance if the employer is A-rated and agrees to cover maintenance costs for the first month if needed).
7. Pay the CoS assignment fee and the calculated Immigration Skills Charge via the online payment gateway.
8. Record the generated unique reference number and provide the official CoS summary document to the applicant.

A CoS is valid for three months from the date of assignment. The worker must submit their visa application within this three-month window.

Step 4: The Applicant's Visa Application Process

With a valid CoS reference number, the candidate prepares and submits their visa application online to UKVI.

General Eligibility Requirements (Points-Based System Breakdown)

Under the Skilled Worker points-based route, an applicant must score a total of 70 points across mandatory and tradeable categories:

• Mandatory Points (50 points total):
  • 20 points: Valid Certificate of Sponsorship from an approved Home Office sponsor.
  • 20 points: Job at an appropriate skill level (RQF Level 3 or higher).
  • 10 points: English language proficiency at CEFR Level B1 in all four components (reading, writing, speaking, and listening).
• Tradeable Points (20 points total):
  • 20 points: Meeting the relevant salary requirements under Options A through F (general threshold, going rate, and hourly rate floor).

Failure to achieve points in every mandatory section results in an automatic refusal.

English Language Requirement and Approved Evidence

Applicants must demonstrate English language capability at CEFR Level B1 through one of the following methods:

• Nationality: Being a national of a majority English-speaking country recognised by the Home Office (for example, Australia, Canada, New Zealand, the United States, Jamaica, and several Caribbean nations).
• Secure English Language Test (SELT): Passing an approved SELT from an accredited provider (IELTS SELT Consortium, Pearson, PSI Services, or LanguageCert) taken at an approved testing centre.
• Academic Qualification: Holding a bachelor's, master's, or doctoral degree taught in English. If awarded by a UK university, the official degree certificate is sufficient. If awarded outside the UK, the applicant must obtain an official Statement of Comparability and English Proficiency confirmation from Ecctis (formerly UK NARIC).
• Previous Qualification: Having satisfied the English language requirement at Level B1 or higher in a successful previous UK visa application.

Financial Requirement (Maintenance Funds vs Sponsor Certification)

Applicants must show they can support themselves upon arrival in the UK:

• Personal Funds: The applicant must show at least £1,279 in available cash savings held in an approved bank account for a continuous 28-day period. The end date of this 28-day period must fall within 31 days of the visa application date.
• Exemption 1 (Sponsor Certification): If the sponsoring employer holds an A-rating, they can certify maintenance on the CoS by checking the appropriate box on the SMS. This confirms that the employer will maintain and accommodate the worker up to the value of £1,279 until the end of their first month of employment, if necessary.
• Exemption 2 (In-Country Residence): Applicants who have been living in the UK with valid immigration permission for 12 months or longer on the date of application automatically meet the financial requirement and do not need to provide bank statements or sponsor certification.

Tuberculosis (TB) Screening and Criminal Record Certificates

Depending on nationality, residency, and occupation, applicants must fulfill additional clearance procedures:

• Tuberculosis (TB) Testing: Required if the applicant has resided continuously for six months or more in a country listed in Appendix T of the Immigration Rules immediately prior to applying. The test must be conducted at a Home Office-approved clinic, and the original medical certificate confirming clear lungs must be submitted with the application.
• Criminal Record Certificates: Mandatory for applicants sponsored under specific SOC codes relating to education, healthcare, social work, therapy, and childcare (for example, doctors, nurses, teachers, social workers, and care managers). The applicant must provide an official criminal record certificate from the relevant authority of every country in which they have resided for 12 months or more (continuously or in total) in the 10 years prior to the application, while aged 18 or older.

Application Submission, Biometrics, and Decision Turnaround

1. Complete the online visa application form via the GOV.UK portal.
2. Pay the Visa Application Fee: Ranging from £719 to £1,500 for standard Skilled Worker visas depending on duration (up to three years versus over three years) and location of application (inside or outside the UK). Health and Care visa fees are lower (£309 for up to three years; £604 for over three years).
3. Pay the Immigration Health Surcharge (IHS): £1,035 per year of the visa duration (£776 per year for children under 18). Health and Care applicants and their dependants are exempt from the IHS.
4. Enrol Biometrics: Attend an appointment at a Visa Application Centre (VAC) or UK Visa and Citizenship Application Services (UKVCAS) centre to provide fingerprints and a facial photograph. Alternatively, eligible passport holders (such as EU/EEA nationals) can use the "UK Immigration: ID Check" smartphone app to scan their biometric chip passport without attending an in-person appointment.
5. Standard Processing Times: Three weeks for applications submitted outside the UK; eight weeks for applications submitted inside the UK. Priority (5 working days) and Super Priority (next working day) processing services are available in select locations for an additional fee.

Step 5: Post-Grant Sponsor Duties and Ongoing Compliance

A sponsor licence places continuous compliance duties on an organisation. UKVI carries out unannounced compliance visits to ensure that employers are fulfilling these obligations.

Reporting Duties and Deadlines (10-day and 20-day rules)

Sponsors must report specific worker-related and business-related events via the SMS within strict statutory deadlines:

• Within 10 Working Days:
  • Worker fails to start employment on their stated start date (including the agreed reason, such as visa delay or extra notice period).
  • Worker's employment is terminated early, whether through resignation, dismissal, redundancy, or cessation of operations.
  • Worker is absent from work for more than 10 consecutive working days without authorised leave.
  • Significant changes in employment terms, such as a promotion, change in job title, core duty alterations, salary increase, or structural salary reduction permitted under rules.
  • Change in the primary work location, remote working arrangements, or addition of client site locations.
• Within 20 Working Days:
  • Changes in company structure, such as a change of ownership, company name, legal status, takeovers, mergers, or insolvency proceedings.
  • Changes to Key Personnel nominated on the licence (Authorising Officer, Key Contact, Level 1 Users).
  • Significant change in the nature of the business or address of main operating premises.

Record-Keeping Duties under Appendix D

Under Appendix D of the sponsor guidance, employers must retain specific documents for every sponsored worker throughout their employment and until at least one year has passed since sponsorship ceased:

• Copy of the worker's current passport, including biometric details, entry clearance vignettes, and right-to-work share codes/checks.
• Comprehensive history of the worker's residential address and UK contact details, updated regularly.
• Detailed payroll records showing all gross payments, tax deductions, National Insurance contributions, and net pay.
• Detailed attendance and absence records, including sickness logs, annual leave trackers, and client site logs.
• Contracts of employment specifying job duties, working hours, and salary.
• Copies of any professional registrations, accreditations, or academic certificates required to perform the role lawfully in the UK.
• Evidence of recruitment undertaken, where applicable, to prove the role is a genuine vacancy.

Monitoring Attendance, Sickness, and Authorised Absences

Sponsors must have established internal procedures to track daily attendance. If a worker fails to attend work without contact or approved leave, the employer must investigate immediately. If an unauthorised absence reaches 10 consecutive working days, a formal report must be lodged on the SMS within 10 working days of the 10th day of absence.

Licence Audits, Downgrading, Suspensions, and Revocations

UKVI conducts scheduled and unannounced compliance inspections at the sponsor's trading address. Caseworkers review personnel files, interview sponsored employees, cross-check payroll data against HMRC Real Time Information (RTI), and assess HR management capacity.

• Licence Downgrading (B-Rating): If minor compliance failures are found, UKVI may downgrade the sponsor licence from an A-rating to a B-rating. The business must pay for and enter a time-limited Action Plan to rectify deficiencies. While B-rated, the employer cannot assign new CoS to recruit new workers.
• Licence Suspension: If serious breaches are identified (such as employing illegal workers, failing to pay going rates, or major record-keeping gaps), UKVI suspends the licence. The sponsor has 20 working days to submit written representations against the suspension.
• Licence Revocation: If representations are rejected or catastrophic compliance failures exist, the licence is revoked. The employer loses the right to sponsor workers immediately. All existing sponsored workers have their visas curtailed to 60 days, during which they must find a new sponsor or leave the UK. The employer faces a minimum cooling-off period of two years before re-applying for a licence.

Document Checklists and Caseworker Assessment Criteria

Successful sponsorship requires precise document management. Caseworkers evaluate applications against statutory criteria.

Employer Sponsor Licence Supporting Documents (Appendix A)

An employer must provide at least four mandatory supporting documents from Appendix A, tailored to their business structure:

1. Corporate Bank Account: A recent corporate bank statement from a UK-regulated financial institution.
2. VAT Registration: Certificate of VAT registration from HMRC confirming trading status.
3. PAYE and Accounts: HMRC PAYE/Accounts Office reference letters, RTI submissions, and audited or certified annual accounts.
4. Proof of Business Premises: Commercial lease agreement, freehold title deed, or commercial rate demands confirming a genuine physical operating presence in the UK.
5. Sector-Specific Licences: Mandatory regulatory approvals where applicable (such as Care Quality Commission registration for care homes, Financial Conduct Authority authorization for financial services, or relevant food hygiene ratings for hospitality).

Applicant Visa Application Supporting Documents

The applicant must assemble and upload digital copies of the following documents:

• Valid Passport: Must contain at least one blank page for entry clearance vignettes.
• Certificate of Sponsorship Reference Number: Provided by the employer.
• Evidence of English Proficiency: SELT test certificate reference number, official Ecctis comparability statement, or UK university degree certificate.
• Proof of Maintenance Funds: Personal bank statements showing £1,279 held for 28 consecutive days, unless the employer has certified maintenance on the CoS or the applicant has lived in the UK for 12 months.
• Tuberculosis Test Certificate: From an approved clinic, if arriving from a designated country.
• Overseas Criminal Record Certificates: Covering any country of residence for 12 months or more in the last 10 years, for relevant SOC codes.
• Academic and Professional Credentials: Required if claiming points for a relevant PhD/STEM PhD (Ecctis verification or UK qualification letter) or professional licence (such as GMC, NMC, or Law Society registration).

What Home Office Caseworkers Look At

Caseworkers apply the "Genuine Vacancy Test" to both licence applications and individual visa applications. They evaluate:

• Plausibility of the Role: Does the business have a logical, commercial need for a role at this skill level given its size, industry, turnover, and operational scale?
• Task Consistency: Do the proposed tasks correspond genuinely to the selected SOC code, or have duties been exaggerated to meet RQF Level 3 or salary thresholds?
• Applicant Suitability: Does the worker have the background, education, and relevant work experience to perform the described role?
• Remuneration Reality: Does the payroll history match the declared salary on the CoS, and is the remuneration commensurate with prevailing market rates?

Common Mistakes, Pitfalls, and Visa Refusal Triggers

Visa and licence refusals are frequently caused by avoidable procedural errors and misinterpretations of the Immigration Rules.

Sponsoring Under the Incorrect SOC Code

Selecting a SOC code because its going rate is lower, rather than selecting the code that accurately reflects the core duties of the job, is considered code manipulation. UKVI caseworkers regularly review job advertisements, company websites, and operational descriptions. If they determine that the primary duties align with a lower-skilled or alternative SOC code, the application will be refused under paragraph SW 5.6 of the Immigration Rules, and the employer's licence may be investigated.

Pro-Rating and Working Hours Calculation Errors

A frequent salary error occurs when employers fail to adjust going rates for contracted hours above 37.5 hours per week. If a role has a listed going rate of £45,000 based on 37.5 hours, but the employee is contracted for 42.5 hours per week, the adjusted going rate is £51,000 (£45,000 divided by 37.5, multiplied by 42.5). Stating a salary of £45,000 on the CoS for 42.5 hours will trigger an immediate visa refusal for underpayment.

Uncertified Maintenance or Insufficient Funds Holding Periods

If the employer is not A-rated or forgets to check the "Sponsor Certifies Maintenance" box on the CoS, the applicant must supply bank statements showing funds. Common refusal triggers include:

• Funds dropping below £1,279 for even a single day during the 28-day qualification period.
• The bank statement being dated more than 31 days before the online submission date.
• Relying on investment accounts, crypto assets, or unapproved foreign banks that do not allow immediate cash withdrawals.

Genuine Vacancy Test Failures

If a small retail business with modest annual revenue applies to sponsor an "Operations Manager" at £38,700, caseworkers will scrutinise the commercial rationale. If the caseworker believes the individual will actually perform routine cashiering, shelf-stacking, or storekeeping duties, the visa will be refused on the basis that the vacancy is not genuine.

Failure to Pay or Calculate the Immigration Skills Charge Correctly

Selecting the "Small Sponsor" fee tier (£364 per year) when the organisation legally qualifies as a "Medium or Large Sponsor" (£1,000 per year) leads to severe delays. UKVI will issue an ISC top-up payment request. If the outstanding sum is not paid within the stated deadline (usually 10 working days), the CoS is cancelled and the visa application is refused.

Special Cases and Complex Scenarios

Immigration rules contain specific provisions for non-standard scenarios and transitions between visa categories.

Switching Visas from Within the UK

Individuals already lawfully residing in the UK on eligible routes can switch into the Skilled Worker visa without leaving the country. Eligible routes include:

• Student Visa Holders: Can switch into a Skilled Worker visa once they have completed their course of study, or if studying a degree-level course or above, if their sponsored employment start date is after the course completion date. PhD students can switch after completing 24 months of study toward their doctorate.
• Graduate Visa Holders: Can transition directly to a Skilled Worker visa and qualify for the New Entrant salary discount (Option E) for their initial grant, subject to the four-year total limit.
• Other Work and Family Routes: Individuals on Youth Mobility Scheme visas, Global Talent visas, or dependant visas can switch to a Skilled Worker visa from within the UK.

Switching is strictly prohibited from inside the UK for individuals on Visitor visas, Short-term Student visas, Seasonal Worker visas, Domestic Worker visas, or those on immigration bail. Such individuals must leave the UK and apply for entry clearance from overseas.

Transitional Arrangements for Pre-4 April 2024 Visa Holders

Workers who held valid permission as a Skilled Worker before 4 April 2024 benefit from transitional protections under Option F. When extending their permission, changing employment, or applying for settlement before 1 December 2030:

• The general salary threshold is lowered to £29,000 (rather than £38,700).
• The occupation-specific going rates are calculated using the 25th percentile (lower quartile) of UK earnings under the previous SOC 2010 tables, rather than the 50th percentile SOC 2020 tables.
• The minimum hourly rate floor is £11.90 per hour.

If a protected worker changes their employer or SOC code, they retain their transitional protections, provided the new role meets the lower transitional salary criteria.

Sponsoring Dependants: Eligibility, Restrictions, and Rights

Spouses, civil partners, durable partners (living together for at least two years in a relationship akin to marriage), and children under 18 can apply as dependants linked to the main Skilled Worker visa holder.

• Care Worker and Senior Care Worker Restrictions: Since 11 March 2024, individuals sponsored under SOC 2020 codes 6135 (Care workers and home carers) and 6136 (Senior care workers) cannot bring dependants to the UK, unless they were already sponsored on that route prior to 11 March 2024 and maintained continuous permission.
• Maintenance for Dependants: Unless the sponsor certifies maintenance for dependants on the CoS or the family has lived in the UK for 12 months, the applicant must show additional funds held for 28 days:
  • £285 for the partner.
  • £315 for the first dependent child.
  • £200 for each subsequent dependent child.
• Dependant Work and Study Rights: Dependants have broad work authorization in the UK (including employment, self-employment, and contracting), with the exception of working as a professional sportsperson or coach. They may also study without restriction.

Maximum Unpaid Leave and Long Absences

Sponsored workers are subject to strict limits on unpaid leave. Under paragraph 9.30.1 of the Immigration Rules, sponsorship must be terminated if a worker is absent from work without pay for more than four weeks in total in any calendar year (1 January to 31 December), unless the absence is covered by statutory exceptions:

• Statutory maternity, paternity, shared parental, or adoption leave.
• Certified sick leave.
• Assisting with a national or international humanitarian emergency.
• Taking part in lawful strike action.
• Jury service.

If an unpaid absence exceeds four weeks for reasons outside these exceptions, the employer must stop sponsoring the worker and report the termination on the SMS within 10 working days.

Secondary Employment, Supplementary Work, and Overtime

Skilled Worker visa holders are tied to the employer and SOC code specified on their CoS. However, they may undertake supplementary work without applying for an updated visa, provided the work meets all of the following conditions:

• Does not exceed 20 hours per week.
• Takes place outside the contracted hours stated on the CoS for their primary sponsored employment.
• Is either in a role on the Immigration Salary List, or in a job under the same SOC 2020 code and skill level as their primary CoS.

Overtime with the primary sponsoring employer within the same SOC code is permitted and does not count as supplementary work, provided it is paid at the agreed contracted rate and compliant with the Working Time Regulations.

If a worker wishes to undertake regular second employment that does not meet supplementary work criteria, they must secure a second Certificate of Sponsorship from the secondary employer and submit a formal "Secondary Employment" visa application to UKVI.

Changes in Ownership, Mergers, Takeovers, and TUPE Transfers

Corporate restructuring triggers specific statutory duties under Appendix Sponsor a Skilled Worker:

• Transfer of Undertakings (TUPE): When sponsored workers transfer to a new entity under the Transfer of Undertakings (Protection of Employment) Regulations 2006, the receiving employer takes on full sponsor responsibility.
• If the receiving business already holds a valid sponsor licence, it must notify UKVI via the SMS within 20 working days of the transfer and absorb the workers onto its licence.
• If the receiving business does not hold a sponsor licence, it must apply for a new sponsor licence within 20 working days of the business transfer. Failure to do so will result in the immediate curtailment of the transferred workers' visas.

Route to Indefinite Leave to Remain (ILR) and Continuous Residence

The Skilled Worker route provides a direct path to settlement (Indefinite Leave to Remain) after five years of continuous lawful residence in the UK.

To qualify for ILR, the applicant must meet the following statutory requirements:

• Continuous Residence: Must not have been absent from the UK for more than 180 days in any rolling 12-month period across the five-year qualifying period. Absences for business, annual leave, or compassionate reasons must be documented.
• Ongoing Sponsorship and Salary: The employer must confirm that they still require the worker for the foreseeable future and will continue to pay them at or above the ILR salary threshold (the applicable going rate or £38,700 standard / £29,000 transitional floor).
• Knowledge of Life in the UK: Pass the official "Life in the UK" test covering British history, law, and traditions.
• English Language: Demonstrate English proficiency at CEFR Level B1 or higher (already satisfied during initial entry).

Settlement removes all employment restrictions, freeing the worker from the requirement for ongoing visa sponsorship.

Next Steps for Employers and Applicants

For employers seeking to recruit international talent, the initial action is auditing your internal HR and payroll systems to ensure they comply with Appendix D record-keeping and SMS reporting rules before lodging an online sponsor licence application.

For international professionals, the initial step is verifying that your proposed job offer corresponds to an eligible SOC 2020 code at RQF Level 3 or above, confirming that the gross remuneration satisfies the relevant general and occupation-specific thresholds, and securing an assigned Certificate of Sponsorship from your licensed sponsor prior to completing your visa application.

Reviewed by Wesbridge Associates team on 31 August 2026. We check our published guidance against GOV.UK and current Home Office rules.

Frequently asked questions

Common questions on this topic, answered by our advisers.

What is a Certificate of Sponsorship (CoS)?

How long does it take to get a UK sponsor licence?

Can I switch jobs if I am on a sponsored UK visa?

What are the main financial requirements for a sponsored UK visa?

What happens if a sponsor licence is revoked?

Do all UK jobs qualify for visa sponsorship?

How can Wesbridge Associates help with UK visa sponsorship?