There have been some significant changes to guidance for employers with licences to sponsor immigrant workers this Spring.

The background to these changes is a rise in enforcement activity.

The key new changes that organisations with sponsor licences need to be aware of are listed below.

Expansion of right to work checks for sponsors 

A sweeping expansion of right to work obligations is on the way for all employers and those with sponsor licences are the first to face new requirements to conduct checks not just on employees, but on anyone they "directly engage". 

The guidance now also states that where you are employing or engaging a worker who does not have the right to work in the UK, your sponsor licence will normally be revoked.

These are significant changes, because most employers will not have been carrying out right to work checks on self-employed workers and will be unaware of their status – it has not been a requirement to do so and failure to do so has no consequences under current legislation relating to illegal working.

Where sponsors are engaging self-employed workers, there is limited scope to protect against the loss of their licence if a self-employed worker is found not to have the right to work, with the only reprieve being that this is a discretionary ground for revocation.

The firm has written to the Home Office for more clarity for our clients. We would recommend carrying out right to work checks on all workers whether employed or not directly employed, e.g. self-employed, secondees etc. to mitigate any risk as much as possible and screen out anyone directly engaged who does not have the right to work in the UK.

Reading all the guidance

There is a new duty for sponsors to read around ALL the relevant government sponsor guidance including Part 1, 2 and 3, the appendices, route specific guidance and the glossary and to remain aware of any updates. This runs to hundreds of pages, so a rather onerous stipulation.

Ensuring all workers understand employment rights

Sponsors are now required by the guidance to ensure workers understand their employment rights. This may mean reviewing handbooks and other documentation provided to workers to ensure that they are informed of pension enrolment, working time, minimum wage, trade union membership and all other such rights.

How pay periods meet salary minimums

From 8 April 2026 a worker sponsored as a Skilled Worker must be paid at least the minimum salary for sponsorship in monthly or less frequent pay periods, or as otherwise specified in their contract. Salary must meet the going rate for their occupation code for each hour worked during each pay period and the average salary must meet the required amount across specific periods rather than across the whole year as was previously the case. The period is over any three months if paid monthly or less frequently, or over any 12-week period if paid more often than monthly.

There are new rules regarding how the Home Office determines salary across longer working patterns if the amount paid differs across pay periods, and also regarding situations where a person repays their employer for certain immigration costs. Sponsors must watch out for situations where pay amounts or periods are irregular or longer, such as where pay varies due to shift working, in which case it may be worth taking advice from an immigration practitioner.

You can find more details about these changes for sponsors here and contact us for any clarification, compliance questions or training here.