Top 5 mistakes employers make when sponsoring skilled workers
In today's competitive global market, attracting skilled international workers helps UK businesses stay competitive, but common mistakes can lead to costly delays or licence issues. Here are five key errors to avoid.
Saskia Johnston ● Jul 30, 2025
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1. Not performing a compliant right to work check
All UK employers must check and document a candidate’s right to work before employment begins, even if they hold a valid visa or are a resident of the UK. These checks prevent illegal working and are critical for businesses sponsoring skilled workers under the UK immigration system.
Failing to conduct a valid right to work check can lead to penalties of up to £60,000 per illegal worker, reputational damage or criminal prosecution if done knowingly. To establish a statutory excuse – a legal defence against penalties – employers must perform one of the following checks themselves before employment starts:
- A manual right-to-work check
- A Home Office online check
- A digital check using Identity Document Validation Technology (IDVT) via a certified Identity Service Provider (IDSP)
These checks confirm the candidate’s legal right to work in the UK and authorisation for the specific role. For workers on time-limited visas, follow-up checks are also required. Right to work checks must not be outsourced in their entirety, and businesses should seek expert advice if unsure.
2. Misunderstanding sponsor licence responsibilities
Securing a sponsor licence is only the start – ongoing obligations, and compliance with these responsibilities, is essential. Employers must ensure sponsored workers meet skill and salary criteria and only assign Certificates of Sponsorship to eligible roles.
In addition, your HR systems should:
- Track and record each worker’s immigration status, visa expiry and attendance
- Maintain up-to-date contact details and copies of right to work checks and supporting documents
- Report significant changes such as job title, salary, location or early termination within 10 working days via the Sponsorship Management System (SMS)
- Notify the Home Office of major business changes like mergers or ownership transfers
To hold a sponsor licence, employers must appoint UK-based staff to key roles that manage compliance and communicate with the Home Office. These include an Authorising Officer, Key Contact, and Level 1 and 2 users. Failure to meet these duties can lead to licence suspension or revocation. It is important to keep up to date with immigration rule changes and conduct regular internal audits to ensure ongoing compliance.
3. Offering jobs that don’t meet Skilled Worker visa requirements
A frequent error is sponsoring roles that aren’t eligible for Skilled Worker visas. This often occurs when the job title matches the Home Office list, but duties do not, or when employers choose an incorrect Standard Occupational Classification (SOC) code.
From 22 July 2025, most Skilled Worker visa applicants must be offered roles at RQF Level 6 (graduate level) or above. Some Level 3–5 roles remain eligible under temporary shortage occupation lists until 31 December 2026 but come with restrictions, including a restriction on accompanying dependants and no route to settlement.
Before issuing a Certificate of Sponsorship (CoS), verify the role aligns with the current immigration rules, the SOC code is accurate and salary thresholds are met. Ineligible roles will result in visa refusals.
4. Miscalculating salary requirements
One of the main reasons for a visa refusal is not meeting salary thresholds. Since 22 July 2025, the general salary threshold for most RQF Level 6 jobs is £41,700 per year, with a minimum hourly rate of £17.13 based on a 48-hour week.
Employers must pass a two-part salary test:
- The salary must meet or exceed the general threshold
- It must meet the occupation-specific going rate for the SOC code
The higher of the two applies. Salary discounts may apply for shortage occupation roles, PhD-level jobs, or new entrants, but with strict conditions.
Common mistakes include basing salaries on part-time hours, selecting the wrong SOC code, or failing to issue written confirmation of pay increases before assigning the CoS.
5. Being unprepared for a sponsor licence audit
The Home Office may audit sponsor licence holders at any time, whether before issuing a licence or during its validity, to verify compliance. Many employers are caught off guard because they fail to maintain proper records, track visa expiries and attendance, or document recruitment and sponsorship processes.
During an audit or compliance visit (which may be announced or unannounced), Home Office officers will check:
- The accuracy of your licence application
- That your business is genuine and operating lawfully
- That a genuine vacancy exists
- Employment is at the required skill level
- Compliance with immigration laws and sponsorship duties
- Record-keeping, right to work checks, reporting and monitoring of sponsored workers
Common audit issues include mismatched job duties, incorrect salaries, incomplete records, and failure to report changes or absences, or there are insufficient processes in order to do so. Failure to comply risks licence downgrade, suspension or revocation.
It is essential that sponsors prepare, conduct internal mock audits, maintain organised HR and sponsorship files, implement robust immigration compliance policies, and train all staff managing sponsorship duties.
Full compliance can earn an “A” rating from UK Visas and Immigration, while non-compliance carries legal penalties and loss of sponsorship rights.
Avoiding these common mistakes helps employers protect their sponsorship licence, streamline recruitment and secure the skilled talent their business needs to thrive.