The Impact of Immigration Policy Changes on Your Sponsorship Obligations

Immigration policies are constantly evolving, and as a sponsor license holder, it’s crucial to stay on top of any changes that could affect your responsibilities. These changes don’t just impact how you manage your sponsored employees—they can directly affect your ability to recruit top talent, the compliance requirements you need to meet, and the way your business operates in the UK.

In this post, we’ll explore the key immigration policy changes affecting sponsorship obligations and how they impact your recruitment strategy.

Understanding Your Sponsorship Obligations

Before we dive into the specifics of the recent policy changes, let’s briefly recap what it means to hold a sponsor license. As a sponsor, you are responsible for ensuring that your employees comply with the conditions of their visas and that your business adheres to the regulations set by the Home Office. These obligations include conducting right-to-work checks, maintaining accurate records of your sponsored workers, reporting changes in their circumstances, and ensuring compliance with UK employment laws.

When immigration policies change, these duties can become more complex. Keeping up with these shifts is essential to ensure your business remains compliant and that you can continue to access the global talent pool that your business needs.

Recent Changes to Immigration Policy and Their Impact on Sponsorship Obligations

The UK’s immigration policies are undergoing a significant shift, particularly in the areas of skilled worker visas, salary thresholds, and family entry.

Let’s break down some of the most important changes and explore how they affect your sponsorship obligations.

1. Changes to Salary Thresholds for Skilled Workers

One of the most significant changes to the UK’s immigration policy is the modification of salary thresholds for skilled workers. The government has recently adjusted the minimum salary requirements for visa applicants in various sectors.

What’s changed?

• The minimum salary threshold for certain roles has been reduced. This means that some positions that previously didn’t qualify for a skilled worker visa may now be eligible.

• However, the salary thresholds still vary depending on the occupation, and certain sectors, such as health and social care, may have different requirements.

How does this impact your sponsorship obligations?

• Re-evaluate salaries for existing workers: You may need to adjust your compensation packages or reevaluate roles to ensure they meet the new salary requirements. This is especially important for roles that were previously borderline.

• Impact on future recruitment: When hiring for new roles, be mindful of the salary thresholds for the specific occupations you’re recruiting for. This ensures that you’re offering competitive salaries that meet the Home Office’s requirements.

2. Prohibition on Passing Certain Sponsorship Costs to Skilled Workers

In an effort to make the skilled worker visa process fairer and more accessible, the UK government has introduced rules prohibiting employers from passing certain sponsorship costs onto the workers themselves.

What’s changed?

• Previously, employers could require candidates to pay certain costs associated with obtaining a skilled worker visa, including the Immigration Health Surcharge and the visa application fees. These costs are now banned from being passed onto the worker.

How does this impact your sponsorship obligations?

• Increased employer costs: As a result of this change, your business may need to absorb some of these costs that were previously passed on to workers. Be prepared for potential increases in your recruitment expenses.

• Ensure clarity in your contracts: Make sure that employment contracts clearly outline the terms related to sponsorship costs and that your hiring process complies with this new policy.

3. Longer Cooling-Off Period for Sponsor License Revocation

The Home Office has extended the cooling-off period for sponsor license revocation. If a business loses its sponsor license, it must wait a longer period before being able to reapply.

What’s changed?

• The cooling-off period has been extended from 12 months to 24 months for businesses that have had their sponsor license revoked. This means that if you lose your sponsor license, it will take longer to reapply, which can significantly affect your ability to hire skilled workers during that time.

How does this impact your sponsorship obligations?

• Stay compliant to avoid risk: To avoid losing your sponsor license, make sure you are meeting all your sponsor duties consistently. This includes conducting the necessary right-to-work checks, reporting changes in worker status, and ensuring that all employees are paid in accordance with the terms of their visa.

• Review your internal processes: Regularly audit your internal recruitment and compliance processes to ensure that you’re adhering to the most up-to-date immigration policies and are at minimal risk of losing your sponsor license.

4. Restrictions on Family Entry for Care Workers

Recent changes have imposed stricter rules for the family entry of care workers. While care workers can still bring their dependents with them to the UK, the rules have become more restrictive, and the number of dependents allowed may be limited in some cases.

What’s changed?

• Limited family entry: The Home Office has revised the criteria for care workers to bring their dependents to the UK. The number of dependents who can join a skilled worker may now be more limited based on factors like salary or employment type.

How does this impact your sponsorship obligations?

• Communication with candidates: If you are hiring for care roles and your candidates wish to bring dependents, make sure you communicate these changes clearly. This can affect their decision to accept a job offer, especially if they were planning to relocate their family.

• Ensure full transparency: If your sponsored workers are relying on family members joining them in the UK, be upfront about any changes to the policy, as this could impact their planning and expectations.

5. Changes to the Shortage Occupation List

The Shortage Occupation List has been updated to include more roles in critical sectors, including health and social care, science, and engineering. If your recruitment needs align with these sectors, your business may now have greater flexibility when sponsoring workers.

What’s changed?

• The government has added more jobs to the Shortage Occupation List, making it easier for businesses to sponsor workers in these areas. Workers sponsored under the Shortage Occupation List are subject to a lower application fee and may have different visa criteria.

How does this impact your sponsorship obligations?

• Easier access to skilled workers: If you are hiring in a sector with newly added roles, it may be easier to attract and sponsor skilled talent. You could benefit from lower visa fees and less stringent salary requirements.

• Review your recruitment strategy: For roles in these sectors, ensure you’re aware of the updated criteria and that your business is aligned with the changes.

How to Stay Compliant with New Immigration Policies

With immigration policies constantly shifting, it’s important to stay ahead of the curve.

Here are some practical steps to ensure your business remains compliant:

1. Regularly review Home Office updates: Keep up to date with any changes in immigration policies by regularly checking the Home Office website and subscribing to relevant alerts.

2. Train your HR team: Ensure that your HR and recruitment teams are fully trained on the latest immigration requirements and understand how these changes impact your business.

3. Audit your recruitment processes: Conduct internal audits to ensure that your recruitment practices are compliant with the new regulations. This includes reviewing your record-keeping, reporting, and right-to-work checks.

4. Consult an immigration expert: Immigration laws can be complex, and staying compliant is crucial. Consider seeking professional advice from an immigration expert to ensure your business adheres to all policies.

Conclusion

Staying compliant with immigration policies is essential for businesses that rely on skilled workers from abroad. Recent policy changes may require adjustments to your recruitment processes, including revisiting salary thresholds, understanding new visa restrictions, and managing increased costs. By staying informed and proactive, you can ensure that your business continues to attract the best talent while remaining compliant with the latest regulations.