United Kingdom — Work Authorization & Visas

Every UK employer has a statutory duty to verify that an individual is not disqualified from working in the United Kingdom by reason of their immigration status before employing them. Section 15(1) of the Immigration, Asylum and Nationality Act 2006 (the 2006 Act) imposes a civil penalty on an employer who employs "an adult subject to immigration control" who has not been granted leave to enter or remain in the UK, whose leave is invalid or has ceased to have effect (whether by curtailment, revocation, cancellation, or passage of time), or whose leave is subject to a condition preventing the individual from accepting the employment in question. The provisions came into force on 29 February 2008 and apply to all employment commencing on or after that date.

The statutory excuse framework

An employer who complies with prescribed right-to-work checks before employment begins is excused from paying a civil penalty, even if the individual is later found not to have the right to work. Section 15(3) of the 2006 Act provides that an employer is excused from liability if they comply with the requirements of an order made by the Secretary of State specifying acceptable documents and verification procedures. This is known as establishing a "statutory excuse."

The Immigration (Restrictions on Employment) Order 2007 (as frequently amended) sets out the acceptable documents and the required steps: the employer must obtain and check original documents (or use the Home Office online right-to-work checking service for individuals with digital immigration status), verify them in the presence of the document holder, and retain clear copies for the duration of employment and for two years after the employment ends. The statutory excuse does not apply, however, if the employer knew at any time during the employment that the employment was unlawful (section 15(4) of the 2006 Act).

Civil penalty amounts

For breaches occurring on or after 13 February 2024, the maximum civil penalty is £45,000 per illegal worker for a first breach and £60,000 per illegal worker for repeat breaches. These amounts represent a substantial increase from the previous maximums of £15,000 and £20,000 respectively. The Home Office Code of Practice on preventing illegal working sets out mitigating factors that may reduce the penalty amount (such as evidence of good-faith compliance efforts), but employers who have breached the regime on more than one occasion face the higher maximum penalty.

Check methods and timing

Right-to-work checks must be conducted before employment begins. The current methods for establishing a statutory excuse are:

• Manual document checks: the employer obtains and verifies original documents from List A (granting an unlimited right to work, such as a British or Irish passport, or a Biometric Residence Permit showing indefinite leave to remain) or List B (granting a time-limited right to work, such as a visa endorsement or share code confirming limited leave). The employer must verify the documents in the presence of the holder, take clear copies, and retain them.

• Home Office online right-to-work checking service: for individuals with digital immigration status (including most non-UK nationals granted leave after 2018 and EU Settlement Scheme holders), the employer uses the individual's date of birth and share code to obtain a real-time verification response from the Home Office. The employer must retain a clear copy of the online response.

• Digital Verification Services (DVS): for British and Irish citizens holding valid passports (including Irish passport cards), employers may use an Identity Service Provider certified by the Home Office to conduct Identity Document Validation Technology (IDVT) checks. This option is available only for British and Irish citizens; all other nationals must use manual document checks or the online checking service.

For employees on time-limited leave, the employer must conduct follow-up checks before the individual's permission to work expires in order to maintain the statutory excuse for the duration of the employment.

Enforcement and criminal liability

The Home Office conducts workplace enforcement visits. If an employer is found to have employed someone without the right to work and has not established a statutory excuse, the Home Office will issue a civil penalty notice. The employer has 28 days to object or pay. Objections are reviewed by the Home Office; if the employer is not satisfied with the objection outcome, they may appeal to the County Court (or Sheriff Court in Scotland) within 28 days. Unpaid penalties may be enforced as a civil debt.

Separate from the civil penalty regime, section 21 of the 2006 Act creates a criminal offence where an employer knows or has reasonable cause to believe that the employee does not have the right to work in the UK. Conviction on indictment carries a maximum penalty of five years' imprisonment, an unlimited fine, or both. The criminal offence requires knowledge or reasonable suspicion; establishing a statutory excuse does not protect an employer from prosecution if the employer had actual or constructive knowledge of the individual's lack of permission.

Scope and contractor obligations

The right-to-work checking obligation applies to employees under a contract of employment, service, or apprenticeship (whether express or implied, oral or written). It does not apply to the genuinely self-employed. However, employers are strongly encouraged to verify the right to work of contractors and individuals in their supply chain, as the Home Office may impose penalties on any party found to have an employment relationship with an illegal worker, and sponsor licence holders are required to conduct and retain evidence of right-to-work checks for sponsored workers regardless of the worker's employment status.

Source: Immigration, Asylum and Nationality Act 2006, s. 15 Source: Code of practice on preventing illegal working: Right to Work Scheme for employers, 13 February 2024 Source: Employer's guide to right to work checks: 26 June 2025

The Skilled Worker visa is the United Kingdom's primary employer-sponsored work route, enabling UK employers holding a Home Office sponsor licence to recruit foreign nationals for eligible skilled jobs. The route replaced Tier 2 (General) on 1 December 2020 and is governed by Appendix Skilled Worker of the Immigration Rules (paragraphs SW 1.1 through SW 46.2). Skilled Worker permission may be granted for up to five years per application, is extendable indefinitely, and leads to settlement (indefinite leave to remain) after five years of continuous lawful residence in the UK.

The 70-point framework and mandatory requirements

Appendix Skilled Worker operates a points-based system under which an applicant must score 70 points in total (SW 4.1). Of these, 50 points are mandatory and 20 are tradeable. The mandatory 50 points comprise:

• Certificate of Sponsorship from a licensed sponsor (20 points, SW 5.1–5.6): The applicant must hold a valid Certificate of Sponsorship (CoS) assigned by a UK employer licensed by the Home Office under the Skilled Worker route. The sponsor must be A-rated on the register of licensed sponsors (or the applicant must be extending with the same sponsor as in their previous Skilled Worker permission), must have paid the Immigration Skills Charge in full, and the job must not amount to prohibited agency-type arrangements or contract labour.

• Job at an appropriate skill level (20 points, SW 6.1–6.4): The role must be in an occupation code listed in Appendix Skilled Occupations. From 22 July 2025, new sponsorships under Skilled Worker are generally limited to roles at Regulated Qualifications Framework (RQF) level 6 or above (graduate-level occupations) as listed in Table 1 of Appendix Skilled Occupations. Roles at RQF levels 3–5 (sub-degree skilled occupations, Table 1a) are sponsorable only where the occupation code appears on the Immigration Salary List (option D in SW 9.1–9.4) or the Temporary Shortage List (SW 6.1A), or where the applicant was granted Skilled Worker permission before 22 July 2025 and has had continuous permission since, enabling them to continue in the same occupation under transitional protection.

• English language at B2 level (10 points, SW 7.1–7.4): From 8 January 2026, applicants for entry clearance or switching into Skilled Worker must demonstrate English language ability at least at Common European Framework of Reference (CEFR) level B2 in reading, writing, speaking, and listening, as specified in Appendix English Language. This requirement may be met by holding a degree taught in English, passing an approved Secure English Language Test (SELT) at B2 or above, or being a national of a majority English-speaking country. Applications made before 8 January 2026 continue to be assessed under the previous B1 standard.

The remaining 20 tradeable points are awarded for salary, under one of several options (labelled A through K in SW 8.1–13.1) that reflect occupation-specific "going rates" (minimum salary thresholds derived from median UK earnings for each SOC 2020 occupation code, as published in Appendix Skilled Occupations) and a general minimum salary threshold.

Salary thresholds and going rates

For most Skilled Worker applicants (under points options A–E in SW 8.1–12.3), the general minimum salary threshold is £38,700 per year for applications made before 4 April 2024, and £41,700 for applications made on or after 4 April 2024. The applicant must be paid whichever is higher: the general minimum or the occupation-specific going rate listed in Table 1 or Table 1a of Appendix Skilled Occupations for the relevant SOC 2020 code. Going rates are set per year and assume a 37.5-hour working week; they must be pro-rated for other working patterns based on the weekly hours confirmed by the sponsor on the Certificate of Sponsorship.

Reduced salary thresholds are available under options that allow discounting. Applicants being sponsored in occupations on the Immigration Salary List may qualify at 80% of the going rate (option D in SW 9.1–9.4), and "new entrants" to the UK labour market may also qualify at 70% of the going rate, subject to a floor of £30,960 per year (option E in SW 10.1–10.3). New entrants include those under age 26 at the date of application, those in recognised graduate training programmes, those switching from Student or Graduate visa status, and those working toward a professional qualification in the sponsored occupation. A separate points pathway (option K in SW 13.1) applies to health and education occupations listed in Tables 3 or 3a of Appendix Skilled Occupations, for which going rates are set using national pay scales and no discounting is available.

Salary for Immigration Rules purposes comprises guaranteed basic gross pay (as defined in SW 14.1–14.2), including allowances such as London weighting provided the sponsor confirms they are guaranteed and treated as basic gross pay for income tax, national insurance, and pension purposes. Discretionary bonuses, performance-related pay, overtime, employer pension contributions, and benefits in kind are excluded.

Certificate of Sponsorship and sponsor obligations

Before a prospective Skilled Worker can apply for entry clearance or permission to stay, a licensed UK sponsor must assign a Certificate of Sponsorship via the Home Office Sponsor Management System. The CoS records the job title, SOC 2020 code, salary, working hours, start date, and other details that UK Visas and Immigration (UKVI) will verify when deciding the visa application. Sponsors must pay the Immigration Skills Charge when assigning a CoS unless an exemption applies. From 16 December 2025, the charge is £1,320 per year of sponsorship for large sponsors (capped at £6,600 for a five-year grant) and £396 per year for small or charitable sponsors (capped at £1,980), subject to exemptions for certain healthcare occupations, PhD-level roles in STEM subjects, and other designated categories. The sponsor must also maintain the worker's right to work throughout the employment and report any material changes—including cessation of employment, prolonged absence without permission, or salary reduction below the minimum stated on the CoS—to the Home Office.

Grant length, extensions, and settlement

A successful Skilled Worker applicant is normally granted entry clearance or permission to stay for the period of the job stated on the Certificate of Sponsorship plus a short additional period (14 days for entry-clearance grants; one month for grants made inside the UK to those switching or extending), up to a maximum of five years per grant. Extensions are unlimited provided the applicant continues to meet the points and salary requirements. After five years of continuous residence as a Skilled Worker (time spent in Tier 2 (General) status may count toward this period under SW 37.1–38.4), the individual becomes eligible to apply for indefinite leave to remain under the settlement provisions in SW 37.1–39.1, subject to meeting the English language requirement at CEFR level B2 and the Knowledge of Life in the UK requirement.

Dependants

A Skilled Worker may bring a partner and children as dependants under SW 26.1–36.2, subject to the financial-maintenance requirement in Appendix Finance and the Immigration Health Surcharge. From 11 March 2024, care workers sponsored in SOC codes 6135 (care workers and home carers) or 6136 (senior care workers) may not bring new dependants (though existing dependants granted permission before that date may continue to extend). From 22 July 2025, similar dependant restrictions apply to workers in medium-skilled roles below RQF 6 sponsored on the Immigration Salary List or the Temporary Shortage List.

Application process and fees

Applicants must apply online on the gov.uk website using the specified form (SW 3.1–3.2), pay the application fee, and pay the Immigration Health Surcharge (IHS) in full for the period of the visa. The standard entry-clearance fee for a Skilled Worker visa applied for outside the UK is £719 for a visa lasting up to three years and £1,423 for a visa lasting more than three years (as of the Immigration and Nationality (Fees) Regulations 2018, as amended; fees are revised periodically). Applications from within the UK to switch into or extend Skilled Worker permission are similarly tiered. Health and Care Worker applicants—individuals sponsored in eligible health or social-care occupations who hold a Certificate of Sponsorship confirming Health and Care Worker eligibility—benefit from reduced fees (a discount of £581 or £1,161 depending on grant length) and an exemption from the Immigration Health Surcharge.

Source: Immigration Rules Appendix Skilled Worker Source: Skilled Worker caseworker guidance, 16 December 2025 Source: Sponsor a Skilled Worker guidance, version 04/26

A UK employer that wishes to sponsor a foreign national under the Skilled Worker route, Global Business Mobility route, or other worker immigration routes must first obtain a sponsor licence from the Home Office. The licence is not a one-off permission but an ongoing relationship: the employer becomes an authorised sponsor, assumes statutory compliance duties, and gains access to the Sponsorship Management System (SMS) through which it assigns Certificates of Sponsorship to prospective workers. Without a sponsor licence, an employer cannot lawfully sponsor an individual for a UK work visa.

Eligibility and the genuineness requirement

To be eligible for a sponsor licence, an organisation must be a genuine UK business or entity operating lawfully in the United Kingdom. The Home Office assesses whether the applicant is honest, dependable, and reliable, and whether it can meet its sponsor duties. An applicant must demonstrate that it has genuine vacancies and suitable human-resources systems to monitor sponsored workers, keep required records, and report material changes to the Home Office as required by the sponsor guidance.

If the organisation has been operating or trading in the UK for less than 18 months, it must provide evidence of a current corporate bank account with a bank registered by the Financial Conduct Authority and the Prudential Regulation Authority. This requirement applies to new start-ups and recently incorporated entities. There is no blanket bar on start-ups obtaining a sponsor licence, but newer organisations face heightened scrutiny and must provide more detailed supporting documents to establish their legitimacy.

The organisation and its key personnel must not have unspent criminal convictions for immigration offences or certain other serious crimes such as fraud, money laundering, or people-trafficking. The Home Office conducts criminal-record and immigration-compliance checks on the organisation's Authorising Officer, Level 1 User, and (if different) the organisation's most senior officer. If these checks reveal a material risk to immigration control or evidence of prior non-compliance, the application may be refused.

Application fees and processing times

Sponsor licence fees are set out in Schedule 4, Table 14, of the Immigration and Nationality (Fees) Regulations 2018 (as frequently amended). As of April 2026, the standard application fee for a Worker licence (covering the Skilled Worker, Minister of Religion, and International Sportsperson routes) is £536 for small or charitable sponsors and £1,476 for medium or large sponsors. An organisation qualifies as a small sponsor if it meets at least two of the three criteria set out in the Companies Act 2006 for a small company: annual turnover not exceeding £10.2 million, balance-sheet total not exceeding £5.1 million, and no more than 50 employees.

The Home Office aims to decide sponsor licence applications within eight weeks of the application being submitted and all required supporting documents being received. In practice, processing times vary; some straightforward applications are decided more quickly, while complex cases or applications requiring a compliance visit may take longer. A sponsor licence priority service is available (subject to capacity) for an additional fee of £500; use of the priority service reduces the decision time to ten working days after the supporting documents are received.

Appointment of key personnel

As part of the application, the prospective sponsor must nominate individuals to fill three mandatory roles:

• Authorising Officer: the most senior person responsible for the sponsor licence. This individual must be a senior employee or officer of the organisation (for example, a director, chief executive, or partner) who has the authority to bind the organisation and take responsibility for its sponsor duties. The Authorising Officer is the Home Office's primary point of accountability. The role cannot be delegated to a third party or representative outside the organisation, and there can be only one Authorising Officer at any one time.

• Key Contact: the day-to-day contact between the sponsor and the Home Office. The Key Contact receives official correspondence from the Home Office, including notices of compliance action, requests for information, and guidance updates. This person must be resident in the UK and must be an employee or officer of the organisation (not an external representative).

• Level 1 User: the person who manages the sponsor's account in the Sponsorship Management System. The Level 1 User assigns Certificates of Sponsorship, updates worker records, and submits the sponsor's statutory reports. At least one Level 1 User must be appointed in the initial application, and this person must be resident in the UK and employed or engaged by the organisation. Additional Level 1 and Level 2 Users may be added after the licence is granted.

All three mandatory roles must be filled by individuals who are eligible to work in the UK without restriction. One person may hold more than one role (for example, the Authorising Officer and Key Contact may be the same individual), though the Home Office recommends separate individuals for accountability purposes. External immigration advisers and representatives cannot be appointed as Authorising Officer or Key Contact, though they may be appointed as Level 1 or Level 2 Users if the sponsor chooses.

Supporting documents and evidence

The applicant must provide supporting documents to prove that the organisation is genuine, operating lawfully, and capable of meeting its sponsor duties. The required documents are set out in Appendix A to the sponsor guidance, Sponsor guidance Part 1: Apply for a licence, published by the Home Office.

For most Skilled Worker licence applicants, the sponsor must provide at least four documents from the categories specified in Appendix A. These typically include evidence of the organisation's legal status and trading history (for example, audited accounts for the most recent financial year, evidence of registration with Companies House or equivalent, VAT registration, or incorporation documents), evidence of premises in the UK (such as a lease or freehold title), evidence of PAYE and employer obligations (HMRC PAYE registration, recent payslips for existing employees, or a letter from HMRC confirming the employer's PAYE scheme), and evidence of a UK bank account (recent bank statements in the organisation's name).

In addition to the general documents, Skilled Worker licence applicants must provide specific information about the organisation and the jobs they intend to fill. This includes a description of the organisation's business activity, the number of employees, a list of current vacancies or roles the sponsor intends to fill (with SOC 2020 occupation codes, job titles, salary, and working hours for each role), and an explanation of how the sponsor identified the worker if a specific individual has already been chosen. If the organisation has 50 or fewer employees, it must provide a full staff list with names and job titles.

Pre-licence compliance visits and decision

The Home Office may conduct a pre-licence compliance visit before deciding the application. During a compliance visit, immigration officers attend the sponsor's premises to verify the information provided in the application, assess the sponsor's HR systems, and interview key personnel. The visit is not automatic, but is more common for new sponsors, smaller organisations, or applicants in sectors with higher compliance risk (for example, adult social care or sectors historically associated with illegal working). The outcome of the compliance visit will influence the decision on the application.

If the application is approved, the Home Office issues a sponsor licence decision letter, assigns the sponsor a unique sponsor licence number, and grants access to the Sponsorship Management System. The sponsor's details are added to the public Register of Licensed Sponsors, which is searchable on GOV.UK. The sponsor may then assign Certificates of Sponsorship to prospective workers.

As of April 2024, Worker sponsor licences (excluding UK Expansion Worker and Scale-up Worker licences, which are time-limited to four years) are granted indefinitely and do not require periodic renewal, provided the sponsor continues to meet its compliance duties. The Home Office may, however, suspend, downgrade, or revoke a licence at any time if the sponsor breaches its duties or ceases to meet the eligibility requirements.

Grounds for refusal

An application for a sponsor licence may be refused on a variety of grounds. Common reasons for refusal include failure to provide sufficient documentary evidence that the organisation is genuine and trading lawfully; failure to demonstrate adequate HR systems to monitor workers and comply with sponsor duties; evidence that the nominated key personnel have unspent criminal convictions or a history of immigration non-compliance; evidence that the organisation or its officers have previously breached immigration law or sponsor duties; submission of false or misleading information in the application; or a finding that the organisation does not have a genuine need for sponsored workers. A refusal decision may be challenged by applying for administrative review under Appendix AR to the Immigration Rules, but the grounds for administrative review are limited to caseworker error; there is no right of appeal to the First-tier Tribunal against a sponsor licence refusal.

Ongoing compliance obligations after grant

Once the licence is granted, the sponsor assumes a suite of ongoing statutory duties. The sponsor must ensure that each sponsored worker is employed in the role, at the salary, and under the conditions stated on the Certificate of Sponsorship; maintain a right-to-work check for each sponsored worker and retain a copy of the worker's passport or biometric residence permit; keep detailed records of each worker's attendance, absences, salary, and any changes to their employment; and report specified events to the Home Office within specified time limits (for example, the sponsor must report within ten working days if a sponsored worker stops working for the sponsor, is absent from work without permission for ten consecutive working days, or experiences a material change in their role or salary that is not consistent with the Certificate of Sponsorship).

Failure to meet these duties can result in compliance action by the Home Office, including downgrade of the sponsor's rating from A-rated to B-rated (which prevents the sponsor from assigning new Certificates of Sponsorship), suspension of the licence, or revocation of the licence. Revocation terminates the sponsor's authority to sponsor workers and typically results in curtailment of the leave of all workers sponsored by that sponsor.

Source: Sponsor guidance Part 1: Apply for a licence – version 03/26 Source: Apply for a sponsor licence, GOV.UK Source: Immigration and Nationality (Fees) Regulations 2018, Schedule 4