Executive Summary
The UK sponsorship framework requires employers holding a sponsor licence to maintain effective governance, demonstrate genuine business or organisational activity, comply with their sponsorship reporting and record-keeping obligations, and ensure that sponsored workers are employed in accordance with applicable immigration and employment requirements.
The changes and developments identified for 2026 require sponsors to review their internal policies, HR procedures, personnel access controls and workforce planning arrangements.
Attention should be given to the communication of UK employment rights, evidence of genuine UK operations, and the transition away from the Level 2 user role within the Sponsorship Management System (SMS).
Employers should also begin preparing for two anticipated developments affecting 2027: the increase in the English-language requirement for relevant settlement applicants and the scheduled expiry of the Immigration Salary List.
The principal compliance priorities are:
Communication of UK Employment Rights
Compliance objective
The reported March 2026 change places particular emphasis on sponsors informing sponsored workers of their UK employment rights and maintaining evidence that the relevant information has been communicated.
Sponsors should incorporate this requirement into their onboarding procedures, employment documentation and ongoing HR compliance arrangements.
The precise commencement provisions, scope of the duty and applicable transitional arrangements should be checked against the operative Home Office guidance before implementation.
Principal employment rights to communicate
The information provided to sponsored workers should address, as applicable to their employment, the following areas:
Written statements concerning trade union rights
The supplied information identifies October 2026 as the commencement point for written statements concerning trade union rights.
As this is a specific legal commencement claim, sponsors should verify the relevant legislation, commencement regulations, affected employers and workers, prescribed content and applicable deadline before treating the requirement as universally operative.
Where a written statement is required, employers should ensure that it is incorporated into the appropriate recruitment or onboarding documentation and that its delivery can be evidenced.
Evidence and record-keeping
Sponsors should adopt a consistent method of recording when and how employment rights information has been provided.
Acceptable supporting evidence may include:
The information supplied indicates that individual records may not be required for workers who commenced employment before 6 March 2026, although employers should still be able to demonstrate that their HR systems communicate the relevant rights. This transitional position should be confirmed against the applicable official guidance.
Recommended control
The employer should introduce a standard employment rights communication process for all relevant sponsored workers, with a designated HR owner responsible for maintaining the evidence.
The process should include new starters, existing sponsored workers where applicable, changes to relevant employment policies and any additional written statements required by law.
The Operating or Trading Test
Purpose and compliance implications
The reported Home Office guidance dated 20 May 2026 places emphasis on whether a sponsor is genuinely operating in the United Kingdom.
Sponsors should be able to demonstrate that their organisation has a real UK presence and conducts genuine activities consistent with its stated business or organisational purpose.
The relevant assessment should be considered alongside the applicable sponsor licence eligibility criteria and evidential requirements. Incorporation, registration or the existence of a registered address should not, by itself, be assumed to establish that all substantive operating requirements have been met.
Evidence of genuine activity
Depending on the organisation's circumstances, relevant evidence may include:
Charities and non-profit organisations
Charitable and non-profit organisations should not assume that the absence of conventional commercial profits prevents them from demonstrating genuine operations.
Relevant evidence may instead concern the delivery of services, support to beneficiaries, grant-funded activities, contracts, public services or other legitimate organisational functions.
The nature of the evidence should reflect the organisation's legal form, funding model and actual activities.
High-risk operating models
The following circumstances may warrant enhanced compliance scrutiny:
Recommended control
The employer should maintain an organised sponsor licence evidence file demonstrating its genuine UK operations. The file should be reviewed periodically and updated whenever there is a material change in the organisation's business model, premises, ownership, customer base or service delivery arrangements.
The finance, operations and HR teams should coordinate to ensure that the evidence of trading or activity is consistent with the organisation's sponsorship records.
Sponsorship Management System: Security and User Access
Multi-factor authentication
The Sponsorship Management System is a central mechanism for administering a sponsor licence. Depending on the user's permissions, it enables authorised personnel to manage licence information, undertake permitted sponsorship activities, assign Certificates of Sponsorship and report relevant changes to UK Visas and Immigration.
The reported introduction of mandatory multi-factor authentication requires sponsors to review access arrangements and ensure that authorised users can satisfy the applicable authentication requirements.
Employers should ensure that:
Discontinuation of the Level 2 user role
The supplied information identifies 9 September 2026 as the date from which sponsors can no longer appoint new Level 2 users. It also identifies 8 March 2027 as the deadline after which existing Level 2 accounts will be deactivated.
On that basis, sponsors should treat the transition as an immediate governance priority, while verifying the exact deadlines and transitional arrangements against the latest official SMS guidance.
The required review should establish:
Authorising Officer oversight
The Authorising Officer should maintain appropriate oversight of the organisation's sponsorship activities and the individuals authorised to administer its licence.
This should include periodic review of user access, confirmation that key personnel remain suitable for their roles, monitoring of outstanding reporting obligations and escalation of any suspected misuse or unauthorised access.
A documented access register and periodic review process would provide an appropriate audit trail.
Other Sponsor Licence Compliance Obligations
Right to work procedures
Employers should review their right to work procedures to ensure that the prescribed checks are undertaken correctly, at the appropriate time and using the permitted methods.
The review should distinguish between the employer's general right to work duties and its additional sponsorship obligations. These obligations overlap in practice but are not interchangeable.
Procedures should address the recruitment process, follow-up checks where required, changes in immigration status, expiry dates and the escalation of any identified concerns.
Reporting and record-keeping
Key personnel should understand the circumstances in which changes must be reported to the Home Office and the applicable reporting deadlines.
The employer should maintain a written responsibility matrix identifying who is responsible for:
Internal governance
Sponsor licence compliance should be treated as an ongoing organisational responsibility rather than an administrative task performed only when a Certificate of Sponsorship is required.
A periodic compliance review should be undertaken by HR or the designated compliance function, with findings reported to senior management and material issues escalated to the Authorising Officer.
Preparing for 2027
English-language requirement for settlement
The supplied information identifies 26 March 2027 as the date from which relevant settlement applicants, including Skilled Workers, will generally be required to demonstrate English-language ability at B2 level in speaking and listening, subject to applicable exemptions and transitional provisions.
This represents a proposed increase from the B1 level identified in the supplied material.
Before relying on this date or the precise scope of the change, employers should verify the applicable Immigration Rules, commencement provisions, evidential requirements and any transitional arrangements.
Expiry of the Immigration Salary List
The supplied information identifies 31 December 2026 as the scheduled expiry date of the Immigration Salary List.
Employers who rely on the list when assessing recruitment eligibility, salary requirements or sponsorship arrangements should review the roles concerned before the end of 2026.
The implications will depend on the applicable Immigration Rules, the occupation and salary provisions, the relevant application or extension circumstances and any transitional arrangements.
The employer should:
Recommendations and Conclusion
The employer should implement a coordinated sponsor licence compliance programme that integrates employment law, immigration compliance, business operations, information security and workforce planning.
The immediate priorities are to verify the current legal requirements, strengthen evidence of employment rights communication, confirm genuine UK operational activity and complete a full review of SMS access arrangements.
The employer should also establish a structured process for monitoring regulatory developments affecting 2027, particularly the scheduled expiry of the Immigration Salary List and the reported increase in the settlement English-language requirement.
Senior management should receive periodic compliance updates, and the Authorising Officer should retain appropriate oversight of sponsorship administration and material compliance risks.
A documented, evidence-based and regularly reviewed compliance framework will place the organisation in a stronger position to demonstrate that it understands and fulfils its sponsor obligations. The organisation should not rely solely on the dates or summaries contained in this report where the underlying legal provisions, commencement arrangements or Home Office guidance have not been independently verified.
For most roles in the Skilled Worker category, the skill level required has been increased from RQF Level 3 to RQF Level 6. RQF Level 6 represents degree-level jobs. This is new requirement and does not apply to those who are already in the UK on Skilled Worker visas,
although we gather that the transitional arrangements for such individuals will not remain in place indefinitely.
The requirement for the job to be RQF Level 6 applies to visa applicants (i.e. individuals applying from overseas), and those entering the route for the first time. This results in a reduction of about 180 occupations from the main Skilled Worker list.
The Salary levels increased (again!). This reignites the debate as to whether companies can continue being competitive at a global level and attracting foreign talents without affecting profitability.
The minimum salary level for the Skilled Worker visa has been increased to £41,700. For the
Global Business Mobility Senior or Specialist Worker visa it has been increased to £52,500 as a minimum. As always, the rate for the role is the relevant rate if this is higher. These have also been increased.
Prior to the changes coming into force, the government had announced that there would not be transitional provisions for those already in the UK on work visas in relation to salary. This has not been the norm to date (despite what the government has said). In fact, there are transitional provisions in relation to salary for those who received their Skilled Work visas before 4 April 2024 and have continued to hold a Skilled Work visa since. For such individuals, the minimum salary threshold is £31,300, or the going rate for the role if this is higher.
Changes on the horizon for shortage occupations. Jobs in shortage in the UK are currently represented by the Immigration Salary List. This is being replaced by a Temporary Shortage List. In the meantime, the Immigration Salary List has been expanded with certain roles at RQF Levels 3-5 which are in shortage, and there is also an interim Temporary Shortage list. There will be several conditions attached to jobs in the Temporary Shortage List including the inability to bring dependants if being sponsored in a role at NQF Levels 3-5 (medium skilled) for the first time post 22 July 2025.
New operations in the US. The way UK visa applications are made in the US has changed. It seems the US is following suit with the rest of the world and will no longer being using the Department of Homeland Security’s Application Support Centres and will henceforth be using the centres run by VFS Global for biometric enrolment and passport submission. Although this removes the cumbersome requirement of sending passports to New York, there will be considerably less VFS Global centres which will increase travel times for some and potentially wait times for an appointment.
There are several other changes brought in recently including visa vignettes no longer being issued for main applicants on work and study routes, with applicants being invited to register for a UKVI account immediately to obtain their eVisa. Some harsh sanctions have also been introduced for Sponsors who have shown themselves to consistently abuse the Sponsorship system.
The complexity of the new rules show that it is imperative to obtain advice on a case by case basis and as always, it is important to remember immigration rules are subject to change with minimal or even with no notice.
Please contact us should you have any questions.
Further to Government’s statement of changes to the Immigration Rules of 14 March 2024 which is due to come into effect after the 4 April 2024 we have listed the main changes that may affect our clients:
Skilled Workers sponsored after 4 April 2024
The Skilled Worker minimum salary thresholds are increasing:
Those changes will also be reflected in the individual SOC codes. The appropriate rates detailed in the SOC codes will be increasing and will be set out in the new Table 1 of Appendix Skilled Occupations from 4 April 2024
The 20% discount to the going rate for shortage occupations (Option D) will be removed, although the 10% discount for relevant PhDs (Option B), the 20% discount for STEM PhDs (Option C) and the 30% discount for new entrants (Option E) will be retained.
The current Shortage Occupation List under Option D will be replaced with an Immigration Salary List, which contains fewer eligible SOC codes.
Please note that if an individual is applying to work in a role that is subject to a national pay scale, the minimum salary threshold will be £23,200 (Option K) but they must also be paid at least the appropriate rate set by the national pay scale for that role or salary band.
If a Certificate of Sponsorship (CoS) was assigned before 4 April 2024
Where the applicant has been assigned a valid CoS before 4 April 2024 the application will be decided in line with the rules in force before 4 April 2024.
Current Skilled Workers applying to extend or change employers
Someone who has held continuous permission as a Skilled Worker that was originally granted before 4 April 2024 and where the role is not subject to the national pay scale, there will be smaller increases in the thresholds and going rates but these will still be based on the 25th percentile.
Some SOC codes which are eligible for sponsorship under the current rules will no longer be eligible after 4 April 2024 because they are now deemed to be skilled below RQF Level 3 – these are listed in the new Table 2a of Appendix Skilled Occupations and include examples such as nannies, concierges, fashion stylists and car salesmen.
The New Immigration Salary List
In December 2023, the Home Secretary announced that the government would be removing the 20% discount to the going rate for roles on the Shortage Occupation List and would replace the Shortage Occupation List with a new Immigration Salary List.
The list will be ‘shorter’ and almost half of jobs currently on the list will be removed.
If a Skilled Worker is currently sponsored in a role which was included on the Shortage Occupation List but is no longer on the list when they make their next application, they will still be able score points for the lower threshold and for the 20% discount to the going rate, but only if they will be extending their visa to continue working in the same role for the same sponsor.
Global Business Mobility routes
For the Global Business Mobility routes; most thresholds are being raised from 45,800 GBP to 48,500 GBP while the Graduate Trainee route threshold is being raised from 24,220 GBP to 25,410 GBP.
Going rates for the Global Business Mobility routes will continue to be based on the 25th percentile of roles within the relevant SOC code. This can be found in the new Table 2 of Appendix Skilled Occupations, with Graduate Trainee continuing to benefit from the 30% discount to the going rate.
Changes to the scale-up route
The government has also increased the threshold salary for the scale-up route, raising this from 34,600 GBP to 36,300 GBP
The Chagos Islands… The Chagos archipelago is a place close to our heart as the founder of Bonheur Legal originates from the Islands. It is a place that has seen its’ inhabitants expelled from their own land by the UK and made homeless between 1967 and 1973 in order for the US to set-up a military base.
In 2002, the UK agreed to grant British citizenship to British Overseas Territories citizens which meant that the Chagossians and their children could gain British citizenship. This however did not extend to grandchildren and great-grand-children.
After years of campaigning, the Government has agreed to amend the Nationality and Border Act, such that the British nationality has now been extended to People of Chagossian descent. The chagossian descent have a five-year period to register as British citizens.
Applying for the British Citizenship
The application process is now opened and since the 23 November 2022, the applicants can apply for British overseas territory citizenship or British citizenship at the same time and if successful, will obtain both statuses.
Applications can be made online at https://visas-immigration.service.gov.uk/product/nationality-biot
Note that if you live overseas, you will be required to attend a biometric appointment at a visa centre as part of the application process.
Documents required
As part of the requirements, the applicants will have to provide evidence that they are a descent of a Chagossian born in the Chagos Islands. This can include marriage certificates, court records etc. It is our understanding that the Home Office will approach each case on its own merits and where evidence might be lacking, they will attempt to check their records to locate this.
Costs
The application is free of charge.
How can we assist
We can help you with the whole application and some of our staff can speak and write in creole.
The Home Office has recently issued a set of relevant sponsor amendments.
What you should know:
Scale-up Worker visa
Since 22 August 2022, fast-growing UK businesses can attract talents under the Scale-up visa route.
Definition
A fast-growing or scale-up business is a high-growth company that has:
This definition seems in line with that of the Organisation for Economic Co-operation and Development (OECD). The OECD defines high-growth enterprises as ‘All enterprises with average annualised growth greater than 20% per annum, over a three-year period should be considered as high-growth enterprises. Growth can be measured by the number of employees or by turnover.’
A Scale-up Worker visa will allow a visa national to come and perform an eligible job for a fast-growing company.
Requirements
To qualify for a Scale-up Worker visa the applicant must:
Duration of Stay
The migrant can potentially stay for a:
It is interesting to note that although the initial visa lasts for two years, the applicant must work for the specified sponsor for only the first six months.
This is a welcomed option to the sponsor as after 6 months, the administrative duties imposed on the sponsor is lessened and there is no Immigration Skills Charge which represents a considerable saving to the employer.
For the employee, he or she enjoys some flexibility as to where he or she can work.
Becoming a Scale-up Sponsor
You will have to go through the normal process of applying for a Sponsorship Licence and the Sponsors who hold a general sponsor licence will need to add the scale-up option to their licence. When applying the Home Office will check the HMRC data directly and it is therefore important that the companies HMRC’s records are up to date.
Unlike the general licence, the scale-up licence cannot be renewed beyond the four years.
Indefinite Leave to Remain
After 5 years of continuous stay under the Scale-up Worker visa you may be able to apply to settle permanently in the UK and apply for the Indefinite Leave to Remain.
