Recent announcements of updates to the UK Immigration Rules and UK Home Office sponsorship guidance introduce a number of changes that will affect employers who sponsor workers. These include amendments to the Skilled Worker visa, updates to sponsor compliance expectations, and changes to the English language requirement for settlement. This note summarises the key developments and the practical implications for sponsors.
Statement of changes
The UK government has released its first statement of changes to the Immigration Rules (HC 1691) for this year. This set of changes includes some notable amendments to the Skilled Worker visa and the English language requirement for settlement. Anticipated changes to Skilled Worker salary thresholds were not included in this latest update but these developments are still anticipated this year.
We understand from recent news reports that the proposals to introduce earned settlement will be implemented from Autumn and will apply retrospectively to those already in the UK.
Skilled Worker (pay periods)
The Skilled Worker rules are being amended so that employees must receive, in every pay period, the salary specified on their Certificate of Sponsorship, except where the Immigration Rules allow for legitimate variations.
This measure is intended to protect workers and enable the UK Home Office to respond quickly to any concerns about underpayment. If underpayment is identified, the sponsor will be notified and required to account for any variations in salary
This provision will apply to individuals who submit a Skilled Worker visa application using a Certificate of Sponsorship on or after 8 April 2026.
This change may have a greater impact on workers whose hours vary, resulting in uneven pay. Whilst further clarification may be required on the practical implications of this change, it will remain important for sponsors to report any decreases in salary payments or irregular working patterns to avoid potential Home Office investigation.
Skilled Worker (Visa brake for nationals of Afghanistan)
From 26 March 2026, the Home Office will refuse Skilled Worker entry clearance applications from main applicants who are nationals of Afghanistan. The reason cited is the high proportion of asylum claims made by individuals of this nationality after entering the UK on a visa.
The brake is not intended to be permanent and will be reviewed regularly. Individuals who already have permission to remain in the UK will not be affected by this change and will continue to be able to apply for extensions where appropriate.
A similar brake is also being applied to Student visas for nationals of Afghanistan, Cameroon, Myanmar and Sudan.
English language requirement (settlement)
In line with commitments outlined in the UK Immigration White Paper, the Home Office will increase the level of English language required for individuals who wish to settle in the UK.
From 26 March 2027, applicants seeking settlement will need to demonstrate English language proficiency at B2 level under the Common European Framework of Reference for Languages.
This aligns with changes introduced earlier this year for applicants entering the Skilled Worker route.
The change will apply to all applicants, including those already on a route to settlement. The delayed implementation date is intended to give individuals sufficient time to improve their English language ability if required.
Use of biometrics
The Home Office will extend the current arrangement allowing non-EEA nationals to rely on an expired biometric residence card as evidence of their identity and nationality.
Provided the biometric residence card expired within the last 60 months, individuals will be able to continue using the digital application process without attending a biometric appointment when submitting visa applications from within the UK.
Other notable changes
Other changes introduced in the statement of changes include:
- The length of leave granted to individuals recognised as refugees will be reduced from five years to 30 months
- Expansion of the Global Talent visa to include a new Design Pathway
- An extension of the Ukraine Permission Extension Scheme for a further 24 months
- The introduction of a visit visa requirement for nationals of Nicaragua and St Lucia
Changes to Home Office guidance
The Home Office publishes extensive guidance on sponsorship which expands on the law and principles set out in the Immigration Rules. Sponsors are expected to read and remain familiar with this guidance. There have recently been a number of changes to the guidance which are relevant for sponsors.
Sponsorship covering individuals who are “engaged”
The Home Office has added wording in several guidance documents confirming that sponsorship can apply to individuals an employer “engages”, as well as those it “employs”.
This provides explicit confirmation that self-employed individuals and those with other forms of worker status, may potentially be sponsored.
Work rights and welfare guidance
New guidance has been introduced for sponsors regarding work rights and welfare. This makes clear that sponsors must comply with UK employment law and have HR systems or processes in place demonstrating that sponsored workers have been informed of their employment rights in the UK.
Sponsors will also need to retain records showing that this information has been provided to sponsored workers. Examples of how this could be communicated may include;
- Employment contracts
- Training sessions
- Awareness or induction courses
Lower threshold for compliance action
The Home Office can now take compliance action where it “reasonably suspects” that a sponsor:
- Is failing or has failed to comply with its duties, or
- Is failing or will fail to comply.
This change lowers the evidential threshold required before enforcement action can be taken.
“Eligible role requirement” replacing the “genuine vacancy” test
The previous requirement for a sponsor to demonstrate a “genuine vacancy” has been replaced with an “Eligible role requirement”. Under this requirement, the sponsorship role must:
- Exist at the point the Certificate of Sponsorship is assigned, or be reasonably anticipated to exist
- Require the jobholder to perform the duties and responsibilities, including the number of working hours, specified in the Certificate of Sponsorship
- Meet all requirements of the relevant immigration route, including skill and salary thresholds
- Be appropriate to the organisation in light of its business model, business plan and scale
Right to work checks
Guidance has also been amended to expressly state that sponsors must conduct right to work checks on any worker they wish to employ or sponsor, including individuals who are not direct employees.
This requirement applies even where the individual appears to be a British citizen or otherwise settled in the UK.
Matching roles to SOC codes
Further clarification has also been provided on how to match a role to the relevant Standard Occupational Classification (SOC) code.
The guidance requires:
- The occupation code and job description to accurately reflect the role
- Sponsors not to exaggerate the duration of the role
- Sponsors to notify the Home Office of certain permitted role changes
Working in a role that does not match the occupation code or job description (outside permitted changes) will now be treated as a mandatory ground for sponsor licence revocation.
Conclusion
These changes reflect a continued focus by the UK Home Office on strengthening compliance within the UK’s sponsorship system and increasing scrutiny of employers who sponsor workers.
Employers should take this opportunity to review their current practices, including payroll arrangements for sponsored workers, right to work check procedures, and how roles are matched to the appropriate occupation codes under the Skilled Worker visa. It will also be important to ensure that HR systems and record-keeping processes clearly demonstrate that sponsored workers have been informed of their employment rights in the UK.
Taking proactive steps now to review policies and procedures can help sponsors mitigate compliance risks and avoid potential enforcement action. Employers who have any concerns about how these changes may affect their organisation, or who require support in reviewing their sponsorship practices, are welcome to get in touch with our immigration team.
We will be discussing these changes along with other UK immigration developments in our webinar on 7 May 2026 at 9am. Please sign up here.
