Applying for a licence

Under the Workers and Temporary Workers sponsorship system, UK-based employers are required to apply for a licence from the Home Office if they wish to sponsor workers from overseas.

If granted a sponsor licence and one or more (‘undefined’) Certificates of Sponsorship (CoS), the sponsor must issue the CoS itself, once it is happy that the relevant criteria are met. For Skilled Worker sponsors, where an individual will be applying from overseas, the sponsor must first request and obtain a ‘defined’ CoS from the Home Office. Issuing a CoS will not guarantee that the applicant will be able to work for an employer, as they have to then submit an entry clearance or permission to stay application which have their own separate, although in most cases linked, points-based and additional criteria (as set out in the Immigration Rules).

Sponsors are subject to significant responsibilities. The relevant Sponsor Guidance gives a long list of sponsor duties and responsibilities which sponsors must meet on an ongoing basis. A prospective sponsor must be confident that it has sufficiently efficient and robust HR systems to be able to comply with these.

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Home Office revises all principal Sponsor Guidance documents

On 6 March 2026 the Home Office brought into force version 03/26 of the principal sponsor guidance documents within the ‘Workers and Temporary Workers: guidance for sponsors’ collection, together with consequential amendments to the route-specific guidance for Skilled Workers. The changes affect Part 1: Apply for a licence, Part 2: Sponsor a worker, Part 3 (compliance and enforcement), Appendix D (record-keeping guidance) and the ‘Sponsor a Skilled Worker’ guidance, and also see the introduction of a new standalone and expanded Glossary. There is now extensive cross-referencing across all documents to that centralised source of definitions. Across the suite of guidance, the concept of a ‘genuine vacancy’ or ‘genuine employment’ has been removed and replaced with the newly defined term ‘eligible role’. This definition, now embedded in the Glossary and incorporated expressly into the other guidance documents, requires that the role must exist or be reasonably anticipated, meet all route-specific requirements including skill level and salary thresholds, comply with wider employment legislation and remain appropriate to the sponsor’s business throughout the period of sponsorship. References to assessing whether a vacancy is ‘genuine’ have been systematically replaced with consideration of whether the work meets the definition of an ‘eligible role’ and refusal, suspension and revocation provisions have been redrafted accordingly.  Other changes include Parts 1 and 3 now making explicit that sponsorship is voluntary, that a licence is granted at the discretion of the Home Office and creates no enforceable right and now stating that enforcement action may be taken on the basis of ‘reasonable suspicion’ of non-compliance rather than established breach. Further details of the changes will follow.

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