There have been many changes to visas in the last year, including updates to sponsorship licences for both universities and businesses. Understanding the new rules and regulations will help ensure that you don’t have this license revoked or that you can’t hire abroad to bring skilled talent to your company.
It’s important not only to understand the changes but also to navigate them to minimise any negatives they may bring.
What Are The Changes?
Increase Skill Level
When hiring talent, the bar is set higher, so for the hire to be eligible, the employee must be at a regulated qualification framework level 6 or above, a change that has now removed around 180 occupations from eligibility. While this may not impact your company, it can mean that companies hire only a limited pool of applicants and do not provide opportunities for skilled workers who have the potential to grow within the company.
Higher Salary Thresholds
New hires are generally subject to a higher minimum salary threshold with some exceptions. While this, to an extent, coincides with higher-level / skill requirements. However, this can put a strain on the company when hiring talent that is new to the industry or their way of working, so there is an awkward period of paying a higher wage during the training period. However, there is the argument that when hiring for well-paid, skilled roles, they may need minimal training, but can also bring some positive impact to the role and company immediately.
New Lists
The previous shortage occupation list (SOL) was replaced by the new immigration salary list (ISL) and an interim temporary shortage list (TSL) for certain roles at the regulated qualification framework levels 3 through to 5.
Dependent Restrictions
Individuals sponsored for roles on the TSL cannot bring dependents to the UK. Which limits and restricts further the skilled worker pool.
Cost Prohibition
As of last December 2024, employers were and are prohibited from passing on the cost of the sponsor licence or Certificate of Sponsorship (CoS) fees to the sponsored worker. I think from an employee perspective, this is fair. The company should be able to cover the cost in order for you to migrate or work for their company over those that are closer to home.
How to Navigate Through These Rule Changes
Audit Existing Roles
Check your records, as unfortunately, you are unable to continue sponsoring roles that are no longer within the eligibility criteria. While this is inconvenient as a company, you have invested in this employee, so being forced to fire these individuals is very expensive to replace.
Once you have audited the existing positions, those that aren’t eligible for the sponsorship will no longer and if you want to keep them, encourage alternative visa options that you can support or even fund with an Immigration lawyers, as this is more cost-effective than rehiring and retraining for the same role. Whether it’s helping apply for a work visa, an indefinite leave to remain or a temporary work visa for the time being.
Update Recruitment Strategies
With changes, you will inevitably need to update the hiring process, as you may now be encouraging more skilled workers to choose your company over several others. While it will help if you look at talent already here in the UK, also consider expats who already have a visa, such as Graduate Visas, which allow you to fill entry-level positions that are still within sponsorship eligibility with a degree.
Other ideas could include recruiting from domestic sources, which will mean your company should enhance training, apprenticeships and internships. Utilising alternative recruitment solutions, such as refreshing job adverts and embracing the new audience you will be reaching.
Ensure Compliance
Compliance with the new changes is imperative, as it will ensure your sponsorship licence remains valid. Any mistakes could completely remove your ability to attract high international talent. If you are ever unsure if you aren’t following compliance to confirm with immigration lawyers in London that specialise in sponsorship licences.
Other areas of compliance include ensuring the new salary thresholds are met, updating your internal offer letter templates, and maintaining rigorous record-keeping to prepare for a potential home office compliance visit, which will further help ensure your licence isn’t revoked.