Can You Sponsor This Employee in the UK? Check Visa Eligibility Before You Apply (2026)
Not sure if you can sponsor an employee under the UK Skilled Worker visa? This guide explains the key requirements, including sponsor licence eligibility, job role criteria, and salary thresholds, helping employers quickly assess whether a candidate qualifies before applying.
Dhruti Thakrar
Dhruti Thakrar is a leading UK immigration solicitor and partner at Keystone Law, with over 28 years of experience advising multinationals, blue-chip firms, startups, and high-net-worth individuals. Recognized by The Legal 500, she specializes in both corporate and personal immigration law, sponsor licence compliance, and complex casework.
Before issuing an offer to an international candidate, employers need to confirm one thing: will this hire actually be approved under UK visa rules?
Many companies only discover eligibility issues after an offer is accepted leading to delays, offer withdrawals, and serious compliance risks. The problem isn’t always obvious. A role can look perfectly eligible on the surface, yet fail on salary thresholds, SOC code requirements, or Confirmation of Sponsorship (CoS) availability.
This checklist walks you through the five critical checks every employer should complete before extending an offer to a candidate who needs a Skilled Worker visa.
The 5-point employer eligibility checklist
Run through each check before making an offer. Any one of these can result in a visa refusal.
Check 1: Does the role qualify?
The job must correspond to an eligible SOC (Standard Occupational Classification) code on the Home Office’s approved occupation list. Simply having the right job title isn’t enough, the duties and skill level must match the SOC code, and that code must appear on the eligible occupations list. Some roles require specific qualifications or professional registration to qualify.
Check 2: Does the salary meet the requirements?
The candidate must be paid at least the higher of: the general salary threshold (currently £38,700 for most roles in 2026), or the “going rate” for their specific SOC code. Part-time roles are not simply pro-rated and the hourly rate must still meet the going rate for the occupation. New entrant rates may apply in some cases, but these have their own conditions.
Check 3: Do you hold a sponsor licence?
Only organisations with a valid Skilled Worker sponsor licence issued by the Home Office can sponsor overseas workers. If you don’t have one, you cannot issue a Certificate of Sponsorship. Applications typically take 8 weeks but can take longer factor this into your hiring timeline before making any commitments to a candidate.
Check 4: Is a Certificate of Sponsorship (CoS) available?
Even licensed sponsors have a defined CoS allocation. If your allocation is exhausted, you’ll need to request more from the Home Office, a process that can take additional weeks. Check your current allocation before committing to a sponsored hire, especially if you’re scaling headcount quickly or approaching year-end.
Check 5: Are there any risk flags on the hire?
Common risk flags to look out for:
• Salary paid partly or wholly in cash
• Unclear or informal employment structure (e.g. umbrella companies)
• Role duties that don’t match the declared SOC code
• Missing or inconsistent supporting documentation
• Candidate has previous visa refusals or overstay history
• Role is part-time with ambiguous hours
A real-world example
A mid-sized technology company extended an offer of £40,000 to an overseas candidate for a specialist engineering role. The role appeared eligible, the job title matched, and the salary exceeded the general threshold. The offer was signed and onboarding was planned.
When the CoS was prepared, the compliance team identified that the correct SOC code for the role carried a going rate of £46,200. The offered salary fell significantly below this requirement. The visa application would have been refused. The company had to withdraw the offer, damaging the candidate relationship and delaying the hire by over three months.
This situation is more common than it should be. The going rate requirement is role-specific and frequently updated, a salary that clears the headline threshold can still fall short for a particular occupation code. The only way to be certain is to check the specific SOC code against the current going rates before issuing any offer.
What employers should do before making an offer
Run through all five checks above with the specific role in mind. Not just the job title, but the actual duties, the precise salary, and your current licence and CoS status. If anything is uncertain, resolve it before the offer stage. Discovering an issue after acceptance puts candidates in a difficult position and exposes your organisation to compliance risk.
If you’re hiring internationally at volume, consider building this checklist into your talent acquisition workflow so that every sponsored hire is assessed before the vacancy goes live, not after the preferred candidate has been selected.
Frequently asked questions
Can we sponsor any role, or only specific ones?
No, only roles that correspond to an eligible SOC code on the Home Office’s approved list can be sponsored under the Skilled Worker route. The role must also meet a minimum skill level (broadly equivalent to A-level or above). If the role doesn’t appear on the list, or the duties don’t match the SOC code, it cannot be sponsored regardless of the candidate’s qualifications.
How long does it take to get a sponsor licence?
The standard processing time is around 8 weeks, though this can vary. A priority service is available for an additional fee, typically reducing the timeline to around 10 working days. If you’re planning to hire an overseas worker and don’t yet have a licence, factor this lead time into your recruitment process before extending any offer.
What is a Certificate of Sponsorship (CoS) and do we need one for every hire?
Yes, a CoS is required for every sponsored worker. It’s an electronic reference number assigned by the sponsor, which the worker uses as part of their visa application. Each CoS is specific to a single worker and a single role. Sponsors are allocated a set number of CoS per year, and if you run out you’ll need to apply for more from the Home Office before you can proceed.
Can we sponsor a part-time worker?
Yes, but with important caveats. The salary cannot simply be pro-rated from a full-time equivalent, the hourly rate must still meet the going rate for the SOC code. For example, if the going rate for a role is £40,000 full-time, paying £20,000 for 50% hours does not automatically qualify. You must calculate the effective hourly rate and verify it meets the occupation’s going rate per hour.
What happens if we get it wrong?
The consequences can be significant. A visa refusal means the worker cannot start the role, which may result in withdrawn offers, financial loss, and reputational damage with the candidate. More seriously, if the Home Office identifies systematic errors or non-compliance in how you manage sponsorship, such as paying below the required salary or assigning incorrect SOC codes, your sponsor licence can be downgraded, suspended, or revoked. Licence revocation means you cannot sponsor any overseas workers until the licence is reinstated.
Do the rules apply to candidates who are already in the UK?
Yes. Whether a candidate is applying from overseas or switching from a different visa category within the UK, the same eligibility requirements apply, the role must qualify, the salary must meet both thresholds, and you must hold a valid sponsor licence and available CoS. Switching routes from within the UK can sometimes be faster, but the substantive eligibility checks are identical.
Not sure if this hire will be approved?
Instead of checking each requirement manually, use our tools to quickly assess whether a hire meets UK Skilled Worker visa requirements, including eligibility and salary.