When was the sponsor guidance updated?

The Home Office has quietly updated the Sponsor Guidance on 6 March 2026 with the addition of a new glossary document. Any businesses who hold a UK sponsor licence should review the new guidance to ensure their internal processes align with the updated compliance duties.

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Key points

These updates involve changes relating to:

• New obligation informing employees of their worker rights and welfare
• Replacing the genuine vacancy requirement with an eligible role test
• Serious repercussions if the job role is not reflective of what the sponsored migrant is doing

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Informing employees of their worker rights and welfare

Sponsors now have a duty to inform sponsored employees or workers about their employment rights in the UK. The sponsor guidance states: “You must have human resources systems or processes in place which demonstrate that you provide this information to any employees or workers you sponsor.”

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The information a sponsor must tell their employees includes:

• National Minimum Wage entitlement
• Working Time Regulations
• Pension auto-enrolment and opt-outs
• Statutory leave and pay
• Health and safety
• Trade union memberships
• Equality Act duties
• How to raise grievance

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Evidence must be retained to demonstrate that this information is provided to sponsored workers as per Appendix D, which has also been updated to reflect this requirement. Evidence may include copies of written information provided to workers such as:

• Employment contracts
• Training materials
• Awareness courses provided to workers

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Employers should ensure that these requirements are incorporated into onboarding and training processes and that documented systems exist for informing sponsored workers of their employment rights.

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Replacing genuine vacancy with an eligible role test

The previous genuine vacancy requirement has been replaced by a new eligible role test. As defined in the new Glossary, an eligible role must:

• Exist at the point a Certificate of Sponsorship (CoS) is assigned to the worker, or be reasonably expected to exist at that time
• Require the worker to perform the specific duties and responsibilities stated on the CoS, including working hours
• Meet all route requirements including skill level and salary thresholds under the Immigration Rules
• Comply with the National Minimum Wage Act and Working Time Regulations
• Be appropriate to the sponsor’s business model, business plan and scale

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This update follows an increase in requests for additional information when applying for a Defined Certificate of Sponsorship (CoS). The Home Office may review whether a role is eligible by assessing a sponsor’s business model, financial turnover, and ability to fund salaries.

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The job role must match what is stated on the CoS

A new section has been added to the guidance requiring sponsors to ensure that a sponsored worker’s role matches the details recorded on the Certificate of Sponsorship (CoS). Sponsors already had a duty to ensure the CoS accurately reflects the worker’s role. If there are changes after permission has been granted, these must be reported to the Home Office within 10 working days.

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The updated guidance now introduces mandatory revocation of the sponsor licence if:

• A permitted change is not reported, or
• The sponsored worker’s role does not match the role stated on the CoS.

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Other changes

The sponsor guidance also reiterates several additional compliance requirements. Sponsors must:

• Verify every worker’s right to work before they begin employment, including British citizens, settled workers, and unsponsored visa holders.
• Distinguish between workers who are “employed” and those who are “engaged”, recognising that a direct employment relationship may not always exist between a sponsor and a sponsored worker.

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Sponsors must also ensure that the salary stated on the Certificate of Sponsorship is paid at or above the minimum salary requirement in every pay period.

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What does this mean for employers?

If you are a UK sponsor licence holder employing migrant workers, this is a good time to review your:

• Internal policies
• HR systems
• Training processes

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With expanded grounds for sponsor licence revocation, employers should ensure these changes are integrated into their compliance frameworks. If you have any questions about these updates and how they may impact your organisation, please contact our legal team at Hudson McKenzie. We will continue to monitor developments and provide further updates as additional guidance becomes available.

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Contact and Disclaimer

Should you have any questions regarding the above information, or require assistance with your immigration or global mobility matters, please don’t hesitate to contact our legal team at Hudson McKenzie. You can reach us by email at londoninfo@hudsonmckenzie.com or by telephone at +44 (0) 20 3318 5794.

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For office locations, please visit our Our Offices page.

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The information provided in this blog is for general guidance only and does not constitute legal advice.