Business immigration: The latest changes to UKVI guidance

Our business immigration experts highlight the latest changes to UKVI guidance.

The last day of 2024 brought further changes to immigration policy. These changes were introduced by the Home Office as part of their ongoing initiative to ‘crack down’ on the alleged abuse of the UK immigration system. Changes were made to parts 1 and 3 of the Workers and Temporary Workers guidance.

Guidance for sponsors (changes to part 1): Apply for a licence

UKVI guidance now clarifies that sponsor licences cannot be used to sponsor workers in a personal capacity, including workers engaged for the personal benefit of an individual working for the sponsor, a close relative, or a partner, if their role is unrelated to the sponsor’s wider activities.

Every sponsor applying after 31 December 2024 must now have at least one level 1 user who is both:

• an employee, a partner, or a director of the applicant
• a settled worker in the UK.

Furthermore, from 31 December 2024, sponsors are prohibited from passing on to or recouping from a worker the costs of the sponsor licence fee or the costs of a Certificate of Sponsorship. Additionally, UKVI added reasons why they can refuse to grant a sponsor licence, including if a prohibited person is nominated as key personnel.

Lastly, wording was added to signify the genuineness test, stating that sponsors must genuinely intend to offer the roles they have indicated in their sponsor licence application. Sponsors must therefore be prepared to justify any changes to their recruitment strategy once their licence is in place.

Guidance for sponsors (changes to part 3): Sponsor duties & compliance

Undischarged bankrupts are no longer allowed to be appointed as level 2 users or key contacts.

The guidance clarifies that a sponsor can only be downgraded twice within any rolling four year period. Additionally, new grounds for revocation have been added to augment the changes to part 1 of the guidance as outlined above.

What should you do?

Should any of the new rules apply to your business, please get in touch with our business immigration team – we will be able to assist.

Our Legal 500-rated employment law & business immigration team are experts in guiding businesses of all sizes and backgrounds through a range of issues that may arise.