Sponsored workers are subject to specific conditions that affect how their employment is managed. Sponsors must monitor and report certain absences, ensure that pay remains consistent with the Certificate of Sponsorship under which the worker was sponsored, and notify the Home Office of changes in working hours, salary, or employment status within defined timeframes. Getting these day-to-day employment matters right is essential because the Home Office cross-references PAYE and HMRC data against SMS records, and discrepancies attract attention.
Absences are one of the most commonly misunderstood areas. Sponsors must report when a sponsored worker has missed ten or more consecutive days of work without permission, and there are specific rules around how absences for sickness, maternity, paternity, and other statutory leave are handled. Unpaid leave can also affect whether a worker continues to meet the salary requirement for their visa, and a salary reduction that takes a worker below their sponsored salary level must be reported and may require a new CoS. Sponsors cannot pass the costs of the sponsor licence, CoS, or Immigration Skills Charge on to sponsored workers, a rule that has been enforced more strictly since late 2024.
NARA Solicitors advises sponsors on the employment scenarios that most commonly give rise to compliance questions, including how to handle long-term sickness, maternity and paternity leave, unpaid leave requests, salary reductions, and secondary employment. We also advise on the reporting obligations that arise when these situations occur and on how to update the SMS correctly. If you are unsure whether a particular employment situation needs to be reported, the safest course is always to seek advice before acting.