Many UK businesses are turning to overseas recruitment to fill critical roles in sectors such as healthcare, engineering, construction, hospitality and IT. However, hiring international employees is heavily regulated and employers must follow specific Home Office rules to ensure compliance.
This guide explains how to recruit overseas workers in the UK legally, including how to obtain a sponsor licence, issue Certificates of Sponsorship and meet right to work obligations.
Understanding the legal framework
To employ overseas workers legally, UK employers must operate under the Home Office’s points-based immigration system. The system allows eligible businesses to hire international employees through the Skilled Worker route but only if they hold a valid sponsor licence.
A sponsor licence gives your organisation permission to employ foreign nationals. It also brings legal responsibilities to maintain accurate records, follow reporting rules and ensure all workers are paid and treated in line with visa conditions.
Step 1: Apply for a sponsor licence
The first step in recruiting overseas workers is applying for a sponsor licence from the Home Office. This licence is issued to UK-based organisations that can prove they are genuine, lawfully operating businesses with proper HR systems in place.
To qualify, your business must:
- Be based and trading lawfully in the UK
- Have appropriate systems to monitor and manage sponsored staff
- Be trustworthy and compliant with UK immigration laws
You will need to submit an online application and provide supporting documents such as proof of registration, trading address, bank statements and evidence of your ability to manage sponsored employees. The Home Office may also conduct an inspection before approval.
Once granted, the licence is valid for four years. During this period, your business must continue to meet all compliance duties or risk losing the licence.
Related reading: Sponsor Licence Application Guidance for UK Employers
Step 2: Understand sponsor duties
Holding a sponsor licence comes with ongoing responsibilities. You must:
- Keep accurate and up-to-date records of sponsored employees
- Report significant changes to the Home Office, such as changes in job role, salary or employment status
- Only issue Certificates of Sponsorship for genuine roles
- Ensure that salaries meet the required threshold for the relevant visa route
Failing to meet these obligations can result in licence suspension, revocation or civil penalties. Employers should train HR staff to understand these requirements and carry out regular internal audits to stay compliant.
Step 3: Issue a Certificate of Sponsorship
Once you have your licence, you can issue a Certificate of Sponsorship (CoS) to the overseas worker you wish to employ. This certificate is a digital document with a unique reference number that links the job offer to the visa application.
There are two main types of CoS:
- Defined CoS – For workers applying from outside the UK
- Undefined CoS – For workers already in the UK who are switching visa categories
Employers must assign the certificate using the Sponsor Management System and confirm key details such as job title, salary, working hours and start date. Any errors or inconsistencies can cause the visa application to be refused.
Step 4: Ensure the worker meets Skilled Worker Visa requirements
The worker you wish to sponsor must meet the criteria for a Skilled Worker Visa. This includes:
- Having a genuine job offer from a licensed sponsor
- Earning a salary that meets or exceeds the minimum threshold for their occupation
- Proving their English language ability
- Meeting any qualification or skill requirements for the role
Employers should review the government’s list of eligible occupations and ensure that job descriptions and salaries align with Home Office standards.
Step 5: Conduct right to work checks
Even after a visa is approved, employers must carry out right to work checks before the employee starts work. This involves verifying the individual’s immigration status using official documents or the government’s online checking service.
Failure to carry out these checks properly can result in severe fines or criminal penalties for employing someone illegally. Keeping copies of all right to work evidence is essential for compliance.
Common mistakes to avoid
Recruiting overseas workers can be complex and even small errors can lead to serious consequences. Common mistakes include:
- Assigning Certificates of Sponsorship without confirming visa eligibility
- Paying below the required salary threshold
- Failing to update the Home Office when employment circumstances change
- Allowing a sponsor licence to expire without renewal
Employers should always plan ahead and maintain clear communication with immigration advisers to ensure full compliance.
Benefits of legal overseas recruitment
Following the correct legal process for recruiting overseas staff not only protects your business but also helps build a reputation for integrity and professionalism.
A compliant sponsorship system enables companies to access global talent, reduce skills shortages and grow confidently within the UK’s legal framework.
Get expert legal advice
Recruiting overseas workers can transform your business. But it must be done correctly to avoid fines, delays or visa refusals.
Immigration solicitors can guide you through every stage of the process, from obtaining a sponsor licence to meeting compliance duties and managing Home Office inspections.
Please note that this article is solely for informational purposes. It’s not a substitute for legal advice. We encourage readers to contact Osbourne Pinner for case-specific guidance.
For personalised advice, Osbourne Pinner is here to help. You can book a free 30-minute consultation at our offices in Harrow, Canary Wharf, Piccadilly Circus and Manchester. Or speak to us on a video call for no-obligation advice. To get started, call 0203 983 5080, email [email protected] or fill out the form below.
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Title tag: How to Recruit Overseas Workers in the UK Legally
Meta description: Learn how to legally hire overseas workers in the UK, including sponsor licence applications, Certificates of Sponsorship and compliance duties.
