Promotion Season: Key Considerations for Employers Sponsoring Workers

With promotion and salary review season now concluded, this is an ideal time for employers to review their sponsor duties, especially when there are changes to the employment of a sponsored worker. Staying on top of these obligations is essential to maintaining compliance with Home Office requirements and avoiding potential risks to your sponsored employees' visas – so here is everything you need to know.

Salary Reviews: Essentials for Employers

If your organisation employs sponsored workers, any changes to their salary following a review may trigger reporting duties. Here’s what to keep in mind:

• Reporting Salary Reductions:
  Employers are required to report any decrease in salary to the Home Office. Before making or implementing any reduction, it’s important to ensure the new salary still meets the minimum threshold for the worker’s role. Falling below this threshold could put the employee's visa status at risk.
• Check the Reason for the Change:
  Some reasons for salary reductions can lead to mandatory withdrawal of sponsorship. For example, if a sponsored employee takes unpaid leave for more than four weeks, such as a sabbatical, the sponsor must withdraw their sponsorship. Always assess whether a change falls into a category that might trigger such an obligation.
• Salary Increases – Best Practice:
  Although salary increases do not always need to be reported, Migrate UK recommends informing the Home Office if the increase is substantial. Reporting salary increases can demonstrate to the Home Office that you are actively engaged with your sponsorship duties, which can be beneficial during audits or compliance checks.

Promotions and Changes to Job Duties: What You Must Report

Perhaps the most important area for sponsor compliance relates to changes in job duties and responsibilities. These changes often arise during promotions and can affect the conditions of a worker’s visa.

Understanding SOC codes
For Skilled Worker and Global Business Mobility visa holders, their visa is tied to a Standard Occupational Classification (SOC) code, which corresponds to a specific role. A worker may only carry out duties that align with their assigned SOC code, with the exception of supplementary work.

If a promotion or change in duties moves the worker into a different SOC code, a new visa application is required before they begin their new role. This is a critical step: failing to do so could be considered illegal employment, with consequences for both the employer and the employee.

How to Assess Changes
Before implementing a promotion or significant change in duties, sponsors should use the CASCOT tool or seek advice from an immigration adviser to determine whether the role has changed SOC codes.

Staying proactive and informed about your sponsor duties helps protect both your business and your employees. Promotion and salary changes are natural parts of workforce development, but when it comes to sponsored workers, they must be handled with care and compliance in mind. Taking the right steps now can help avoid complex issues down the line.

If you're unsure whether a change impacts your duties as a sponsor, please reach out to Migrate UK via [info email].