From 22 July 2025, changes to the UK's Skilled Worker visa route will come into effect, including a rise in the general salary and skill threshold and the introduction of a new Temporary Shortage Occupation List, (click here for our detailed analysis of the key changes that will take place on that day).
Importantly, due to the rise in skill threshold, many roles will cease to be sponsorable on 22nd of July.
Understanding which version of the Immigration Rules will apply to your employee's visa application is therefore essential before the rules change.
For Skilled Worker applications where a certificate of sponsorship is required (i.e. entry clearance/leave to remain but not indefinite leave to remain), the current rules will continue to apply if the relevant visa application is submitted using a Certificate of Sponsorship (CoS) issued (assigned) to the migrant worker before 22nd of July 2025.
Therefore the date the employer assigns the migrant's CoS determines whether the visa application is assessed under the current, or 'new', Skilled Worker rules.
Employers who do not yet hold a sponsor licence and are aiming to sponsor a worker under the current rules must use the Home Office's pre- licence priority service. This optional service, available for an additional £500, allows for a decision on a sponsor licence application within ten working days after submitting the supporting documents.
It is, however, important to note that this service is subjected to limited availability and not guaranteed in cases deemed complex by the Home Office.
To summarise, employers intending to sponsor under the current criteria should aim to assign the CoS well in advance of 22nd of July.
Delays resulting in the CoS being assigned on or after this date will result in the application falling under the new requirements, and in cases where the role falls under RQF 6, this will mean that the migrant will not be able to be sponsored.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
