Podcast | Workforce Worldview

    As an Employer, Am I Obliged To Sponsor a Skilled Worker?

    May 2025
    Region: Europe
    Featuring:

    This is a question we have heard more and more in recent years, as the cost of sponsorship has risen – and the number of sponsorship-eligible jobs has increased. Our latest Workforce Worldview podcast sees Carine Elliott discussing the issue with Annabel Mace – who is both an immigration and employment lawyer, so ideally placed to pick apart the details.



    The simple question: does an employer have to sponsor an international worker?

    Not necessarily, but unless the employer has an “objective justification” for not sponsoring, then they could be at risk of a discrimination claim.

    So, what is an objective justification?

    The simplest examples are that the role itself doesn’t qualify for sponsorship (e.g. it’s not skilled enough), or – if the role does qualify – that the candidate in question is not the best person for that role. Beyond that though, it gets trickier.

    If there are UK-based applicants too, is that an objective justification for not sponsoring an overseas worker?

    That used to be the case, but there is now no requirement for a resident labour market test – being able to recruit from the resident workforce is no longer an argument you can rely on.

    Can the burden of high sponsorship costs be a justification?

    In short, no. Costs have risen a lot since the courts decided this, but that decision is still the key reference. Even if this were tested in court again, employers might have difficulty establishing that a high cost is actually a prohibitive cost.

    What if the employer is not a registered sponsor?

    The answer is much the same as the previous question: the cost of a licence is not necessarily a burden – especially as it can be used for more employees in future – and so is not automatically a justification.

    Can you simply say that applicants must already have the right to work in the UK?

    You will need to be able to justify this position – if you try to limit applications from candidates who require sponsorship, you need to be very careful in wording the advert. Annabel’s advice is that it’s safest to avoid this approach at all.

    The takeaway is, of course, that it is a complex area. Some business justifications – which may seem entirely valid – might well not stand up to scrutiny at a tribunal, so you absolutely need detailed advice from our immigration and employment experts! First port of call: listen to our podcast, and see what Carine and Annabel have to say.

    Featuring

    Carine Elliott London
    Annabel Mace London

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