Salary Guide

What Happens If a Sponsored Worker Is Underpaid — Sponsor Duties and Risks

If a UK sponsor pays a Skilled Worker less than the salary on their Certificate of Sponsorship, it is a breach of sponsor duties. The UKVI can downgrade the employer's licence rating, suspend it, or revoke it entirely. Workers can be left without valid immigration status if the sponsor loses its licence.

Source: Home Office Appendix Skilled Occupations, effective 4 April 2024

Sponsor duty to pay the CoS salary

A sponsor must pay the worker at least the salary stated on the Certificate of Sponsorship for the duration of sponsorship. This is a core sponsor duty under the Points Based System. Paying less — whether through salary clawback, illegal deductions, or restructuring the contract — is a breach.

What UKVI enforcement looks like

UKVI compliance visits can check payroll records, employment contracts, and bank statements to verify salary is being paid as stated. If underpayment is found, the sponsor can be downgraded from an A-rating to a B-rating (which restricts new sponsorship), suspended, or have their licence revoked.

What happens to the worker if the licence is revoked?

If a sponsor licence is revoked, all workers sponsored by that employer have 60 days to find a new sponsor, change to a different visa category, or leave the UK. Workers who relied on a fraudulent or non-compliant CoS may have their leave curtailed without the full 60-day window.

Illegal salary deductions

Sponsors are prohibited from recouping visa application fees, Immigration Health Surcharge costs, or sponsorship administration costs from the worker's salary in a way that reduces pay below the CoS threshold. Some contracts include clauses requiring workers to repay recruitment costs if they leave early — these are permissible only within UKVI guidelines.

Reporting underpayment

Workers who believe they are being underpaid relative to their CoS salary can report this to UKVI via the sponsor compliance reporting process. This does not automatically affect the worker's immigration status, but UKVI will investigate. Workers can also contact ACAS or a solicitor for advice on employment rights.

This page provides general information about UK immigration salary rules. Rules change frequently — always verify the current thresholds on GOV.UK (Appendix Skilled Occupations) before making any visa decision. This is not legal advice. Consult a regulated immigration adviser (OISC Level 2+) for advice specific to your situation.

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