Overview
A series of significant changes to UK immigration guidance are taking effect across 2026 and 2027. The net effect is a substantially higher compliance burden on every sponsor, regardless of size or sector. This article summarises each change, who is most at risk, and what action is required.
Already in effect: Burden of proof on sponsors
Sponsors are now explicitly responsible for reading and staying up to date with all Home Office guidance, even where they are using an immigration adviser such as Borderless. Ignorance of a rule change is no longer accepted as a mitigating factor during audits or compliance investigations. This places a greater obligation on Authorising Officers and HR teams to engage actively with guidance updates rather than delegating all responsibility.
Already in effect: Defined CoS requests tightened
The Home Office can now reject CoS allocation requests where the sponsor cannot justify the number of certificates being requested. Applications must clearly evidence the business need for each CoS. Partial approvals are increasingly common. Sponsors should ensure every CoS request is supported by specific, detailed justification rather than generic statements of need.
Effective 8 April 2026: Salary compliance assessed per pay period
From 8 April 2026, the Home Office will assess salary compliance on a per pay period basis. The actual pay in each individual payroll period will be compared against the hours and rate stated on the Certificate of Sponsorship. If pay falls below the required going rate in any single period, that constitutes a compliance issue, even if the annual salary figure is technically correct when averaged across the year. Sponsors most at risk include those with variable or zero-hours contracts, rota-based working patterns, overtime-heavy roles, or compressed schedules. Care providers are particularly exposed. Sponsors should review their payroll arrangements now and ensure pay in every individual period meets the going rate for the relevant SOC code.
Effective 8 April 2026: Job description specificity and change of circumstances
From 8 April 2026, job descriptions must be specific to the actual role and the actual business. Generic template job descriptions are no longer sufficient and will not withstand Home Office scrutiny during audits. If a worker's duties change after the visa is granted, even if the change remains within the same SOC code, this is now a reportable change of circumstances. This includes duties being added to or removed from a role over time. Organisations that have historically used template or copied job descriptions are particularly vulnerable. The Borderless platform now automatically rewrites job descriptions pre-populated from templates and requires sponsors to confirm accuracy before submitting, to help meet this requirement.
Effective 8 April 2026: Employment rights evidencing
From 8 April 2026, sponsors must be able to evidence that sponsored workers have been given information about their employment rights. This is a formal compliance requirement the Home Office will check during audits.
The Borderless platform now helps you meet this requirement automatically. When you upload an employment contract, Borderless checks whether the document contains evidence that the worker was informed of their UK employment rights. Where the contract confirms this, no further action is needed. Where it cannot be confirmed, you will be prompted to complete a short confirmation and upload a supporting document — for example, a signed acknowledgment, written statement of particulars, or training record — before the employment contract section can be marked complete.
Existing contracts already in your account are not affected. For new uploads, ensure your contracts include explicit references to UK employment rights, or use the confirmation flow in the platform when prompted. Full guidance is available in the help article: UK Employment Rights Check in Employment Contracts.
Effective 26 March 2026: Suspended sentences
From 26 March 2026, a suspended sentence of 12 months or more issued on or after that date triggers mandatory refusal of a Skilled Worker visa application. This applies to both new applications and renewals. The Borderless platform now enforces this automatically: if a candidate discloses a qualifying suspended sentence at the criminal history stage, submission is blocked with a clear explanation. No workaround is available as refusal is mandatory under the rules.
Effective 26 March 2026: Afghan nationals and entry clearance
From 26 March 2026, Afghan nationals can no longer apply for entry clearance as a Skilled Worker. This affects overseas recruitment only and does not affect Afghan nationals already in the UK on a valid Skilled Worker visa. The Borderless platform now enforces this automatically: a CoS request for an Afghan national applying for entry clearance will be blocked before submission with a clear explanation.
Effective 26 March 2027: English language requirement for ILR rises from B1 to B2
From 26 March 2027, the English language requirement for settlement (ILR) will increase from B1 to B2 level for all applications made on or after that date. Workers who demonstrated only B1 proficiency at the time of their original visa application may not meet the new threshold when they approach settlement, even if they have completed the full five-year qualifying period. Employers with workers approaching the settlement window who hold only B1 evidence should identify those individuals now and give them sufficient lead time to obtain B2 evidence before their settlement application is due.
New opportunity: Prison Service Officers (SOC 3314)
SOC code 3314 (Prison Service Officers) is now eligible for Skilled Worker sponsorship under specific conditions. Entry clearance must be granted before January 2028, the CoS is capped at three years, and standard Skilled Worker eligibility requirements apply. Sponsors considering this route should contact Borderless before submitting a request.
Key dates summary
Already in effect: burden of proof on sponsors; defined CoS tightened
26 March 2026: suspended sentences trigger mandatory refusal; Afghan national entry clearance blocked
8 April 2026: per-period salary compliance; job description specificity; employment rights evidencing
26 March 2027: ILR English language requirement rises from B1 to B2
January 2028: Prison Service Officer entry clearance deadline
Government guidance: https://www.gov.uk/government/organisations/uk-visas-and-immigration