Advertising the Job Before Sponsoring a Worker is a question that continues to surface for employers navigating the sponsorship system, often long before any paperwork is submitted. For many organisations, the uncertainty sits not in the paperwork itself but in the process leading up to it — especially where recruitment, fairness and internal governance are concerned. The moment you enter the world of sponsorship, you are suddenly balancing operational needs, ethical hiring practices, and the wider expectations built into modern job advertising rules and sponsorship requirements.
The 2025 Stance
The most significant change came when the RLMT — the so-called “resident labour market test” — was abolished for the Skilled Worker route. As set out in the earlier UK Points-Based System documentation, under the new Skilled Worker route, “there will be no requirement for employers to undertake an RLMT”.
The recent guidance for sponsors under the Skilled Worker route and other Worker & Temporary Worker routes confirms that employers must hold a valid sponsor licence, ensure the job meets skill/going rate/occupation code requirements, and meet their duties. But there is no requirement specifically to advertise the role in the UK labour market before assigning a Certificate of Sponsorship (CoS) for a Skilled Worker.
In practical terms, this means that for most Skilled Worker sponsorships, you will not need to show adverts placed on UK job boards, vacancy postings, or evidence of local candidates considered. This simplifies the process compared with older routes.
However, and this is crucial, you must still ensure that the job is genuine, meets the relevant occupation code, offers the going rate salary, and your records satisfy compliance and audit requirements. The fact that no formal advertising is required does not mean you can skip due diligence.
Important Exceptions
Even though the Skilled Worker route does not require advertising, certain sponsorship routes still require employers to consider job advertising or follow route-specific rules. Key exceptions include:
- Religious Worker Route: Roles under the Religious Worker or Minister of Religion categories may require advertising, and sponsors must retain records where advertising is not necessary.
- Creative Worker Route: Creative roles may be subject to codes of practice that include advertising expectations or merit-based criteria.
- Other Temporary Routes: Some niche or temporary categories may require evidence of recruitment activity, even if not labelled as formal advertising rules, and record-keeping duties may require employers to demonstrate how the worker was recruited.
In practice, Skilled Worker sponsors are not required to advertise, but those using Religious, Creative, or other specialist routes must assess whether job advertising rules sponsorship apply and review the latest route-specific guidance.
Why Good Advertising and Recruitment Practice Still Matters?
Even where formal advertising is not required, maintaining robust recruitment, job-description and record-keeping practices remains essential. As a licensed sponsor, you must be able to evidence that the role is genuine, that a sponsored worker is genuinely required, and that you have met your compliance duties. Poor practice can lead to audits, licence downgrades or even revocation. The Home Office’s “keep records” guidance also specifies the documentation sponsors must retain.
Key reasons to maintain strong recruitment practices include:
• Clear audit trail: Even without advertising, you should keep a recruitment record outlining the job title, duties, salary, skill level and why a sponsored worker was required.
• Fairness and transparency: Advertising or structured internal processes help show that domestic candidates were considered and the role is legitimate.
• Compliance defence: During inspections by the Home Office, MAC or other bodies, a transparent recruitment process supports your position.
• Sound HR governance: Accurate job definitions prevent misclassification, incorrect salaries and inconsistencies between duties and immigration paperwork.
• Reputational confidence: Consistent recruitment processes strengthen your credibility as a sponsor and support effective coordination across HR and hiring teams.
Step-by-Step Guide for Employers
Here’s a practical flow you can adopt when hiring for a role you intend to sponsor under the Skilled Worker route or otherwise.
- Define the role — Determine the job duties, assign the correct SOC 2020 code, check eligibility for the route, and establish salary/benefits.
- Decide whether to advertise — For a Skilled Worker role, you may not have to advertise, but decide whether you’ll do so for good governance and audit purposes. For routes where advertising is required (Religious Worker, etc.), ensure you comply fully.
- If advertising — Post the job on your website and one external job board for a minimum period, screen and shortlist applicants, and keep all documentation.
- Recruit and hire — Select your successful candidate, ensure they meet eligibility (qualifications, English language, immigration status).
- Sponsor licence check — Confirm that you hold a valid licence for the Skilled Worker route or relevant route, that you are an A-rated sponsor if necessary, and that you understand your duties.
- Assign Certificate of Sponsorship (CoS) — Input the worker’s details into the Sponsorship Management System, pay fees if required, and issue the CoS to the worker.
- Retain evidence of recruitment and advertising — Whether you advertised or not, maintain records of your decisions, job description, candidate pool, salary rationale and recruitment process.
- Right to work and suitability checks — Ensure you have completed right-to-work checks and verified that the worker is eligible under the immigration rules.
- Monitor, report, and comply — As a sponsor, you must meet ongoing duties, keep records, report changes in worker status and preserve evidence of compliance.
Common Pitfalls & How to Avoid Them?
Pitfall 1: Assuming “no advertising” means “no records”
Even though you might not have to advertise for Skilled Worker sponsorship, failing to document your recruitment process can leave your licence vulnerable. Remedy: Build a simple internal template noting job definition, decision rationale and advertising or non-advertising decision.
Pitfall 2: Using the wrong advertising timeframe or excluding domestic candidates
If you do advertise, ensure you give a reasonable period (for example, at least two to four weeks), and don’t restrict applicants to only overseas candidates. Include phrasing such as “Applications from candidates requiring UK sponsorship are welcome”.
Pitfall 3: Misapplying advertising rules to the Skilled Worker route
Some employers mistakenly believe advertising is mandatory for all routes. While the RLMT requirement has been abolished for Skilled Worker, other routes (Religious Worker, etc) still require proof of advertising. Remedy: Check route-specific guidance for every hire.
Pitfall 4: Letting job adverts become outdated or misleading
A job advert used as a recruitment tool must reflect the role the worker will perform. If duties change significantly, you must review and possibly re-advertise or update your documentation.
Pitfall 5: Ignoring record retention requirements
Sponsor guidance requires you to keep records for a prescribed time (often 5 years or more) and be ready to show how you recruited your worker. Failure to do so may lead to compliance action.
Final Thoughts!
In the end, approaching recruitment for sponsored workers with intention, clarity, and consistency is what keeps everything running smoothly. It’s about creating a process that feels deliberate rather than improvised, one that supports your organisation just as much as it supports your future hire. When your teams follow a shared rhythm, when your records make sense, and when your internal practices match the standards you hold yourself to, the sponsorship journey becomes far less daunting and far more manageable. And if you want to stay confident, informed and ahead of the curve, keep following Sponsor Licence Hub — your go-to space for clear guidance, practical insights and straightforward support as you navigate every step of the sponsorship landscape.
