Morton Fraser MacRoberts LLP
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Immigration Summer Bulletin

July 2026
 

It has been another busy few months in the immigration world, and while the news focuses on new routes for refugees and the potential changes to indefinite leave to remain, there have been a number of other developments that businesses need to be aware of.

One of the main themes in immigration in 2026 has been compliance. The Home Office is using a variety of methods to check that businesses are meeting their sponsor obligations, and this edition of our bulletin covers:

  1. How you can carry out your own immigration audit to help you prepare for any requests from the Home Office. This may seem a large job, but it is increasingly essential for businesses looking to continue to sponsor staff from abroad.
  2. How to respond to requests from the Home Office for additional information when requesting Certificates of Sponsorship.
  3. What happens if you receive an email from the Home Office alleging underpayment of a worker.
  4. How to handle the increasingly common situation where a worker is coming up for a visa renewal but does not meet the salary requirements for an extension. This involves an understanding of both immigration and employment law, and our specialist team can offer advice in both areas.  This is also discussed as part of our business immigration podcast series.
  5. There are also some upcoming changes to the right to work check rules, which will significantly increase the risks in this area. While these don't come into force until October 2026, it is important that employers start to consider these now so they can train staff and implement new processes.

As the Home Office continues to increase compliance activity, it is important that businesses take the time to make sure they are complying with their obligations to the Home Office. Single mistakes can result in the loss of a sponsor licence and key workers leaving the company.

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29th June 2026

What should you have on file when making a Certificate of Sponsorship request?

One of the biggest challenges with these requests is that the Home Office only gives a short timescale – 5 working days –  to respond with all of the information required and, if it is not provided, the application is likely to be rejected.

 
29th June 2026

What to do when the Home Office thinks you are underpaying a Skilled Worker?

This is a serious allegation which can result in the loss of a sponsor licence, and with the Home Office now carrying out checks with HMRC and new salary calculation rules, it is important to respond to these allegations appropriately.

 

Need assistance with anything that has been mentioned?

Our specialist immigration team offers support with compliance matters including audits, training, retainers and bespoke support packages. If you would like to discuss how we can help your business, please get in touch.

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Partner

Stuart McWilliams

Stuart is an accredited specialist in immigration law and a partner in our Litigation division in Glasgow.

Stuart's contact information can be found below. If you have any questions, please do not hesitate to get in touch.