Clipboard with reimbursement plan and salary charts on desk, representing visa cost recovery compliance for Skilled Worker sponsors in the UK

Home Office Restrictions on Clawback Clauses and Skilled Worker Salary Reimbursement – Complying with the Immigration Rules

Understand UKVI’s rules on clawback clauses, loan deductions, and salary thresholds under the Skilled Worker visa. Stay compliant with 2025 immigration changes.

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In the application process for a Skilled Worker Visa, once a Certificate of Sponsorship (CoS) is assigned to the worker, it is then their responsibility to apply for the visa and to pay the costs associated with this. These usually include the visa application fee and the Immigration Health Surcharge (IHS), which can be substantial, especially when they have dependants who are applying at the same time.

Some companies offer their sponsored workers a loan to help them cover these costs. The worker will then repay the loan over a period of time, through the employer deducting loan instalments from the monthly salary. Other companies may choose to enter into a clawback agreement with the worker. Under such an arrangement the employer will agree to pay the visa application costs and the worker agrees to repay all or a portion of these costs if they resign. For example, the terms of the clawback agreement might say that 100% of the costs will be repaid if the worker resigns withing 1-year, 50% if they resign within 2-years and 25% if they resign within 3-years.

Whilst loan and clawback agreements are not prohibited under the Immigration Rules and allowed under employment law it is important that you comply with the changes that UKVI announced in December 2024 and April 2025.


 

Prohibited Cost Recovery (Effective 31 December 2024)

On 31 December 2024, UKVI updated its Sponsor Guidance to clarify what can and cannot be recouped from sponsored workers. Sponsors must not seek to recover the following: 

  • Certificate of Sponsorship fee (£525 standard)

  • Sponsor licence fees and associated administrative costs (e.g. £1,476 for medium/large sponsors)

  • Immigration Skills Charge

  • Legal or administrative costs linked to the sponsor licence management or visa processes, especially where the worker has no genuine choice in obtaining advice 

⚠️  Non-compliance risks sponsor licence revocation : If UKVI discovers that a sponsor has been recouping these costs, including where agreements merely suggest potential recovery of these costs, it will revoke the company’s sponsor licence.       



 

New Deduction Rules Introduced on 9 April 2025 

From 9 April 2025, further updates introduced new restrictions on salary deductions. These rules apply to any deductions, including those linked to loans or investments:

  • Employers must ensure that any deductions from a Skilled Worker’s salary, do not bring their salary below the required sponsorship thresholds.

  • This applies particularly to workers earning just above the minimum salary requirements.

  • Average salary over the sponsorship period (e.g. 3 years) is considered in the assessment.

  • Exceptions exist for genuine optional benefits, such as salary sacrifice schemes, which do not need to be deducted.

 


 

Risks for Employers Providing Loans or Clawback Agreements

  • Employers offering loans for visa-related costs (e.g. visa fees, IHS, Priority Service) must ensure repayments do not reduce pay below salary thresholds.

  • Clawback agreements (requiring repayment of visa fees upon early resignation) could be treated as loans if triggered and employer must ensure any repayment does not bring the salary below the minimum going rate salary, potentially breaching sponsorship rules.

  • These risks are particularly likely where the worker’s salary is only just above the minimum salary threshold or where any repayment triggered is particularly large.

  • Sponsors are advised to seek legal advice before enforcing clawback provisions under the new framework.



 

Current Salary Thresholds

  • Until 21 July 2025: £38,700 or the  relevant “going rate” for the role (whichever is higher)

  • From 22 July 2025: £41,700 or the “going rate”

 

 


 

Need Advice?


The use of loans and clawback agreements may still be lawful, but sponsors must tread carefully to ensure they remain compliant with the evolving immigration rules. Failure to do so may result in serious consequences, including the revocation of the sponsor licenceParagon Law can provide tailored advice to ensure your business remains compliant with the updated immigration framework.

📩 Need guidance? Contact our Business Immigration Team today for compliance support and tailored legal advice.

 

Contact Us

 

🛑 The law applicable in this article is correct as of 6 August 2025. Immigration rules frequently change, and the information here may not reflect the latest legal position. For advice tailored to your specific circumstances, please contact us to arrange a consultation with our legal team.

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