"Can I Sponsor a Family Member Under My Sponsor Licence?"
Yes, but strict rules apply. Here's what UK employers need to know before sponsoring relatives.
One of the most common questions we receive from business owners with a Sponsor Licence is: "Can I sponsor a family member?"
The short answer is yes, but with significant restrictions and heightened scrutiny from the Home Office.
If you are considering sponsoring a relative under your Sponsor Licence, this guide explains the rules you must follow, the risks involved, and how to stay compliant.
The Home Office Position: It is Allowed, But...
The Home Office does not prohibit sponsoring family members outright. However, they've put specific restrictions in place to prevent abuse of the sponsorship system.
Why? Because sponsoring family members creates a higher risk of:
Non-genuine job roles created solely to facilitate immigration
Underpayment or non-payment of salaries
Failure to meet sponsor duties
Falsified employment records
As a result, if you sponsor a family member, you can expect:
Closer scrutiny from the Home Office
Higher likelihood of a compliance visit
Mandatory disclosure requirements
Strict penalties for non-compliance
Let's break down the specific rules you must follow.
Rule 1: Who Counts as a "Family Member"?
The Home Office has a broad definition of family members. It includes:
Spouse, civil partner, or unmarried/same-sex partner
Parent or step-parent
Son, daughter, step-son, or step-daughter
Brother, sister, step-brother, step-sister, or half-brother/half-sister
Nephew, niece, cousin, aunt, or uncle
Father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law
If you're related to someone in any of these ways, the family member sponsorship rules apply.
Rule 2: A Level 1 or Level 2 User Cannot Assign a CoS to Their Own Family Member
This is the most critical restriction.
A Level 1 User or Level 2 User is prohibited from assigning a Certificate of Sponsorship (CoS) to their own family member.
What does this mean in practice?
If you (as a director, partner, or senior manager) are a Level 1 or Level 2 User, you cannot personally assign a CoS to your:
Spouse
Child
Sibling
Parent
Or any other family member as defined above
Why does this matter?
The act of assigning the CoS is what triggers the restriction. Even if the role is genuine and the family member is qualified, if you assign the CoS yourself, you've breached sponsor duties.
Consequence:
If the Home Office discovers that a Level 1 or Level 2 User assigned a CoS to their own family member, your Sponsor Licence will be mandatorily revoked.
There is no discretion. This is an automatic ground for revocation.
How to comply:
You have two options:
Option 1: Appoint a different Level 1 or Level 2 User
If your business has other employees or directors who can act as a Level 1 or Level 2 User, appoint them to assign the CoS instead.
Important: The person you appoint must:
Not be related to the sponsored worker
Meet the requirements to be a Level 1 or Level 2 User (e.g., be a director, partner, employee, or HR professional)
Be a settled worker (at least one Level 1 User must have settled status)
Option 2: Appoint an external HR professional
If you don't have suitable employees, you can appoint an HR professional to act as a Level 1 or Level 2 User for the specific purpose of assigning the CoS.
Requirements:
The HR professional must be engaged to deliver all or part of your HR function
You must still have at least one Level 1 User who is a director, partner, or employee
At least one Level 1 User must be a settled worker
What if you're a small business?
This is where it gets complicated.
In small businesses, there may be no other employee who can take on the Level 1 or Level 2 User role, especially when accounting for the various eligibility rules.
In such cases, appointing an external HR professional may be your only option. However, this adds cost and complexity.
If you cannot appoint anyone else to assign the CoS, you cannot sponsor the family member under your Sponsor Licence.
Rule 3: You Must Disclose the Relationship to the Home Office
Even if you've solved the Level 1/2 User issue, you still have a mandatory duty to disclose the family relationship to the Home Office.
Who must disclose?
Small and medium-sized businesses:You must always disclose if you sponsor a family member of anyone in your organisation.
Ignorance of the relationship is not an excuse.
Large businesses:You must disclose only if you're aware of the family relationship.
For a definition of what counts as a small, medium, or large business under the Immigration Rules, see the Home Office guidance.
How to disclose:
You must notify the Home Office by submitting a sponsor note via your Sponsor Management System (SMS).
The sponsor note should state:
The name of the sponsored worker
Their relationship to the person in your organisation
The name and role of the related person
When to disclose:
Ideally, disclose before or immediately after assigning the CoS.
Do not wait for the Home Office to discover the relationship.
What Happens If You Disclose the Relationship?
Disclosing that you're sponsoring a family member is a "red flag" for the Home Office.
Likely outcome:
Your chances of receiving a compliance visit increase significantly.
What is a compliance visit?
A compliance visit is when Home Office compliance officers visit your premises (announced or unannounced) to check that you're meeting your sponsor duties.
They will assess:
Whether the sponsored role is genuine
Whether the sponsored worker is being paid correctly
Whether you're maintaining accurate records
Whether you're meeting all reporting obligations
What they will scrutinise when sponsoring a family member:
Is the role genuine? Or was it created solely to facilitate the family member's immigration?
Is the salary appropriate? Or are you underpaying (or not paying at all)?
Are the job duties real? Or is the family member not actually working?
Are you keeping proper records? Payslips, timesheets, attendance logs, etc.
How to prepare:
If you've disclosed the relationship, prepare for a compliance visit by ensuring:
The role is documented with clear job duties
Salary is paid in full, on time, and matches the CoS
Attendance and work records are accurate
All sponsor duties are being met
Remember: Disclosure increases scrutiny, but it's far better than the alternative.
What Happens If You Don't Disclose the Relationship?
Failing to disclose that you're sponsoring a family member is a serious breach of sponsor duties.
If the Home Office discovers the relationship and you didn't disclose it, your Sponsor Licence will be revoked.
What revocation means:
You lose your Sponsor Licence immediately
You must stop employing all sponsored workers
Your sponsored workers' visas become invalid
You face a 6-month cooling-off period, you cannot reapply for a Sponsor Licence for at least six months
How might the Home Office discover the relationship?
Compliance visit
Investigation triggered by a complaint
Cross-referencing visa applications and company records
Information from the sponsored worker's visa application (e.g., listing the employer as a family member on a previous application)
The lesson: Always disclose. The risk of non-disclosure far outweighs the inconvenience of a compliance visit.
What If a Level 1 or Level 2 User Assigns a CoS to Their Family Member?
This is the most serious breach.
If a Level 1 or Level 2 User assigns a Certificate of Sponsorship to their own family member, this is a mandatory ground for Sponsor Licence revocation.
"Mandatory" means the Home Office has no discretion. Your licence will be revoked.
Why is this so serious?
The Home Office views this as a clear conflict of interest and a high risk of abuse.
By allowing someone to sponsor their own family member, the system is vulnerable to:
Non-genuine roles
Underpayment
Falsified records
Immigration fraud
What happens if your licence is revoked?
You lose your Sponsor Licence
All sponsored workers must stop working for you immediately
Their visas become invalid
You cannot reapply for a Sponsor Licence for at least 6 months
Your business reputation is damaged
This is why it's critical to ensure the correct person assigns the CoS.
Is the Sponsored Role Genuine?
The Home Office will scrutinise whether the role you're sponsoring is genuine — especially when the sponsored worker is a family member.
What makes a role "genuine"?
A genuine role:
Has real job duties that need to be performed
Requires the skills and qualifications stated in the CoS
Is paid the appropriate salary for the role and location
Exists because your business needs the work done, not because you need to sponsor a family member
Red flags the Home Office looks for:
Job created recently: Role didn't exist until you decided to sponsor the family member
Vague job duties: Job description is generic or unclear
Salary not paid: Family member not receiving the stated salary (or receiving it in cash)
Not actually working: Family member not attending work or performing duties
Overqualified or underqualified: Sponsored worker's skills don't match the role
How to prove the role is genuine:
Job description: Detailed, specific duties
Recruitment evidence: Did you advertise the role? Interview candidates?
Payroll records: Salary paid through PAYE, on time, matching the CoS
Work evidence: Emails, projects, deliverables showing the family member is working
Business need: Can you demonstrate why this role is necessary for your business?
If you cannot prove the role is genuine, your licence is at risk.
Practical Steps for Sponsoring a Family Member
If you've decided to sponsor a family member, follow these steps to minimise risk:
Step 1: Appoint the Correct Level 1/2 User
Ensure the person assigning the CoS is not related to the sponsored worker.
If necessary, appoint a second Level 1 or Level 2 User specifically for this purpose.
Step 2: Disclose the Relationship
Submit a sponsor note to the Home Office immediately after assigning the CoS (or before, if possible).
Do not wait for the Home Office to discover the relationship.
Step 3: Ensure the Role is Genuine
Document the role thoroughly:
Clear job description
Appropriate salary
Evidence of business need
Proper recruitment process (if applicable)
Step 4: Maintain Accurate Records
Keep meticulous records:
Payslips (PAYE)
Timesheets/attendance logs
Work outputs
Right to Work checks
Copies of all correspondence with the sponsored worker
Step 5: Prepare for a Compliance Visit
Assume you will receive a compliance visit and prepare accordingly.
Review all sponsor duties and ensure you're meeting them.
Step 6: Get Professional Advice
Sponsoring a family member is high-risk.
Before proceeding, get professional immigration advice to ensure you're complying with all requirements.
Can You Avoid These Rules?
No.
The rules around sponsoring family members apply to all Sponsor Licence holders, regardless of:
Business size
Industry
Length of time you've held the licence
Attempting to circumvent these rules will result in licence revocation.
Examples of non-compliance:
Hiding the relationship from the Home Office
Assigning the CoS yourself when you're a Level 1/2 User
Creating a non-genuine role to facilitate sponsorship
Underpaying or not paying the sponsored family member
All of these will lead to serious consequences.
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